Date of Decision: August 11, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Taekwondo
Petitioner Information
Profession: Taekwondo Athlete and Coach
Field: Taekwondo
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
- License to Practice the Profession: The petitioner holds the necessary licenses to practice as a taekwondo coach.
Criteria Not Met:
- Ten Years of Full-Time Experience: The petitioner did not provide consistent documentation of ten years of full-time experience.
- Membership in Professional Associations: The petitioner did not establish that the organizations he belonged to qualify as professional associations.
- Recognition for Achievements: The petitioner did not provide specific evidence of recognition for achievements and significant contributions to the field of taekwondo.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to continue his career as a taekwondo athlete and coach in the United States, aiming to promote the sport and train the next generation of exceptional athletes. He is a current member of USA Taekwondo and plans to engage in his sport as both a competitor and a coach.
Substantial Merit and National Importance:
The petitioner’s work as a taekwondo athlete and coach has substantial merit. However, the Director concluded that the petitioner did not demonstrate the national importance of his proposed endeavor. The evidence provided did not show that his work would significantly impact the broader U.S. sports or educational fields at a national level.
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 promote the sport of taekwondo and train future athletes. However, the Director found insufficient evidence to support these claims. The proposed work did not show substantial potential to employ U.S. workers or provide notable economic benefits that would justify waiving the labor certification process.
Supporting Evidence:
The petitioner submitted various documents, including academic records, letters of support, and descriptions of his achievements. However, these documents did not sufficiently demonstrate that his specific endeavor would have a significant national impact.
Inconsistencies in Proposed Endeavor:
The petitioner’s statements about the broader impact of his work were not supported by sufficient evidence to demonstrate its national importance. Additionally, there were inconsistencies in the petitioner’s documentation of his experience and contributions to the field.
Supporting Documentation
Letters of Intent:
Not applicable.
Business Plan:
Not provided or summarized in the decision.
Advisory Letter:
Letters from colleagues and industry professionals supported the petitioner’s skills but did not provide specific examples of his impact on the industry.
Any Other Supporting Documentation:
The petitioner provided letters from clients and an expert opinion letter, but these did not adequately demonstrate recognition for significant contributions to the field.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The petitioner did not meet the criteria for demonstrating exceptional ability or the national importance of his proposed endeavor and did not provide sufficient justification for waiving the labor certification process. The proposed work was deemed to have limited impact beyond his direct coaching and competitive activities.
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