Date of Decision: June 9, 2020
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Martial Arts Instructor
Field: Martial Arts (Kung Fu, Wushu, Karate, Tai Chi)
Nationality: [Not specified in the document]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Criterion 1: Participation as a Judge of the Work of Others
The petitioner provided evidence that he reviewed papers for journals and judged competitions in martial arts, fulfilling this criterion.
Criteria Not Met:
Criterion 1: Lesser Nationally or Internationally Recognized Prizes or Awards
The petitioner claimed to have received a gold medal at the World Martial Arts Championship. However, the evidence provided, such as a photograph of the petitioner with a medal, did not sufficiently establish that this award is nationally or internationally recognized. The petitioner did not provide additional documentation such as official results, a list of competitors, event rules, or media coverage.
Criterion 2: Membership in Associations
The petitioner claimed membership in several associations, including the Nepal Kung Fu Association and the Nepal World Martial Arts Association. However, the evidence did not demonstrate that these memberships required outstanding achievements judged by recognized national or international experts. The letters provided lacked sufficient detail about the membership requirements.
Criterion 3: Original Contributions of Major Significance
The petitioner claimed contributions to martial arts, but the evidence provided did not sufficiently demonstrate the major significance of these contributions. The letters of support from colleagues and organizations praised the petitioner’s skills but did not establish the widespread impact or implementation of his contributions in the field.
Key Points from the Decision
Awards and Prizes Won:
The petitioner claimed to have received a gold medal at the World Martial Arts Championship but did not provide sufficient evidence to establish its national or international recognition.
Published Materials About the Petitioner: Not applicable
Original Contributions of Major Significance:
The petitioner did not sufficiently demonstrate that his contributions to martial arts were of major significance. The support letters lacked detailed information on the impact of his contributions.
Participation as a Judge:
The petitioner provided evidence that he judged competitions in martial arts, meeting this criterion.
Membership in Associations:
The petitioner did not provide sufficient evidence that his memberships in various associations required outstanding achievements judged by recognized experts.
Authorship of Scholarly Articles: Not applicable
Leading or Critical Role Performed: Not applicable
Artistic Exhibitions or Showcases: Not applicable
Evidence of High Salary or Remuneration: Not applicable
Commercial Successes in the Performing Arts: Not applicable
Supporting Documentation
Photograph: A photograph of the petitioner with a medal at the World Martial Arts Championship.
Letters of Reference: Letters from colleagues and organizations detailing the petitioner’s contributions and roles.
Membership Information: Documentation of memberships in various martial arts associations.
Judging Records: Evidence of the petitioner’s participation as a judge in martial arts competitions.
Conclusion
Final Determination: The motion to reconsider was dismissed.
Reasoning:
The petitioner did not provide sufficient evidence to meet at least three of the required criteria for demonstrating extraordinary ability. The evidence submitted did not establish national or international recognition of his achievements or demonstrate major contributions to the field of martial arts. The petitioner did not show that his professional accomplishments placed him among the small percentage at the very top of his field. The motion to reconsider did not establish an incorrect application of law or policy in the previous decision.
Next Steps:
The petitioner may consider gathering more substantial evidence of extraordinary ability, focusing on awards with national or international recognition, significant contributions, and other achievements that demonstrate standing at the top of the field. Exploring other immigration options that may be more suitable given the evidence available is also recommended.
