Date of Decision: October 31, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Athletic Training, Martial Arts
Petitioner Information
Profession: Athlete-Trainer
Field: Athletic Training, Martial Arts
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- Advanced Degree Qualification: The petitioner provided evidence of holding a foreign equivalent of a U.S. bachelor’s degree in business administration, which qualifies him as a member of the professions holding an advanced degree. However, the petitioner did not provide sufficient evidence of the required five years of progressive post-baccalaureate experience in the specialty to establish eligibility for the EB-2 classification.
Criteria Not Met:
- National Importance: The petitioner failed to demonstrate that his proposed endeavor in athletic training and martial arts has national importance. The petitioner intended to operate a company focused on Brazilian Jiu Jitsu and personal fitness. While the Director and the Administrative Appeals Office (AAO) acknowledged the merit of the petitioner’s work, they found insufficient evidence to show that the proposed endeavor would significantly impact the U.S. economy or the martial arts industry on a national level. The petitioner’s endeavor was considered to benefit his business and clients rather than having a broader national impact.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to continue using his expertise in Brazilian Jiu Jitsu and athletics by operating his own company focused on Jiu Jitsu competitions and personal fitness. However, the AAO found that the petitioner did not provide sufficient evidence to demonstrate how this endeavor would extend beyond benefiting his company and clients to have a broader impact on the U.S. economy or athletic training industry on a national scale.
Substantial Merit and National Importance:
While the petitioner’s proposed endeavor has merit in the field of athletic training, the decision concluded that it did not meet the threshold for national importance. The AAO emphasized that the petitioner needed to demonstrate how his specific work in martial arts and athletic training would impact the U.S. economy or sports industry on a national scale, which was not sufficiently established.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
Given that the petitioner did not meet the national importance criterion, the AAO did not proceed to evaluate whether waiving the labor certification process would benefit the United States.
Supporting Evidence:
The petitioner provided letters of support, industry reports, and a professional plan. However, these were insufficient to establish the national importance of the proposed endeavor. The evidence focused on the petitioner’s qualifications and the general significance of martial arts and athletic training rather than demonstrating the specific impact of his work on a national scale.
Inconsistencies in Proposed Endeavor:
There were inconsistencies in the petitioner’s employment history and experience, particularly concerning the dates and nature of his claimed work experience. These inconsistencies weakened the overall credibility of the petition.
Supporting Documentation
Letters of Intent:
Not provided.
Business Plan:
Not provided or summarized in the decision.
Advisory Letter:
Included but focused primarily on the general significance of martial arts rather than the petitioner’s specific contributions.
Any Other Supporting Documentation:
Included industry reports and a professional plan, which were insufficient to meet the national importance requirement.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the criteria for demonstrating that his proposed work as an athlete-trainer would have a significant national impact. The evidence provided was insufficient to support claims of substantial merit and national importance, and the petitioner did not establish eligibility for the EB-2 classification.
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