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: [Not provided in the document]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Lesser Recognized Prizes or Awards: The Petitioner provided evidence indicating that she won gold medals in various championships, including the 2001 [Championship Name] and the [Championship Name] in 2003, 2004, 2005, and 2009. This demonstrates that the Petitioner meets the criterion under 8 C.F.R. § 204.5(h)(3)(i).
Published Materials About the Petitioner: The Petitioner submitted published material about her in professional publications, such as Taekwondo Flash, the official publication of the [Association Name]. This meets the criterion under 8 C.F.R. § 204.5(h)(3)(iii).
Criteria Not Met:
Major International Award: The Petitioner claimed to have received a major, internationally recognized award, such as a medal from the [Event Name]. However, the provided certificates were for participation and a fifth-place ranking, which do not constitute a major award. Thus, this criterion under 8 C.F.R. § 204.5(h)(3) was not met.
Membership in Associations: The Petitioner claimed membership in associations such as the [Association Name], which purportedly require outstanding achievements. However, the evidence did not demonstrate that these memberships required such achievements as judged by recognized experts. This criterion under 8 C.F.R. § 204.5(h)(3)(ii) was not met.
Leading or Critical Role: The Petitioner asserted that she played a leading role by representing the Philippines in international competitions. However, there was no evidence of specific duties or contributions that demonstrated her leadership or critical role in the organization or the country’s activities. This criterion under 8 C.F.R. § 204.5(h)(3)(viii) was not met.
Key Points from the Decision
Awards and Prizes Won:
Findings: The Petitioner’s medals and awards from various championships met the criterion for lesser recognized prizes or awards but did not qualify as major, internationally recognized awards.
Published Materials About the Petitioner:
Findings: The Petitioner met this criterion by providing evidence of published material about her in professional publications.
Original Contributions of Major Significance:
Findings: Not applicable in this case.
Participation as a Judge:
Findings: Not applicable in this case.
Membership in Associations:
Findings: The Petitioner’s membership did not meet the criterion as it did not require outstanding achievements judged by recognized experts.
Authorship of Scholarly Articles:
Findings: Not applicable in this case.
Leading or Critical Role Performed:
Findings: The Petitioner’s role in representing the Philippines did not demonstrate specific duties or contributions that indicated a leadership or critical role.
Artistic Exhibitions or Showcases:
Findings: Not applicable in this case.
Evidence of High Salary or Remuneration:
Findings: Not applicable in this case.
Commercial Successes in the Performing Arts:
Findings: Not applicable in this case.
Supporting Documentation
Articles and Reviews: Various articles and reviews about the Petitioner’s achievements in taekwondo.
Recommendation Letters: Letters from colleagues and experts supporting the significance of the Petitioner’s contributions to the field of taekwondo.
Conclusion
Final Determination: Appeal Dismissed
Reasoning:
The Petitioner did not meet the required initial evidence of either a one-time major achievement or at least three of the ten criteria for extraordinary ability. While the Petitioner met two of the ten criteria, the totality of the evidence did not establish sustained national or international acclaim or demonstrate that the Petitioner is among the small percentage at the very top of her field.
Next Steps:
The Petitioner may consider gathering more robust evidence of her contributions’ significance and potentially reapplying if additional substantial evidence can be presented. Consulting with an immigration attorney for further guidance and preparation may also be beneficial.
