Date of Decision: OCT. 31, 2022
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: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
None: The Petitioner failed to meet any of the evidentiary criteria.
Criteria Not Met:
Awards and Prizes: The Petitioner failed to provide evidence of a one-time achievement or major internationally recognized awards.
Membership in Associations: The documentation provided did not establish that the memberships were in associations that require outstanding achievements of their members, as judged by recognized national or international experts in the discipline or field.
Key Points from the Decision
Awards and Prizes Won:
The Petitioner did not present new evidence of awards or prizes that would satisfy the criteria for extraordinary ability.
Published Materials About the Petitioner:
No published materials were presented that substantiate the Petitioner’s extraordinary ability in the field of martial arts.
Original Contributions of Major Significance:
The Petitioner did not provide evidence of original contributions of major significance to the field of martial arts.
Participation as a Judge:
There was no evidence submitted that the Petitioner has participated as a judge of the work of others in the same or an allied field of specialization.
Membership in Associations:
The memberships listed by the Petitioner did not meet the high standard required for EB1 extraordinary ability classification.
Authorship of Scholarly Articles:
The Petitioner did not provide any scholarly articles authored in the field of martial arts.
Leading or Critical Role Performed:
No evidence was provided that the Petitioner performed a leading or critical role for organizations or establishments that have a distinguished reputation.
Artistic Exhibitions or Showcases:
The Petitioner did not provide evidence of artistic exhibitions or showcases relevant to the field of martial arts.
Evidence of High Salary or Remuneration:
There was no evidence submitted indicating that the Petitioner commands a high salary or other significantly high remuneration for services in relation to others in the field.
Commercial Successes in the Performing Arts:
The Petitioner did not demonstrate commercial successes in the performing arts.
Supporting Documentation
None: No new supporting documents were provided to substantiate the Petitioner’s claims for meeting the required criteria.
Conclusion
Final Determination: The motion to reopen and reconsider is dismissed.
Reasoning: The Petitioner did not provide new facts or evidence to warrant reopening the case. The Petitioner also failed to demonstrate that the previous decision was based on an incorrect application of law or policy.
Next Steps: The Petitioner may consider providing more substantial and specific evidence to meet the criteria for extraordinary ability in future petitions.
