Date of Decision: November 1, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Martial Arts Competitor and Consultant
Field: Martial Arts
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
The document does not specify which criteria were met by the petitioner.
Criteria Not Met:
Lesser Nationally or Internationally Recognized Prizes or Awards: The petitioner provided evidence of winning numerous medals and accolades in martial arts competitions from 2009 to 2018. However, the evidence was insufficient to demonstrate that these awards were nationally or internationally recognized for excellence in the field of martial arts.
Published Material About the Petitioner: The petitioner submitted articles and other published materials, but the evidence did not establish that the publications were professional or major trade publications or other major media. Furthermore, the materials were mostly about the petitioner’s work as a competitor rather than as a coach.
Original Contributions of Major Significance: The petitioner claimed to have made significant contributions to the field of martial arts, but the evidence did not sufficiently support this claim.
High Salary or Other Remuneration: The petitioner did not provide adequate evidence of earning a high salary relative to others in the field.
Key Points from the Decision
Awards and Prizes Won:
The petitioner won various competitions, including the Australian Federation of Martial Arts Pan Pacific (Black Belt) in 2013 and the Martial Arts Industries (Black Belt) in 2016. However, the awards were not demonstrated to be nationally or internationally recognized for excellence in the field.
Published Materials About the Petitioner:
The petitioner submitted articles from various sources, but the publications were not established as major media. The materials were mostly related to the petitioner’s achievements as a competitor, not as a coach.
Original Contributions of Major Significance:
The petitioner’s contributions to martial arts, while notable, were not demonstrated to have major significance in the field.
Participation as a Judge:
The petitioner mentored students and assisted with their presentations, but this did not qualify as judging the work of others in the field.
Membership in Associations:
The document does not provide specific details on the petitioner’s membership in professional associations.
Authorship of Scholarly Articles:
The document does not provide details on the authorship of scholarly articles by the petitioner.
Leading or Critical Role Performed:
The petitioner did not sufficiently demonstrate holding a leading or critical role within distinguished organizations.
Artistic Exhibitions or Showcases:
The document does not provide details on artistic exhibitions or showcases involving the petitioner.
Evidence of High Salary or Remuneration:
The petitioner did not provide sufficient evidence of high salary or remuneration relative to others in their field.
Commercial Successes in the Performing Arts:
The petitioner did not claim or provide evidence for this criterion.
Supporting Documentation
The petitioner submitted various documents, including articles, letters of recommendation, and evidence of contributions to the field of martial arts. However, the evidence was not sufficient to demonstrate sustained national or international acclaim.
Conclusion
Final Determination:
The appeal was dismissed.
Reasoning:
The petitioner failed to establish eligibility for the requested benefit as they did not meet the required evidentiary criteria. The evidence provided did not demonstrate that the petitioner met at least three of the ten criteria, and the contributions were not shown to have major significance in the field. The petitioner’s claims and evidence, while notable, did not rise to the level of demonstrating sustained national or international acclaim or that the petitioner is among the small percentage at the top of their field.
Next Steps:
The petitioner should ensure that any future filings address the specific deficiencies noted in the decision. This includes providing more substantial and detailed evidence of national or international acclaim, ensuring all filing requirements are met, and potentially seeking further legal advice to strengthen the petition.
