Date of Decision: May 8, 2018
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Taekwondo Athlete and Instructor
Field: Athletics
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Awards at 8 C.F.R. § 204.5(h)(3)(i):
The petitioner provided evidence of receiving awards, which was accepted as meeting the criteria for awards that indicate recognition of excellence in the field of athletics.
Judging the Work of Others at 8 C.F.R. § 204.5(h)(3)(iv):
The petitioner served as a judge in various taekwondo competitions, demonstrating his role as a judge of the work of others in his field.
Criteria Not Met:
Published Material at 8 C.F.R. § 204.5(h)(3)(iii):
The petitioner provided evidence of contributions to a documentary and several newspaper articles. However, the documentary did not focus on the petitioner, and the newspaper articles lacked full certified translations. Therefore, these did not meet the regulatory criterion for published material about the petitioner in major media.
Leading or Critical Role at 8 C.F.R. § 204.5(h)(3)(viii):
The petitioner claimed roles as the Director of Promotions and the president of the national chapter of a taekwondo organization. However, the letters submitted did not sufficiently demonstrate how these roles were leading or critical. The roles were described in general terms without corroborating evidence of their impact on the organization.
Key Points from the Decision
Awards and Prizes Won:
The petitioner received awards that recognized his excellence in taekwondo, meeting the criteria for awards.
Published Materials About the Petitioner:
The petitioner provided contributions to a documentary and newspaper articles, but these did not meet the criteria due to lack of focus on the petitioner and incomplete translations.
Original Contributions of Major Significance:
Not applicable based on the provided evidence.
Participation as a Judge:
The petitioner served as a judge in various taekwondo competitions, meeting the criteria for judging the work of others.
Membership in Associations:
Not discussed in the decision.
Authorship of Scholarly Articles:
Not applicable based on the provided evidence.
Leading or Critical Role Performed:
The petitioner’s roles in the taekwondo organization were not sufficiently demonstrated to be leading or critical.
Artistic Exhibitions or Showcases:
Not applicable.
Evidence of High Salary or Remuneration:
Not applicable based on the provided evidence.
Commercial Successes in the Performing Arts:
Not applicable.
Supporting Documentation
The petitioner provided several pieces of evidence, including:
Evidence of receiving awards that recognize excellence in taekwondo.
Documentation of serving as a judge in taekwondo competitions.
Contributions to a documentary and newspaper articles, though these lacked complete translations.
Conclusion
Final Determination:
The appeal is dismissed.
Reasoning:
The petitioner did not submit sufficient evidence to meet the initial criteria required for EB1 Extraordinary Ability classification. Although the petitioner met two criteria, the evidence did not demonstrate a major contribution in the field of taekwondo. Consequently, the petitioner failed to establish the level of expertise required for the classification sought.
Next Steps:
The petitioner may consider consulting with new legal counsel to explore any further options for appeal or other immigration benefits for which he may be eligible.
