Date of Decision: February 29, 2024
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
- Profession: Mixed Martial Arts (MMA) Fighter
- Field: Athletics
- Nationality: Not specified
Summary of Decision
- Initial Decision: Denied
- Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Lesser nationally or internationally recognized prizes or awards for excellence: The petitioner met this criterion by receiving several awards in her field, including multiple first-place finishes at notable championships such as the Judo Championship and the Championship of Russia in her weight class.
Criteria Not Met:
- Major internationally recognized award: The petitioner did not receive any major international awards akin to a Nobel Prize, as required by the regulations.
- Membership in associations requiring outstanding achievements: The petitioner failed to prove membership in associations that require outstanding achievements as judged by recognized experts in MMA.
- Published materials about the petitioner in major media: Although the petitioner provided articles and videos, she did not establish these were from major trade publications or that they met the stringent requirements for this criterion.
- Participation as a judge of the work of others: The petitioner provided insufficient evidence of serving officially as a judge in MMA, failing to meet this criterion.
Key Points from the Decision
- Awards and Prizes Won: The petitioner has achieved considerable recognition in her sport through various awards and championships.
- Participation as a Judge: The appeal confirmed that while the petitioner has been involved as a referee, this does not equate to serving as a judge of the work of others.
Supporting Documentation
- The petitioner submitted numerous awards, membership details, contracts with MMA organizations, and media articles. However, these often lacked the required details or confirmation that they meet the high standards set by USCIS for this visa category.
Conclusion
Final Determination: The appeal was dismissed, and the decision to deny the EB1 Extraordinary Ability visa was upheld.
Reasoning: The petitioner, despite her accomplishments and contributions to MMA, did not meet the required number of evidentiary criteria to prove extraordinary ability under USCIS standards. Notably, the absence of a major international award and insufficient evidence regarding memberships and published materials were pivotal.
Next Steps: For future applications, it is recommended that the petitioner focus on solidifying her credentials in terms of memberships in recognized associations and achieving more significant, internationally recognized awards. Additionally, improving the quality and documentation of published materials about her work could enhance her profile for reapplication.
