Date of Decision: October 5, 2020
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: The Petitioner won or placed highly at events sponsored by the International MMA Federation (IMMAF) or subsidiary organizations, meeting the criterion under 8 C.F.R. § 204.5(h)(3)(i).
Criteria Not Met:
One-Time Achievement: The Petitioner’s medals in regional and international competitions did not qualify as major, internationally recognized awards comparable to the Nobel Prize, as required under the regulation.
Published Material: The materials submitted, such as articles and announcements from various sources, did not qualify as professional or major trade publications or other major media about the Petitioner, failing to meet the criterion under 8 C.F.R. § 204.5(h)(3)(iii).
Original Contributions of Major Significance: The Petitioner’s competitive rankings and victories, while notable, did not constitute original athletic contributions of major significance in the field, as required under 8 C.F.R. § 204.5(h)(3)(v).
Leading or Critical Role: The Petitioner claimed this criterion only on appeal, and the newly submitted evidence was not considered. The appeal process is intended to address errors in the decision being appealed, not to introduce new claims.
Key Points from the Decision
Awards and Prizes Won:
The Petitioner’s medals at various competitions were recognized but did not qualify as major, internationally recognized awards.
Published Materials About the Petitioner:
The materials submitted were primarily about events rather than the Petitioner himself, failing to meet the criterion.
Original Contributions of Major Significance:
The Petitioner’s achievements in MMA, while significant, did not demonstrate original contributions of major significance in the field.
Participation as a Judge:
Not applicable.
Membership in Associations:
Not applicable.
Authorship of Scholarly Articles:
Not applicable.
Leading or Critical Role Performed:
The Petitioner’s role was not considered due to the claim being made only on appeal.
Artistic Exhibitions or Showcases:
Not applicable.
Evidence of High Salary or Remuneration:
Not applicable.
Commercial Successes in the Performing Arts:
Not applicable.
Supporting Documentation
The Petitioner provided various supporting documents, including medals, articles, and rankings. However, these did not collectively establish the required criteria for extraordinary ability.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The evidence provided did not demonstrate that the Petitioner met the required evidentiary criteria for extraordinary ability. The Petitioner did not show that his awards were major, internationally recognized, nor did he provide sufficient evidence of original contributions of major significance or coverage in major media.
Next Steps: The Petitioner may consider submitting additional evidence that clearly establishes the major significance of their contributions or explore other immigration options that may better fit their qualifications.
