Date of Decision: December 31, 2020
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1 Extraordinary Ability
Field of Expertise: Martial Arts
Petitioner Information
Profession: Martial Arts Instructor
Field: Martial Arts
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Participation as a Judge: The Petitioner met this criterion by providing evidence of his role as a judge and referee in several martial arts competitions, satisfying the criterion under 8 C.F.R. § 204.5(h)(3)(iv).
Criteria Not Met:
Lesser Nationally or Internationally Recognized Prizes or Awards: The Petitioner claimed to have won a gold medal at the 2017 International Championship. However, the evidence did not establish that the gold medal is nationally or internationally recognized, as required under 8 C.F.R. § 204.5(h)(3)(i). The provided documentation did not demonstrate the medal’s recognition on a national or international scale or its significance in the martial arts community.
Membership in Associations: The Petitioner claimed membership in the Karate Association. However, the evidence provided did not demonstrate that this membership required outstanding achievements judged by recognized national or international experts. The letters provided did not support the membership criteria being indicative of extraordinary ability, failing to meet the criterion under 8 C.F.R. § 204.5(h)(3)(ii).
Key Points from the Decision
Awards and Prizes Won:
The Petitioner did not provide sufficient evidence of receiving nationally or internationally recognized awards.
Published Materials About the Petitioner:
The Petitioner did not provide sufficient evidence of published material in major media about him.
Original Contributions of Major Significance:
The Petitioner’s contributions were not demonstrated to have major significance in the field of martial arts.
Participation as a Judge:
The Petitioner participated as a judge in professional martial arts competitions, meeting this criterion.
Membership in Associations:
The Petitioner did not establish that his memberships required outstanding achievements judged by recognized experts.
Authorship of Scholarly Articles:
Not applicable.
Leading or Critical Role Performed:
The Petitioner did not establish his roles as leading or critical in distinguished organizations.
Artistic Exhibitions or Showcases:
Not applicable.
Evidence of High Salary or Remuneration:
Not applicable.
Commercial Successes in the Performing Arts:
Not applicable.
Supporting Documentation
The Petitioner provided various supporting documents, including letters of recommendation and evidence of judging activities. However, these did not collectively establish the required criteria for extraordinary ability.
Conclusion
Final Determination: The motion to reconsider was dismissed.
Reasoning: The Petitioner did not demonstrate that he met at least three of the ten initial evidentiary criteria for extraordinary ability. While the Petitioner satisfied the criterion for participation as a judge, the evidence provided did not establish his receipt of nationally or internationally recognized awards, his memberships in associations requiring outstanding achievements, or his original contributions of major significance. The totality of the evidence did not support a finding of sustained national or international acclaim or that the Petitioner is among the small percentage at the very top of his field.
Next Steps: The Petitioner may consider submitting additional evidence that clearly establishes the major significance of his contributions or explore other immigration options that may better fit his qualifications.
