Date of Decision: September 13, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Martial Arts Athlete
Field: Karate
Nationality: [Nationality not specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Judging the Work of Others: The petitioner submitted sufficient evidence showing his participation as a judge and referee at various karate championships. However, the USCIS found this insufficient as it lacked detailed descriptions of his duties to confirm he judged the work or skills of competitors rather than just enforcing rules.
Criteria Not Met:
Lesser Nationally or Internationally Recognized Prizes or Awards: While the petitioner presented awards from various karate championships, the USCIS concluded that the evidence did not demonstrate that these awards are nationally or internationally recognized for excellence in the field of martial arts.
Membership in Associations: The petitioner claimed eligibility through his membership in a national karate team. However, the evidence provided did not sufficiently demonstrate that membership was based on outstanding achievements judged by recognized national or international experts.
Published Material in Certain Media: The petitioner did not provide evidence or contest the Director’s finding regarding this criterion, leading to its consideration as abandoned.
Key Points from the Decision
Awards and Prizes Won:
The petitioner’s awards included first and second places in various national and international karate championships. However, the provided documentation did not establish these awards as nationally or internationally recognized for excellence in karate.
Published Materials About the Petitioner:
No substantial evidence was provided or contested regarding this criterion.
Original Contributions of Major Significance:
No substantial evidence was provided or contested regarding this criterion.
Participation as a Judge:
The petitioner participated as a judge and referee at several karate championships, but the evidence lacked sufficient detail to confirm the role equated to judging the work of others as required.
Membership in Associations:
The petitioner’s membership in a national karate team was not sufficiently supported by evidence demonstrating that it required outstanding achievements judged by experts.
Authorship of Scholarly Articles:
No substantial evidence was provided or contested regarding this criterion.
Leading or Critical Role Performed:
This criterion was claimed on appeal but not reached due to the failure to meet the initial evidentiary requirements.
Artistic Exhibitions or Showcases:
No substantial evidence was provided or contested regarding this criterion.
Evidence of High Salary or Remuneration:
No substantial evidence was provided or contested regarding this criterion.
Commercial Successes in the Performing Arts:
No substantial evidence was provided or contested regarding this criterion.
Supporting Documentation
Certificates and Photographs: Certificates of participation and photographs of the petitioner at various karate events.
Letters of Appreciation and Support: Letters from officials confirming the petitioner’s roles and achievements in karate competitions.
Screenshots and Translated Articles: Limited media coverage confirming the petitioner’s competition results.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the initial evidence requirements of either a one-time major achievement or at least three of the ten criteria. The evidence provided did not establish the required level of national or international acclaim or demonstrate that the petitioner is among the top small percentage in the field of karate.
Next Steps: The petitioner may consider gathering more substantial and detailed evidence to meet the evidentiary criteria or explore other visa classifications.
