Date of Decision: September 19, 2022
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Martial Arts Athlete
Field: Karate
Nationality: [Not specified in the document]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Participation as a Judge: The Petitioner provided evidence of his role as a head coach at various regional and national karate championships. However, specific instances meeting the criteria for judging were not detailed.
Criteria Not Met:
Awards and Prizes Won: The Petitioner did not establish that he had received a major, internationally recognized award or met the alternative requirement of fulfilling at least three of the ten initial evidentiary criteria.
Published Materials About the Petitioner: There was no substantial evidence provided of significant published materials about the Petitioner’s achievements in the field of karate.
Original Contributions of Major Significance: The documentation provided did not sufficiently demonstrate that the Petitioner’s contributions to karate were of major significance within the field.
Membership in Associations: While the Petitioner is involved in karate organizations, evidence was insufficient to prove membership in associations that require outstanding achievements of their members.
Authorship of Scholarly Articles: No evidence was provided to show the Petitioner authored scholarly articles in his field.
Leading or Critical Role Performed: Although the Petitioner held a vice president and head coach position at a karate academy, the evidence did not demonstrate this role had a significant impact in his field.
Artistic Exhibitions or Showcases: There was no evidence of participation in artistic exhibitions or showcases relevant to the field of karate.
Evidence of High Salary or Remuneration: The documentation did not show the Petitioner received a high salary or significant remuneration compared to others in his field.
Commercial Successes in the Performing Arts: No evidence was provided to show commercial successes related to performing arts.
Key Points from the Decision
Awards and Prizes Won: The Petitioner failed to provide evidence of receiving a major, internationally recognized award or meeting three of the ten required criteria for extraordinary ability classification.
Published Materials About the Petitioner: Insufficient published materials were provided to support claims of national or international acclaim.
Original Contributions of Major Significance: The documentation did not demonstrate contributions that were widely recognized as majorly significant within the field of karate.
Participation as a Judge: The Petitioner participated in coaching roles, but evidence did not fully meet the criteria for judging at a high level.
Membership in Associations: Membership evidence did not meet the threshold of requiring outstanding achievements.
Authorship of Scholarly Articles: No scholarly articles authored by the Petitioner were submitted.
Leading or Critical Role Performed: The Petitioner’s role at the karate academy did not demonstrate a significant impact on the field as required.
Artistic Exhibitions or Showcases: No relevant artistic exhibitions or showcases were evidenced.
Evidence of High Salary or Remuneration: The provided documentation did not show evidence of high salary or remuneration.
Commercial Successes in the Performing Arts: No evidence of commercial success in the performing arts was submitted.
Supporting Documentation
Two Letters from 2021: Describing the Petitioner’s activities as a coach and competitor.
Fourteen Undated Photographs: Featuring the Petitioner with other athletes.
Certificate from the U.S. Center for Safesport: Indicating completion of a training program in June 2021.
Three Social Media Posts: Showing photographs from the Petitioner’s visit to an event.
Conclusion
Final Determination: Denied
Reasoning: The Petitioner did not meet the necessary criteria to establish eligibility for the extraordinary ability classification. The new evidence provided did not demonstrate eligibility at the time of filing and was insufficient to reopen or reconsider the previous decision.
Next Steps: The Petitioner may consider gathering more substantial evidence that directly addresses the criteria for extraordinary ability and resubmit the petition if new qualifying documentation becomes available.
