remanded EB-1A Case: Kungfu

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: JUL. 31, 2024 In Re: 31507540 
Appeal of Nebraska Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (Extraordinary Ability) 
The Petitioner, a practitioner of Shaolin kungfu, seeks classification as an individual of extraordinary 
ability. Immigration and Nationality Act (the Act) section 203(b)(l)(A), 8 U.S.C. § 1153(b)(l)(A). This 
first preference classification makes immigrant visas available to those who can demonstrate their 
extraordinary ability through sustained national or international acclaim and whose achievements have 
been recognized in their field through extensive documentation. 
The Director of the Nebraska Service Center denied the petition, concluding the record did not 
establish that the Petitioner had satisfied at least three of ten initial evidentiary criteria, as required. 
The matter is now before us on appeal. 8 C.F.R. § 103.3. 
The Petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the evidence. 
Matter ofChawathe, 25 I&N Dec. 369, 375-76 (AAO 2010). We review the questions in this matter 
de novo. Matter of Christo 's, Inc., 26 l&N Dec. 537, 537 n.2 (AAO 2015). Upon de novo review, 
we will withdraw the Director's decision and remand this matter for the entry of a new decision 
consistent with the following analysis. 
I. LAW 
An individual is eligible for the extraordinary ability classification if they have extraordinary ability 
in the sciences, arts, education, business, or athletics which has been demonstrated by sustained 
national or international acclaim and their achievements have been recognized in the field through 
extensive documentation; they seek to enter the United States to continue work in the area of 
extraordinary ability; and their entry into the United States will substantially benefit prospectively the 
United States. Section 203(b )( I )(A) of the Act. 
The term "extraordinary ability" refers only to those individuals in "that small percentage who have 
risen to the very top of the field of endeavor." 8 C.F.R. § 204.5(h)(2). The implementing regulation 
at 8 C.F.R. § 204.5(h)(3) sets forth a multi-part analysis. First, a petitioner may demonstrate 
international recognition of their achievements in the field through a one-time achievement (that is, a 
major, internationally recognized award). Absent such an achievement, a petitioner must provide 
sufficient qualifying documentation demonstrating that they meet at least three of the ten criteria listed 
at 8 C.F.R. § 204.5(h)(3)(i)-(x). 
Where a petitioner meets these initial evidence requirements, we then consider the totality of the 
material provided in a final merits determination and assess whether the record shows sustained 
national or international acclaim and demonstrates that the individual is among the small percentage 
at the very top of the field of endeavor. See Kazarian v. USCIS, 596 F.3d 1115 (9th Cir. 2010) 
( discussing a two-part review where the documentation is first counted and then, if fulfilling the 
required number of criteria, considered in the context of a final merits determination); see also 
Visinscaia v. Beers, 4 F. Supp. 3d 126, 131-32 (D.D.C. 2013); Rijal v. USCIS, 772 F. Supp. 2d 1339 
(W.D. Wash. 2011). 
II. ANALYSIS 
The Petitioner is a Shaolin kungfu practitioner and instructor at the II a school he founded in China, as well as the founder of the 
which studies an ancient and specialized form of kungfu. The Petitioner also co-founded the 
___________ an international association promoting the continued teachings of 
Xinyiba wushu, or kungfu, throughout the world. The Petitioner intends to continue his work and to 
found schools to teach this form of kungfu in the United States. 
Because the Petitioner has not indicated or shown that he received a major, internationally recognized 
award, he must satisfy at least three of the alternate regulatory criteria at 8 C.F.R. § 204.5(h)(3)(i)­
(x). The Director determined that the Petitioner met two of the criteria he claimed to have satisfied: 
published material about him in professional or major trade publications or other major media and 
participation as a judge of the work of others in his field. See 8 C.F.R. § 204.5(h)(3)(iii) and (iv). The 
record supports that determination. However, the Director concluded the Petitioner did not establish 
that he meets the criteria at 8 C.F.R. § 204.5(h)(3)(ii), (v) and (viii). On appeal, the Petitioner asserts 
that he meets these criteria, and he contends that the Director erred in evaluating the submitted 
evidence. Upon review, we conclude that the Petitioner has met the criteria at 8 C.F.R. § 
204.5(h)(3)(ii). 
Documentation of the individuals membership in associations in the field for which 
classification is sought, which require outstanding achievements of their members, as 
judged by recognized national or international experts in their disciplines or fields. 8 
C.F.R. § 204.5(h)(3)(ii). 
The Petitioner submitted evidence of his membership in the International Wushu Association, which 
operates in cooperation with the Wushu Administrative Center of the General Administration of Sport 
of China, the government agency responsible for sports in mainland China. The association also 
operates under the provisions of the Olympic Charter. The association assigns ranks to wushu 
practitioners based on expertise. In denying the petition, the Director determined that the Petitioner 
had not provided the association's membership requirements, stating the following: 
The evidence submitted does not demonstrate that the association requires outstanding 
achievements as an essential condition of their members for admission as judged by 
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recognized national or international experts in their disciplines or fields. Furthermore, 
the evidence indicates that there are dues/fees. 
Upon review of the record, we disagree with the Director's determination. The submitted evidence 
reflects that the Petitioner is a member of the standing committee within the International Wushu 
Association requiring outstanding achievements of its members as judged by recognized national or 
international experts in the field. The provided evidence does not indicate that this level of 
membership in the association requires the payment of dues or fees to obtain or retain membership. 
The Petitioner initially submitted membership applications describing requirements on which the 
applicants would be assessed and information about the reviewing panel, including career descriptions 
and credentials as evidence of their expertise in the field of kungfu. The Petitioner also submitted 
evidence showing his membership rank is eighth within the Chinese Wushu Dan (Duan) Level System, 
which equates the seventh, eighth, and ninth dans as senior levels. The application for membership 
also lists requirements related to length of practice, knowledge and proficiency, awards, media 
coverage, teaching history, and active promotion of martial arts education. The application further 
lists an interview requirement and the following stipulation: 
The final review result of membership application depends on the situation. The 
admission rate will not exceed 5%; if the number of applicants is over l 000, the 
admission rate will be adjusted at no more than 3%. 
In addition, a manual submitted about the association further details membership requirements to be 
considered, such as whether an applicant has played "an irreplaceable or essential role in the heritance, 
conservation and development of a type of wushu that has been proved very rare and valuable," has 
"made great contributions to the education, communication or promotion of martial arts," has "a major 
social influence or reputation in the field of martial arts," or represents "the highest level of a certain 
genre of wushu." The manual also stipulates the following: 
To ensure professionalism of members, applicants who are commonly recognized as 
professional / outstanding in the field of martial arts may possess a higher possibility 
for acceptance to the International Wushu Association. The final result of a 
membership application will be subject to the consensus of the reviewing panel. 
Further, the Petitioner submitted evidence of his advanced membership in the association as part of 
the standing committee. The Petitioner provided evidence describing standing committee membership 
stating that, in addition to having acquired a senior dan level and interviewing with the association's 
president, vice presidents and secretary general, advanced membership "requires unique contributions 
to the field of martial arts." A plain reading of this language indicates that membership is not based 
solely on meeting specific criteria, but on having outstanding achievements as judged by recognized 
national or international experts in the field. Associations may have multiple levels of membership. 
The level of membership afforded to the person must show that in order to obtain that level of 
membership, recognized national or international experts judged the person as having attained 
outstanding achievements in the field for which classification is sought. 1 
1 See generally 6 USCIS Policy Manual F.2(B)(l), criterion 2, https://www.uscis.gov/policy-manual. 
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We conclude that the record includes sufficient evidence demonstrating that the Petitioner's 
membership in the International Wushu Association as a standing committee member, more likely 
than not, requires outstanding achievements as judged by recognized national or international experts 
in the field of kungfu. Therefore, the evidence of record meets the plain language of this criterion. 
III. CONCLUSION 
The 
Petitioner has met the requisite three of ten initial evidentiary criteria at 8 C.F.R. § 204.5(h)(3)(ii), 
(iii), and (iv). We therefore need not consider whether he met additional claimed criteria at 8 C.F.R. 
§ 204.5(h)(3)(v) or (viii). 
We will withdraw the Director's denial of the petition and remand the matter for further review and 
entry of a new decision. The Director may request any additional evidence considered pertinent to the 
new determination and any other issues. As such, we express no opinion regarding the ultimate 
resolution of this matter on remand. On remand, the Director should conduct a final merits review of 
the evidence of record. The new decision should include an analysis of the totality of the evidence 
evaluating whether the Petitioner has demonstrated, by a preponderance of the evidence, his sustained 
national or international acclaim, his status as one of the small percentage at the very top of his field 
of endeavor, and that his achievements have been recognized in the field through extensive 
documentation. See section 203(b )(1 )(A)(i) of the Act; 8 C.F.R. § 204.5(h)(2), (3); see also Kazarian, 
596 F.3d at 1119-20. 
ORDER: The Director's decision is withdrawn. The matter is remanded for the entry of a new 
decision consistent with the foregoing analysis. 
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