Date of Decision: SEPT. 11, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Martial Arts Fighter
Field: Karate
Nationality: Armenia
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Documentation of the alien’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor.
The petitioner submitted evidence of his podium finishes in competitions at the adult level, including first place in several Armenian championships and other regional tournaments. However, the Director found only one instance sufficient to qualify as a nationally recognized award, which was his selection for the Armenian National Karate Team.
Documentation of the alien’s membership in associations in the field for which classification is sought, which require outstanding achievements of their members.
The petitioner demonstrated membership in the Armenian National Karate Team, selected based on his competitive achievements.
Criteria Not Met:
Published material about the alien in professional or major trade publications or other major media, relating to the alien’s work in the field for which classification is sought.
The petitioner did not provide sufficient evidence to satisfy this criterion, lacking proof of the publication dates, authors, or the major media status of the sources.
Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field.
The petitioner’s submissions did not demonstrate original athletic contributions of major significance in the field of karate.
Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation.
The evidence did not establish that the petitioner held a leading or critical role in a distinguished organization.
Key Points from the Decision
Awards and Prizes Won:
The petitioner received several certificates for podium finishes in various karate competitions. However, the evidence provided did not demonstrate that these awards had significant national or international recognition.
Membership in Associations:
The petitioner’s membership in the Armenian National Karate Team was recognized based on his achievements, meeting the criteria for this category.
Published Materials About the Petitioner:
The petitioner provided some articles and an interview transcript, but failed to meet the criteria due to insufficient proof of publication details and media significance.
Original Contributions of Major Significance:
Letters of support discussed the petitioner’s skills and achievements but did not provide specific examples of contributions of major significance.
Leading or Critical Role Performed:
The petitioner did not provide adequate evidence to demonstrate that his role in any organization was leading or critical.
Supporting Documentation
- Certificates of achievements in various karate competitions.
- Letters of support from martial arts instructors.
- Transcripts and summaries of media interviews.
- Evidence of membership in the Armenian National Karate Team.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The petitioner did not meet the required initial evidence criteria of either a one-time major achievement or documentation satisfying at least three of the ten regulatory criteria. The submitted evidence did not demonstrate the level of sustained national or international acclaim necessary for the EB1 extraordinary ability classification.
Next Steps: The petitioner may consider gathering more substantial evidence to support his claims, focusing on widely recognized awards, documented media coverage, and significant contributions to the field. Alternatively, exploring other visa categories might be beneficial.
