Date of Decision: December 22, 2017
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Taekwondo Athlete
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 documented his receipt of international championship medals in Belarus and Bulgaria, satisfying this criterion under 8 C.F.R. § 204.5(h)(3)(i).
Criteria Not Met:
Membership in Associations: The petitioner provided a letter of appointment from an association, but did not include supporting documentation showing that membership required outstanding achievements judged by recognized experts, failing to meet the criterion under 8 C.F.R. § 204.5(h)(3)(ii).
Published Material: The petitioner submitted several articles discussing his achievements, but did not demonstrate that these articles appeared in professional or major trade publications, or other major media, failing to meet the criterion under 8 C.F.R. § 204.5(h)(3)(iii).
Judging the Work of Others: The petitioner submitted certificates for refereeing youth competitions, but did not provide sufficient evidence to establish his duties as a judge at these competitions. Additionally, the refereeing activities were limited to youth matches, not adult participants, failing to meet the criterion under 8 C.F.R. § 204.5(h)(3)(iv).
Display of Work: The petitioner claimed that his participation in various taekwondo competitions constituted the display of his work, but did not establish that these were artistic exhibitions or showcases, failing to meet the criterion under 8 C.F.R. § 204.5(h)(3)(vii).
Key Points from the Decision
Awards and Prizes Won:
The petitioner documented his receipt of gold and bronze medals at international championships, which are recognized nationally and internationally for excellence, meeting this criterion.
Published Materials About the Petitioner:
The petitioner provided articles related to his achievements, but did not demonstrate that these articles were published in major media or professional publications.
Original Contributions of Major Significance:
The petitioner did not provide sufficient evidence to demonstrate original contributions of major significance in the field of taekwondo. The claimed contributions were future contributions, not realized ones.
Participation as a Judge:
The petitioner submitted certificates for refereeing youth competitions, but did not provide sufficient evidence to establish his duties as a judge at these competitions.
Membership in Associations:
The petitioner did not provide sufficient evidence to show that his membership in an association required outstanding achievements judged by recognized experts.
Authorship of Scholarly Articles:
Not applicable in this case.
Leading or Critical Role Performed:
The petitioner did not demonstrate that he performed in a leading or critical role for organizations with a distinguished reputation.
Artistic Exhibitions or Showcases:
The petitioner’s evidence did not detail the exhibits or his role sufficiently to meet this criterion.
Evidence of High Salary or Remuneration:
Not applicable in this case.
Commercial Successes in the Performing Arts:
Not applicable in this case.
Supporting Documentation
- Certificates and Awards: Documentation of the petitioner’s receipt of international championship medals.
- Articles and Publications: Various articles featuring the petitioner’s achievements, but not demonstrated to be in major media or professional publications.
- Letters of Support: Letters from colleagues and supervisors, but lacking specific examples of significant impact.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the required criteria for EB-1 classification. Despite notable achievements, the petitioner did not establish the level of extraordinary ability required. The evidence provided did not demonstrate original contributions of major significance or a leading or critical role in organizations with a distinguished reputation.
Next Steps: The petitioner should consider reapplying with additional evidence or exploring other visa categories that may better suit his qualifications and achievements.
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