Date of Decision: September 9, 2022
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: [Nationality not specified in the document]
Summary of Decision
- Initial Decision: Denied
- Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Criterion 1: Documentation of receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor
Description: The petitioner provided evidence of several awards including a gold medal in the 2016 [Championship] in Thailand, a gold medal in the 2015 Asian Championship, and a silver medal in the 2011 World [Championship]. However, the evidence had inconsistencies and lacked national or international recognition beyond certificates and medals.
Criteria Not Met:
Criterion 1: Membership in associations in the field requiring outstanding achievements
Description: The petitioner did not provide sufficient evidence that the national team he was part of required outstanding achievements for membership.
Criterion 2: Published material about the petitioner in professional or major trade publications or other major media
Description: Only one article was provided from the newspaper Zeravshan, which did not meet the criteria of being a professional or major trade publication or other major media.
Key Points from the Decision
Awards and Prizes Won:
- Gold Medal, 2016 [Championship] in Thailand
- Gold Medal, 2015 Asian Championship
- Silver Medal, 2011 World [Championship]
- Pro-Am Champion, 2011 [World Championship]
- First Place, 2011 [National Championship]
Discrepancies:
- Conflicting information about the petitioner’s awards and titles.
- Inconsistent evidence regarding the recognition of the awards at national and international levels.
Published Materials About the Petitioner:
- A single article from the newspaper Zeravshan, which did not focus on the petitioner and lacked evidence of significant recognition.
Membership in Associations:
- Insufficient evidence that the associations the petitioner was part of required outstanding achievements for membership.
Overall Assessment:
- The petitioner’s evidence did not meet the required criteria to demonstrate sustained national or international acclaim or that he is among the small percentage at the very top of his field.
Supporting Documentation
- Certificates and Medals: Provided for various championships.
- Letters from Training Schools: Indicating training and participation in local competitions.
- Published Article: From Zeravshan newspaper.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning:
The evidence provided did not sufficiently demonstrate that the petitioner met the criteria for extraordinary ability. The inconsistencies in the documentation and the lack of national or international recognition for the awards were key factors in the decision.
Next Steps:
- The petitioner should consider gathering more substantial and consistent evidence if they wish to reapply.
- Focus on obtaining documentation that clearly demonstrates national or international acclaim in the martial arts field.
