Date of Decision: May 26, 2015
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Mixed Martial Arts (MMA) Fighter
Field: Mixed Martial Arts
Nationality: Brazil
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- None
Criteria Not Met:
- Lesser nationally or internationally recognized prizes or awards for excellence:
The petitioner claimed wins at 2013 championships, but no evidence showed participation in these events in 2013. Moreover, 2012 wins were not proven to be nationally or internationally recognized. - Published material about the petitioner in professional or major trade publications or other major media:
Articles submitted did not qualify as professional or major media, and translations were uncertified. - Leading or critical role for organizations or establishments that have a distinguished reputation:
Evidence did not establish that the petitioner performed a leading or critical role in recognized organizations or establishments. Reference letters lacked details on how the petitioner’s role was either leading or critical.
Key Points from the Decision
Awards and Prizes Won:
The petitioner’s wins in 2012 events were not recognized as nationally or internationally significant. Self-promotional material was deemed insufficient.
Published Materials About the Petitioner:
Articles from various websites did not qualify as major media. Uncertified translations and lack of specific author and date information further diminished their evidentiary value.
Original Contributions of Major Significance:
No evidence provided that met this criterion.
Participation as a Judge:
Not applicable.
Membership in Associations:
Not applicable.
Authorship of scholarly articles:
Not applicable.
Leading or critical role performed:
Petitioner did not demonstrate a leading or critical role in any distinguished organization.
Artistic Exhibitions or Showcases:
Not applicable.
Evidence of High Salary or Remuneration:
Not applicable.
Commercial successes in the Performing Arts:
Not applicable.
Supporting Documentation
- May 14, 2007 article titled “xxxxxxx”: Did not establish the prestige of the event or petitioner’s role.
- Online printouts from “xxxxxxx”: Uncertified translations and lack of clear recognition or awards.
Conclusion
Final Determination: Motion to reopen is dismissed; the petition remains denied.
Reasoning:
- Lack of a statement regarding judicial proceedings concerning the previous unfavorable decision.
- New evidence did not meet eligibility criteria for the classification sought.
Next Steps:
- Consider filing a motion to reconsider with valid legal precedent or other legal authority.
Download the Full Petition Review Here
