Date of Decision: June 2, 2015
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Jai Alai Player
Field: Athletics
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Documentation of the alien’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor:
The petitioner provided several documents indicating participation in and winning of various tournaments. However, the translations did not meet regulatory requirements, diminishing their evidentiary value.
Criteria Not Met:
Published material about the alien in professional or major trade publications or other major media, relating to the alien’s work in the field for which classification is sought:
The petitioner submitted materials primarily focusing on tournaments rather than on the petitioner. Additionally, the translations of these materials were incomplete or did not comply with regulatory requirements.
Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field:
The petitioner provided W-2 forms and employment contracts indicating earnings. However, the salary data was compared to athletes in general and did not specifically pertain to Jai Alai players.
Key Points from the Decision
Awards and Prizes Won:
The petitioner submitted several certificates and letters indicating various championships won. However, due to non-compliant translations, these documents were given diminished weight.
Published Materials About the Petitioner:
Most materials submitted were about tournaments rather than the petitioner himself, with incomplete translations further diminishing their value.
Evidence of High Salary or Remuneration:
The petitioner’s salary, though higher than the average for Jai Alai players in Florida, was not convincingly shown to be significantly high in relation to others in the same field nationally or internationally.
Supporting Documentation
Certificates and Letters:
- Various certificates indicating championship wins.
- Letters from tournament organizers and club presidents.
Published Articles:
- Articles mentioning the petitioner’s participation in tournaments, though primarily focused on the events.
Salary Documentation:
- W-2 forms from the IRS.
- Employment contracts showing salary details.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The petitioner failed to meet the initial evidence requirements, with translations not meeting regulatory standards and insufficient evidence to show sustained national or international acclaim.
Next Steps: Consider submitting compliant translations and additional evidence or filing a motion to reconsider or reopen the proceeding using Form I-290B.
Download the Full Petition Review Here.
