Date of Decision: October 30, 2018
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Taekwondo Athlete
Field: Athletics
Nationality: Philippines
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Awards: The petitioner demonstrated receipt of gold medals in various national and international competitions, which met the criterion for lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor.
Published Material: The petitioner provided evidence of published material about her in professional publications, such as “Taekwondo Flash,” which met the criterion for published material about the alien in professional or major trade publications or other major media.
Criteria Not Met:
Major International Award: The petitioner did not establish receipt of a major, internationally recognized award. Certificates of participation and fifth-place rankings were not considered sufficient.
Membership: The petitioner claimed membership in several associations but did not provide evidence that these memberships required outstanding achievements as judged by recognized national or international experts.
Leading or Critical Role: The petitioner did not demonstrate that her roles in the national team or other organizations were leading or critical, as required by the criterion.
Key Points from the Decision
Awards and Prizes Won:
The petitioner won several gold medals, including in the [specific competitions and years mentioned in the decision], which established her receipt of lesser recognized prizes for excellence.
Published Materials About the Petitioner:
Publications like “Taekwondo Flash” documented her achievements, which met the criterion for published material about her work.
Original Contributions of Major Significance:
Not specifically mentioned or evidenced in the decision.
Participation as a Judge:
Not specifically mentioned or evidenced in the decision.
Membership in Associations:
The petitioner’s memberships were not recognized as fulfilling the criterion due to lack of evidence on the requirements for outstanding achievements.
Authorship of Scholarly Articles:
Not specifically mentioned or evidenced in the decision.
Leading or Critical Role Performed:
The petitioner’s role in the national team was acknowledged but not deemed to meet the criterion for leading or critical roles.
Artistic Exhibitions or Showcases:
Not applicable.
Evidence of High Salary or Remuneration:
Not specifically mentioned or evidenced in the decision.
Commercial Successes in the Performing Arts:
Not applicable.
Supporting Documentation
Certificates of participation and awards in various taekwondo competitions.
The petitioner provided:
Articles and published material from professional publications about her achievements.
Membership certificates and endorsements, though these did not meet the evidentiary requirements for membership criteria.
Conclusion
Final Determination:
The appeal was dismissed as the petitioner did not meet the initial evidence requirements for an individual of extraordinary ability, either through a major international award or by fulfilling at least three of the ten criteria listed under 8 C.F.R. § 204.5(h)(3).
Reasoning:
The petitioner’s documentation did not establish that she met the criteria for extraordinary ability. Specifically, she did not provide evidence of a major international award or sufficient evidence of membership in associations requiring outstanding achievements. Her roles and contributions were also not evidenced to be leading or critical within her field.
Next Steps:
The petitioner may consider gathering more robust evidence that meets the stringent criteria for the EB1 Extraordinary Ability classification or explore alternative immigration pathways that align more closely with her documented achievements.
