Date of Decision: September 20, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Martial Arts
Petitioner Information
Profession: Martial Arts Instructor
Field: Martial Arts Instruction
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
- Substantial Merit and National Importance: The petitioner’s proposed endeavor of advancing martial arts instruction was acknowledged to have substantial merit and national importance due to its potential benefits for public health, discipline, and cultural education.
Criteria Not Met:
- Well-Positioned to Advance the Proposed Endeavor: The petitioner did not provide sufficient evidence to show he was well-positioned to advance his proposed endeavor. Although he submitted documentation of his qualifications and experience, it was not enough to demonstrate his capacity to significantly influence or advance the field of martial arts instruction.
- Beneficial to the United States to Waive the Requirements of the Labor Certification Process: The petitioner failed to show that, on balance, waiving the labor certification requirement would be beneficial to the United States. The evidence provided did not sufficiently demonstrate the national interest in his contributions.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to continue his work as a martial arts instructor, aiming to enhance public health, discipline, and cultural education through martial arts training.
Substantial Merit and National Importance:
The petitioner’s proposed endeavor was recognized for its substantial merit and national importance due to its potential to address issues related to public health, physical fitness, and cultural enrichment. Martial arts training can have broader implications for public health and discipline, which are disseminated through various instructional programs.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The petitioner argued that his work would contribute to the United States by promoting physical fitness, discipline, and cultural awareness. However, he did not provide sufficient evidence to support the claim that his contributions would justify waiving the labor certification process.
Supporting Evidence:
The petitioner submitted his curriculum vitae, qualifications, and letters of support. However, these documents did not adequately demonstrate his ability to significantly impact the field of martial arts instruction. The letters from colleagues and professionals praised his work but did not provide concrete examples of his training programs being widely implemented or having a substantial influence.
Inconsistencies in Proposed Endeavor:
The petitioner’s assertions about his influence and impact were not fully supported by the evidence provided. The documentation did not clearly show that his work had been widely adopted or recognized in the field of martial arts instruction.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not provided or summarized in the decision.
Advisory Letter:
Provided but not sufficiently detailed to support the claim of national importance.
Any Other Supporting Documentation:
Included letters from colleagues and professionals, which praised his work but did not adequately demonstrate his significant impact in the field.
Conclusion
Final Determination: The appeal was remanded.
Reasoning: The petitioner did not meet the criteria for demonstrating that he is well-positioned to advance his proposed endeavor or that waiving the labor certification requirement would be beneficial to the United States. The evidence provided was insufficient to support his claims of substantial impact and national importance.
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