The Petitioner, a karate athlete and coach, requests classification under the employment-based, firstpreference immigrant visa category as an alien with "extraordinary ability." See Immigration and Nationality Act (the Act) section 203(b)(l)(A), 8 U.S.C. § l 153(b)(l)(A). Petitioners for U.S. permanent residence in this category must demonstrate "sustained national and international acclaim" and extensively document recognition of their achievements in their fields. Section 203(b )(1 )(A)(i) of the Act.
The Director of the Texas Service Center denied the petition. The Director concluded that the Petitioner met two of the requested category' s ten initial evidentiary requirements - one less than needed for a final merits determination. On appeal, the Petitioner contends that he also met three other evidentiary criteria.
The Petitioner bears the burden of demonstrating his eligibility for the requested benefit by a preponderance of the evidence. Matter of Chawathe, 25 I&N Dec. 369, 375-76 (AAO 2010).
Exercising de novo appellate review, see Matter of Christo 's, Inc., 26 I&N Dec. 537, 537 n.2 (AAO 2015), we conclude that he met a third evidentiary requirement by submitting documentation of his membership in associations in the field requiring outstanding achievements of their members. We will therefore withdraw the Director's decision and remand the matter for a final merits determination and entry of a new decision consistent with the following analysis.
Law
To qualify for this immigrant visa category, a petitioner must demonstrate that they:
- Have "extraordinary ability in the sciences, arts, education, business, or athletics;"
- Seek to continue work in their field of expertise in the United States; and
- Through their work, would substantially benefit the country.
Section 203(b )( 1 )(A)(i)-(iii) of the Act.
The term "extraordinary ability" means expertise commensurate with "one of that small percentage who have risen to the very top of the field of endeavor." 8 C.F.R. § 204.5(h)(2). Unless a petitioner received "a major, international recognized award," they must satisfy at least three of ten lesser evidentiary criteria. 8 C.F.R. § 204.5(h)(3). 1
If a petitioner meets either evidentiary standard and the requirements at section 203(b )(1 )(A)(ii), (iii) of the Act, USCIS must then make a final merits determination. To merit approval, the record- as a whole - must establish a beneficiary's "sustained national or international acclaim" and recognized achievements placing them among the small percentage at their field's very top. See Amin v. Mayorkas, 24 F.4th 383, 391 (5th Cir. 2022) (finding USCIS' two-step extraordinary ability analysis "consistent with the governing statute and regulation"); see generally 6 USCIS Policy Manual F.2(B), www.uscis.gov/policy-manual.
Analysis
A. The Beneficiary and His Field
The record shows that the Petitioner, an Uzbek native and citizen, has practiced karate since he was 8 years old. As an adult, he participated in national and international karate competitions for about 15 years, winning several awards, certificates, and prizes. He has also served in karate competitions as a judge and, since 2019, has focused on coaching the sport.
Now in the United States, the Petitioner states his intent to continue working in the karate field as an athlete, trainer, and mentor.
The record does not indicate - nor does the Petitioner claim - his receipt of a major internationally recognized award. He must therefore meet at least three of the ten evidentiary criteria at 8 C.F.R. § 204.5(h)(3)(i-x).
The record supports the Director's findings that the Petitioner submitted evidence of his:
- Receipt of lesser nationally or internationally recognized awards for excellence in his field; and
- Participation as a judge of others' work in the field.
See 8 C.F.R. § 204.5(h)(3)(i), (iv). 2
On appeal, the Petitioner claims that he also submitted evidence of his:
- Membership in associations in the field requiring outstanding achievements of their members; 1 If an evidentiary criterion does not "readily apply" to a beneficiary's occupation, a petitioner may submit "comparable evidence" to establish eligibility. 8 C.F.R. § 204.5(h)(4).
- Appearance in publications about him and his work in the field; and
- Original contributions of major significance in the field.
8 C.F.R. § 204.5(h)(3)(ii), (iii), (v).
To meet the additional evidentiary requirements the Petitioner claims, his evidence must objectively meet the parameters of the applicable regulatory descriptions. See generally 6 USCJS Policy Manual F.2(B).
B. The Evidentiary Criteria
1. Membership in Associations
This criterion requires "[ d]ocumentation of the alien's 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 Uzbek national and regional karate federations. The Director found that, contrary to 8 C.F.R. § 204.5(h)(3)(ii), the Beneficiary's materials do not establish that the federations require outstanding achievements oftheir members. The Director wrote that "association bylaws do not state [that the federations] require outstanding achievements as a condition of membership."
On appeal, the Petitioner points to copies of regulations that he submitted from the regional karate federation. He contends that the regulations "outline highly selective membership processes based on significant achievements, such as national and international competitive success and broader contributions to the sport." The federation regulations state that "[a]pplicants for membership must demonstrate significant achievement in national and international competition. This includes winning medals and prizes, as well as participating in prestigious tournaments."
Because the regulations require members to demonstrate "significant achievement in national and international competition," including "winning medals and prizes," the record indicates that the karate federation requires outstanding achievements of its members. The Director did not address whether the Petitioner submitted evidence that recognized national or international experts in their fields judge the associations' members. But the federation regulations also indicate that a three-person panel judges membership applicants and that panel members consist of"recognized national or international experts in the field of karate" who have "a high level of achievement in the field ..., including significant athletic performance, coaching experience and contributions to the development of karate at the national or international level."
The Petitioner has submitted evidence of his membership in associations in the field requiring outstanding achievements of their members as judged by recognized national or international experts. We will therefore withdraw the Director's contrary finding.
2. Other Claimed Criteria
The Petitioner has met the requisite three initial evidentiary requirements. See 8 C.F.R. § 204.5(h)(3). We therefore need not reach and hereby reserve consideration of his additional appellate arguments regarding published material about himself and his purported original contributions of major significance in his field. See INS v. Bagamasbad, 429 U.S. 24, 25 (1976) (per curiam) (holding that agencies need not make "purely advisory findings" on issues unnecessary to their ultimate decisions). C. Final Merits Determination
USCIS must now make a final merits determination on the Petitioner's claimed extraordinary ability in his field. The Director did not make this finding. Rather than decide the issue in the first instance, we will remand the matter.
On remand, the Director must determine whether the Petitioner has sustained national or international acclaim and his achievements have been sufficiently recognized in the field to identify him as one of that small percentage who has risen to the field's very top. See generalZv 6 USCIS Policy Manual F.2(8)(2). The Director should consider any potentially relevant evidence of record, even if it does not fit one ofthe regulatory criteria. Id. The Petitioner bears the burden of explaining the significance of his submitted evidence and how it demonstrates sustained national or international acclaim and recognition of his achievements in the field. Id. The petition's approval or denial should depend on the evidence's type and quality. Id.
Conclusion
The Petitioner submitted evidence ofhis membership in associations in the field requiring outstanding achievements of their members as judged by nationally or internationally recognized experts. USCIS must now make a final merits determination.
ORDER: The Director's decision is withdrawn. The matter is remanded for entry of a new decision consistent with the foregoing analysis.