Date of Decision: December 21, 2023
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Martial Arts Instructor
Field: Wushu (Chinese Martial Arts)
Nationality: Chinese
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Criterion: Participation as a judge of the work of others
The petitioner provided evidence of serving as a judge at international championship competitions in Wushu, which was accepted by the Director.
Criterion: Authorship of scholarly articles
The petitioner submitted evidence of published books and articles about Wushu, which was also accepted by the Director.
Criteria Not Met:
Criterion: Lesser nationally or internationally recognized prizes or awards for excellence
The petitioner submitted certificates indicating first-place wins in various competitions. However, the Director concluded that the petitioner did not establish that these awards had a substantial level of national or international recognition.
Criterion: Membership in associations that require outstanding achievements
The petitioner claimed membership in various organizations, but only discussed his membership on the Advisory Committee of a Wushu association. The Director found insufficient evidence that this membership required outstanding achievements as judged by recognized experts.
Key Points from the Decision
Awards and Prizes Won:
The Director acknowledged that some of the petitioner’s competitions drew from national or international pools, but determined the petitioner failed to show that his awards had a substantial level of recognition. No evidence was provided to demonstrate that the awards were reported or announced by the media or the organizations.
Published Materials About the Petitioner:
The petitioner did not contest the Director’s conclusions regarding published material about him, thus waiving the appeal on this issue.
Original Contributions of Major Significance:
The petitioner did not provide sufficient evidence to establish original contributions of major significance to the field of Wushu.
Participation as a Judge:
The Director accepted the petitioner’s evidence of serving as a judge at international Wushu competitions, fulfilling one of the criteria.
Membership in Associations:
The petitioner’s claimed membership in associations did not meet the regulatory requirement as the documentation provided lacked sufficient evidence of outstanding achievements necessary for such memberships.
Authorship of Scholarly Articles:
The petitioner’s evidence of published books and scholarly articles was accepted by the Director.
Supporting Documentation
- Certificates of Awards: Provided for competitions, but lacked evidence of substantial national or international recognition.
- Membership Cards: Included a translated membership card from a Wushu association without sufficient evidence of membership requirements or the admission process.
- Publications: Submitted evidence of authored books and scholarly articles about Wushu.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The petitioner did not provide the required initial evidence of either a one-time achievement or documents that meet at least three of the ten criteria. Furthermore, the petitioner did not establish the sustained national or international acclaim required for the classification sought. The evidence provided did not demonstrate that the petitioner is among the small percentage who has risen to the very top of his field.
Next Steps:
The petitioner may consider gathering more robust evidence of national or international recognition, ensuring that awards, memberships, and publications are well-documented and widely recognized, and may reapply or pursue other visa options that may be more suitable.
