Date of Decision: AUG. 26, 2016
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Golfer
Field: Athletics
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Lesser nationally or internationally recognized prizes or awards for excellence: The petitioner provided evidence of receiving both a silver medal and a bronze medal from a tournament held in Canada.
Published material about the petitioner in professional or major trade publications or other major media: The petitioner submitted evidence of news coverage about his performance in several tournaments, published on websites like [specific sites not mentioned].
Criteria Not Met:
Membership in associations in the field requiring outstanding achievements: The petitioner did not demonstrate that the associations (the developmental tours) require outstanding achievements for membership.
High salary or other significantly high remuneration: The petitioner’s income was not demonstrated to be significantly high in comparison to other professional golfers, as the provided remuneration did not meet the high remuneration criterion in the field of professional golf.
Key Points from the Decision
Awards and Prizes Won:
The petitioner received a silver medal and a bronze medal in a Canadian tournament, which were recognized as lesser internationally recognized prizes.
Published Materials About the Petitioner:
The petitioner provided evidence of media coverage about his golfing performance in several tournaments, which was accepted as meeting this criterion.
Membership in Associations:
The petitioner was unable to demonstrate that his memberships required outstanding achievements, as the developmental tours did not have prerequisites that meet this standard.
Evidence of High Salary or Remuneration:
The petitioner’s income, including a $25,000 sponsorship contract and IRS tax returns for 2013 and 2014, did not demonstrate significantly high remuneration compared to other professional golfers.
Supporting Documentation
- Silver Medal and Bronze Medal from Canada: Detailed the awards received.
- Media Coverage: Articles from various websites documenting the petitioner’s performance.
- Membership Letters: Letters from presidents and directors of associations, which did not satisfy the outstanding achievements requirement.
- Sponsorship Contract and Tax Returns: Provided financial evidence which did not meet the high remuneration criterion.
Conclusion
Final Determination: Appeal Dismissed
Reasoning: The petitioner did not meet the necessary criteria for classification as an individual of extraordinary ability, failing to demonstrate the required level of expertise and sustained acclaim.
Next Steps: The petitioner may consider gathering more substantial evidence or addressing the noted deficiencies for future petitions.
