Date of Decision: May 25, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
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:
Judging: The petitioner served as a judge in several martial arts competitions.
Criteria Not Met:
Nationally or Internationally Recognized Awards: The petitioner provided evidence of receiving a gold medal at a martial arts championship, but did not sufficiently demonstrate that the award is nationally or internationally recognized for excellence.
Membership in Associations: The petitioner claimed membership in associations based on outstanding achievements, but did not provide sufficient evidence that these memberships required outstanding achievements judged by recognized experts.
Continued Work in Area of Expertise: The petitioner did not provide evidence that he would continue to work in his area of expertise in the United States.
Key Points from the Decision
Awards and Prizes Won:
The petitioner submitted a photograph and letters indicating his receipt of a gold medal at a martial arts championship, but failed to demonstrate that this award is nationally or internationally recognized for excellence.
Membership in Associations:
The petitioner provided a letter from the secretary general of a karate association, but did not provide independent evidence of the association’s membership requirements or demonstrate that the judging members are recognized experts in the field.
Continued Work in Area of Expertise:
The petitioner did not submit evidence demonstrating that he would continue to work as a martial arts instructor in the United States, as required.
Supporting Documentation
Judging Documentation: Evidence of judging in martial arts competitions.
Awards Documentation: Photograph and letters regarding gold medal at martial arts championship.
Membership Documentation: Letter from the secretary general of a karate association, but lacking independent evidence of membership requirements.
Continued Work Documentation: None provided.
Conclusion
Final Determination: Motion to Reconsider Dismissed
Reasoning: The petitioner did not meet the required evidentiary criteria to demonstrate extraordinary ability. While the petitioner met the criterion for judging, the evidence for other criteria, such as awards and membership in associations, was insufficient. Additionally, the petitioner did not provide evidence that he would continue to work in his area of expertise in the United States.
Next Steps: The petitioner may consider gathering more substantial evidence of nationally or internationally recognized awards, providing detailed documentation of the selection process and achievements required for membership in associations, and demonstrating plans to continue working in his field if reapplying.
