Date of Decision: January 9, 2015
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Mixed Martial Arts Fighter
Field: Athletics
Nationality: Brazilian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
N/A
Criteria Not Met:
Criterion 1: Receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor
Criterion 2: Membership in associations in the field, which require outstanding achievements of their members
Criterion 3: Published material about the alien in professional or major trade publications or other major media
Criterion 4: Display of the alien’s work at artistic exhibitions or showcases
Criterion 5: Performance in a leading or critical role for organizations or establishments with a distinguished reputation
Key Points from the Decision
Awards and Prizes Won:
The petitioner’s evidence did not meet the requirements of recognized excellence, as the awards cited were not established to be nationally or internationally recognized.
Participation as a Judge:
N/A
Membership in Associations:
The petitioner failed to provide evidence of membership in any associations that require outstanding achievements recognized by national or international experts.
Original Contributions of Major Significance:
N/A
Published Materials About the Petitioner:
The submitted materials were inadequate; they lacked certified translations, complete information on titles, dates, and authors, and did not establish the publications as major media.
Leading or Critical Role Performed:
Evidence did not conclusively show that the petitioner performed a leading or critical role in an organization with a distinguished reputation.
Supporting Documentation
The appeal included uncertified translations of foreign documents and insufficient evidence to support claims, failing to meet USCIS requirements.
Conclusion
Final Determination: The appeal is dismissed due to insufficient evidence to meet the extraordinary ability criteria under the relevant immigration regulations.
Reasoning: The petitioner failed to provide compelling, certifiable evidence to meet at least three of the regulatory criteria necessary for classification as an alien of extraordinary ability.
Next Steps: The petitioner may consider reevaluation and submission of new or additional evidence that comprehensively meets the USCIS criteria for extraordinary ability.
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