Date of Decision: OCT. 1, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Martial Arts Instructor
Field: Martial Arts (including kung fu, wushu, karate, and tai chi)
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Criterion: Participation as a Judge
Description: The Petitioner participated as a judge in several martial arts competitions, including the I I Open Championship and the 2016 I I Martial Arts Championship. The evidence submitted includes invitation letters, certificates, and letters confirming his role as a judge.
Criteria Not Met:
Criterion: Nationally or Internationally Recognized Prizes or Awards
Description: The Petitioner did not provide sufficient evidence that his awards, such as the gold medal at the 2017 D I Martial Arts Championship, were nationally or internationally recognized.
Criterion: Membership in Associations
Description: The Petitioner did not show that his membership in associations like the WUMA Kung Fu Association and the Goju-Kai Karate Association was based on outstanding achievements judged by recognized national or international experts.
Criterion: Published Material About the Petitioner
Description: The Petitioner submitted articles that mentioned his involvement in various events, but none were specifically about him. Additionally, the articles did not identify the authors or prove that the publications were major media.
Key Points from the Decision
Awards and Prizes Won:
The Petitioner claimed to have won a gold medal at the 2017 D I Martial Arts Championship. However, the documentation provided did not sufficiently demonstrate that the award was nationally or internationally recognized.
Published Materials About the Petitioner:
The Petitioner submitted 24 articles from various newspapers, but none were solely about him. The articles mainly mentioned his participation in events or his students’ achievements.
Original Contributions of Major Significance:
No evidence was provided to support this criterion.
Participation as a Judge:
The Petitioner served as a judge in several martial arts competitions, which was sufficiently corroborated by invitation letters, certificates, and letters from event organizers.
Membership in Associations:
The Petitioner provided evidence of his membership in several martial arts associations, but did not demonstrate that these memberships required outstanding achievements judged by recognized experts.
Authorship of Scholarly Articles:
No evidence was provided to support this criterion.
Leading or Critical Role Performed:
No evidence was provided to support this criterion.
Artistic Exhibitions or Showcases:
No evidence was provided to support this criterion.
Evidence of High Salary or Remuneration:
No evidence was provided to support this criterion.
Commercial Successes in the Performing Arts:
No evidence was provided to support this criterion.
Supporting Documentation
- Gold Medal at 2017 D I Martial Arts Championship: Photograph and letters from his employer and the Rotary Club.
- Membership Certificates: Documents from the WUMA Kung Fu Association, Goju-Kai Karate Association, and others.
- Published Articles: 24 newspaper articles mentioning the Petitioner’s participation in events.
- Judging Roles: Invitation letters, certificates, and letters from martial arts competitions confirming his role as a judge.
Conclusion
Final Determination: The appeal was dismissed, and the Petitioner did not qualify for the EB-1 Extraordinary Ability classification.
Reasoning: The Petitioner did not meet the initial evidence requirements or demonstrate sustained national or international acclaim necessary for the EB-1 classification.
Next Steps: The Petitioner may consider gathering more substantial evidence or pursuing alternative immigration options.
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