Date of Decision: March 2, 2023
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Mixed Martial Arts Athlete
Field: Mixed Martial Arts
Nationality: Ukraine
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Membership in Associations:
The petitioner provided a letter from the Ministry of Education and Sciences of Ukraine Committee of Physical Education and Sports (MES), confirming his status as a “Master of Sports of Ukraine – World Class.” However, the evidence was insufficient as it lacked proof that the membership selection was judged by recognized national or international experts to determine if achievements were outstanding.
Criteria Not Met:
- Membership in Associations:
The Director noted that the Petitioner did not provide sufficient evidence outlining the eligibility requirements for the title “Master of Sports of Ukraine – World Class.” There was no evidence showing that nationally or internationally recognized experts judged the achievements of prospective members. - Leading or Critical Role:
A second letter from MES confirmed that the Petitioner was the “leading athlete in his weight class for All Ukrainian Federation of Free-Fight.” However, the evidence was deemed insufficient as it contained bare assertions and vague claims of contributions without specific examples showing major significance in the field.
Key Points from the Decision
Awards and Prizes Won:
The Petitioner did not present any awards or prizes recognized as major international awards.
Published Materials About the Petitioner:
There was no mention of published materials in the decision document.
Original Contributions of Major Significance:
No evidence was presented to support the petitioner’s original contributions of major significance in the field of mixed martial arts.
Participation as a Judge:
No evidence was presented regarding the petitioner’s participation as a judge in the field.
Membership in Associations:
- The letter from MES was insufficient as it lacked the required proof of judgment by recognized experts.
Authorship of Scholarly Articles:
No evidence was presented regarding the authorship of scholarly articles.
Leading or Critical Role Performed:
- The petitioner’s claim of performing a leading role was unsupported by specific examples or sufficient evidence.
Artistic Exhibitions or Showcases:
No evidence was presented regarding artistic exhibitions or showcases.
Evidence of High Salary or Remuneration:
No evidence was presented regarding the petitioner’s salary or remuneration.
Commercial Successes in the Performing Arts:
No evidence was presented regarding commercial successes.
Supporting Documentation
- Letter from MES:
Confirmed petitioner’s status as “Master of Sports of Ukraine – World Class” but lacked proof of judgment by recognized experts. - Second Letter from MES:
Confirmed petitioner’s leading role in his weight class but lacked specific examples and sufficient evidence of major significance.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not provide sufficient evidence to meet the criteria for extraordinary ability as required by the regulations. Specifically, the evidence provided did not demonstrate that the petitioner’s achievements were judged by recognized national or international experts or that his contributions were of major significance in the field.
Next Steps:
It is recommended that the petitioner gathers more substantial evidence and documentation, including detailed information on the selection process for the “Master of Sports of Ukraine – World Class” title, specific examples of his leading role and contributions, and additional evidence meeting the required criteria.
