Date of Decision: July 31, 2024
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1 Extraordinary Ability
Petitioner Information
Profession: Shaolin Kungfu Practitioner
Field: Martial Arts and Kungfu Instruction
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Withdrawn and remanded for further determination
Evidentiary Criteria Analysis
Criteria Met:
- Membership in Associations in the Field:
- The petitioner demonstrated membership in the International Wushu Association, which requires outstanding achievements judged by recognized national or international experts.
- Published Material About the Petitioner:
- Evidence included articles in professional and major trade publications that discussed the petitioner’s contributions to the field of Shaolin kungfu.
- Participation as a Judge of the Work of Others:
- The petitioner participated as a judge for martial arts competitions, which was supported by documentation.
Key Points from the Decision
Membership in Associations:
The petitioner provided evidence that his membership in the International Wushu Association, specifically as a standing committee member, required advanced credentials, unique contributions to the field, and judgment by national or international experts.
Published Material:
The petitioner submitted articles from trade publications and media outlets highlighting his achievements, including his work in promoting and preserving Shaolin kungfu and Xinyiba wushu globally.
Judging Activities:
The petitioner served as a judge in competitions evaluating martial arts techniques, supported by detailed records of events and judging panels.
Director’s Errors:
The AAO noted that the Director misinterpreted the evidentiary requirements for membership in associations and other criteria. The AAO concluded that the evidence provided met the plain language of the regulatory criteria.
Remand for Final Merits Determination:
The AAO remanded the case for the Director to assess whether the petitioner’s achievements demonstrate sustained national or international acclaim, placing him among the small percentage at the very top of his field.
Supporting Documentation
Membership Evidence: Detailed requirements for advanced membership in the International Wushu Association.
Published Materials: Articles and media coverage discussing the petitioner’s contributions and achievements.
Judging Evidence: Records of participation as a judge in martial arts competitions.
Conclusion
Final Determination: The Director’s decision was withdrawn, and the matter was remanded for a final merits determination.
Reasoning:
The petitioner met three regulatory criteria under 8 C.F.R. § 204.5(h)(3). The Director must now evaluate whether the petitioner demonstrates extraordinary ability and sustained acclaim in Shaolin kungfu.
