Date of Decision: November 20, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1 Extraordinary Ability
Petitioner Information
Profession: Golfer
Field: Professional Golf and Athletic Endorsements
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Withdrawn and remanded for further determination
Evidentiary Criteria Analysis
The petitioner sought to demonstrate eligibility under 8 C.F.R. § 204.5(h)(3) by satisfying at least three of the ten regulatory criteria. Upon review, the Administrative Appeals Office (AAO) determined that the petitioner met three criteria, leading to the withdrawal of the Director’s decision and remanding for a final merits determination.
Criteria Met:
- Nationally or Internationally Recognized Awards:
- The petitioner provided evidence of awards from nationally recognized tournaments, including placing in the PGA Tour Americas and PGA Tour Canada events, satisfying this criterion.
- Published Material About the Petitioner:
- The petitioner submitted articles from professional and trade publications, which adequately documented his professional career and achievements in golf.
- Membership in Associations Requiring Outstanding Achievements:
- The petitioner demonstrated membership in professional associations such as the PGA Tour Americas, which requires outstanding achievements as evidenced by qualifying rankings and exceptional skill levels.
Criteria Not Met:
- Leading or Critical Role for Distinguished Organizations:
- While the petitioner served as a sponsored athlete for various companies, the evidence did not demonstrate that his role was critical or significantly contributed to the success of these organizations.
Key Points from the Decision
Sponsorship Evidence:
- Letters of support and sponsorship contracts did not establish the petitioner’s role as critical to the success of the organizations.
Membership Evidence:
- Membership in the PGA Tour Americas required significant achievements in competitive tournaments, which the petitioner adequately demonstrated.
Final Merits Determination:
- The AAO remanded the case to the Director for a comprehensive final merits determination to assess sustained national or international acclaim and whether the petitioner ranks among the small percentage at the very top of the field.
Supporting Documentation
Award Evidence: Tournament placements and recognitions.
Published Material Evidence: Articles and media coverage in professional golf publications.
Membership Evidence: Documentation of qualifying achievements for PGA Tour Americas.
Conclusion
Final Determination: The Director’s decision was withdrawn, and the matter was remanded for further evaluation.
Reasoning:
The petitioner demonstrated eligibility by meeting three regulatory criteria under 8 C.F.R. § 204.5(h)(3). The Director must now conduct a final merits determination.
