Date of Decision: November 15, 2024
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1 Extraordinary Ability
Petitioner Information
Profession: Martial Arts Instructor
Field: Martial Arts and Brazilian Jiu-Jitsu Instruction
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
The petitioner sought to demonstrate eligibility under 8 C.F.R. § 204.5(h)(3) by satisfying at least three of the ten regulatory criteria. Upon review, the Administrative Appeals Office (AAO) determined that the petitioner failed to meet the minimum three criteria, resulting in dismissal of the appeal.
Criteria Evaluated:
- Membership in Associations That Require Outstanding Achievements:
- The petitioner cited membership in the United States Federation of Brazilian Jiu-Jitsu (USFBJJ) and the International Brazilian Jiu-Jitsu Federation (IBJJF). However, no evidence was provided to establish that membership required outstanding achievements judged by recognized experts.
- The IBJJF Certificate of Achievement, dated after the petition’s filing, could not be considered as it postdated the filing and did not establish eligibility at the time of filing.
- Published Material About the Petitioner:
- The AAO reserved judgment on this criterion, as the petitioner did not meet the minimum three criteria required for further consideration.
- Leading or Critical Role for Distinguished Organizations:
- The AAO similarly reserved judgment on this criterion, given the petitioner’s failure to meet the minimum regulatory threshold.
Key Points from the Decision
Insufficient Evidence of Membership Requirements:
- Neither the USFBJJ nor the IBJJF demonstrated membership criteria requiring outstanding achievements judged by experts.
Post-Filing Evidence:
- The IBJJF Certificate of Achievement, obtained almost a year after the petition’s filing, was not applicable to the petitioner’s eligibility at the time of filing.
Final Merits Determination:
- The AAO reviewed the record in its entirety and concluded that the petitioner failed to demonstrate sustained national or international acclaim or recognition required for EB-1 classification.
Supporting Documentation
Membership Evidence: USFBJJ and IBJJF membership, without corroboration of outstanding achievements.
Post-Filing Evidence: IBJJF Certificate of Achievement, excluded due to timing.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning:
The petitioner failed to meet at least three regulatory criteria under 8 C.F.R. § 204.5(h)(3). The evidence did not establish that the petitioner had achieved the sustained national or international acclaim required for EB-1 classification.
