Date of Decision: May 11, 2023
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Martial Arts Athlete
Field: Martial Arts
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Participation in Tournaments: The Petitioner provided evidence of participating in various martial arts tournaments and competitions in 2021 and 2022.
- Social Media Presence: Screenshots of social media posts featuring the Petitioner and comments from other users acknowledging his skills.
- Supporting Letters: Letters from martial arts coaches and parents of children coached by the Petitioner, praising his skills and contributions.
Criteria Not Met:
- Major International Award: The Petitioner did not establish that he had received a major, internationally recognized award.
- Evidence of Extraordinary Ability: The Petitioner did not provide sufficient evidence to demonstrate sustained national or international acclaim in his field.
Key Points from the Decision
Awards and Prizes Won:
The Petitioner submitted lists of people who won medals at the 2015 European Universities Karate Championship and results from the 2021 USA Karate Nationals, but these did not sufficiently demonstrate extraordinary ability.
Published Materials About the Petitioner:
Screenshots of social media posts and letters from coaches and parents were provided, but these were not considered sufficient evidence of recognition of the Petitioner’s extraordinary ability.
Original Contributions of Major Significance:
There was no compelling evidence provided that demonstrated the Petitioner’s original contributions were of major significance in the field of martial arts.
Participation as a Judge:
No evidence was submitted regarding participation as a judge in martial arts competitions.
Membership in Associations:
The documentation did not include evidence of membership in associations that require outstanding achievements for membership.
Authorship of Scholarly Articles:
There were no scholarly articles authored by the Petitioner provided as evidence.
Leading or Critical Role Performed:
While the Petitioner provided evidence of coaching roles, it was noted that coaching and competitive athletic performance are distinct areas, and the Petitioner did not demonstrate extraordinary ability as a martial arts athlete.
Artistic Exhibitions or Showcases:
No evidence of participation in artistic exhibitions or showcases was provided.
Evidence of High Salary or Remuneration:
The Petitioner did not submit evidence of a high salary or other significant remuneration compared to others in the field of martial arts.
Commercial Successes in the Performing Arts:
No evidence was provided regarding commercial successes in the performing arts related to martial arts.
Supporting Documentation
- 2022 Letters: From a martial arts coach describing the Petitioner’s activities and participation in tournaments.
- Social Media Screenshots: Featuring the Petitioner and comments from other users.
- Unsigned Letter: From a follower on social media.
- Letters from Parents: Describing the Petitioner’s coaching of their children.
- Photos: Of children with medals and certificates.
- Competition Advertisements: Listing the Petitioner as a competitor.
- Results from Competitions: Including European Universities Karate Championship and USA Karate Nationals.
Conclusion
Final Determination: Denied
Reasoning: The Petitioner did not meet the criteria for demonstrating extraordinary ability, particularly lacking evidence of a major internationally recognized award or equivalent evidence in at least three of the ten criteria required.
Next Steps: The Petitioner may consider submitting additional new evidence or re-evaluating the criteria for future petitions.
