Date of Decision: March 9, 2023
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Professional Baseball Player
Field: Athletics
Nationality: Dominican Republic
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Lesser prizes or awards: The petitioner received nationally recognized awards.
- High salary or remuneration: The petitioner demonstrated he commanded a high salary relative to other professional baseball players in the Dominican Republic.
Criteria Not Met:
- Published material about him and his work: The articles submitted did not consistently meet the regulatory requirements of including the title, date, and author. Additionally, many articles were about the team rather than the petitioner specifically.
- Membership in associations: The petitioner did not demonstrate that his membership in associations required outstanding achievements judged by recognized national or international experts.
Key Points from the Decision
Awards and Prizes Won:
The petitioner satisfied the criterion for lesser nationally or internationally recognized awards or prizes, having received nationally recognized awards.
Published Materials About the Petitioner:
The petitioner did not meet this criterion as the articles lacked necessary details such as the author and date, and many focused on the team rather than the petitioner.
Original Contributions of Major Significance:
Not applicable in this case.
Participation as a Judge:
Not applicable in this case.
Membership in Associations:
The petitioner did not demonstrate that his memberships required outstanding achievements judged by experts.
Authorship of Scholarly Articles:
Not applicable in this case.
Leading or Critical Role Performed:
Not applicable in this case.
Artistic Exhibitions or Showcases:
Not applicable in this case.
Evidence of High Salary or Remuneration:
The petitioner demonstrated he commanded a high salary relative to others in his field in the Dominican Republic.
Commercial Successes in the Performing Arts:
Not applicable in this case.
Supporting Documentation
- Letters and Articles: Provided evidence of nationally recognized awards and salary comparisons.
- Media Coverage: Included articles and social media posts, many of which did not meet all the regulatory requirements.
- Membership Information: Included letters from associations and informational materials, which were insufficient to meet the criterion.
Conclusion
Final Determination: The appeal was dismissed, and the petition was denied.
Reasoning: The petitioner did not meet the required initial evidentiary criteria and failed to demonstrate sustained national or international acclaim necessary for the classification sought.
Next Steps: The petitioner may consider gathering additional, more robust evidence to meet the criteria or explore other visa options.
