Date of Decision: June 21, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Professional Baseball Player
Field: Athletics
Nationality: [Nationality not specified in document]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Evidentiary Criteria Analysis
Criteria Met:
Awards: The petitioner received the 2019 MLB American League “Player of the Week” award as an outstanding player.
Published Material: The petitioner has been the subject of articles in major media, including ESPN.com, USA Today.com, and MLB.com.
Critical Role: The petitioner has performed a critical role as a starting outfielder for the [team not specified in the document] in Major League Baseball.
High Salary: The petitioner has commanded a high salary relative to other professional baseball players, with contracts showing salaries of $2,450,000 in 2022 and $3,550,000 in 2023.
Criteria Not Met:
Membership: The petitioner did not meet the membership criteria.
Key Points from the Decision
Awards and Prizes Won: The petitioner was recognized with the 2019 MLB American League “Player of the Week” award, highlighting his extraordinary ability in athletics.
Published Materials About the Petitioner: Articles featuring the petitioner appeared in reputable sports media outlets such as ESPN.com, USA Today.com, and MLB.com, further establishing his national and international acclaim.
Original Contributions of Major Significance: While not explicitly detailed in the document, the petitioner’s performance and recognition in professional baseball suggest significant contributions to his field.
Participation as a Judge: Not applicable.
Membership in Associations: The petitioner did not meet the criteria for membership in associations requiring outstanding achievements.
Authorship of Scholarly Articles: Not applicable.
Leading or Critical Role Performed: The petitioner’s role as a starting outfielder for a Major League Baseball team exemplifies his critical role in a distinguished organization.
Artistic Exhibitions or Showcases: Not applicable.
Evidence of High Salary or Remuneration: The petitioner’s high salary relative to peers in professional baseball supports his extraordinary ability and recognition in the field.
Commercial Successes in the Performing Arts: Not applicable.
Supporting Documentation
- 2019 MLB American League “Player of the Week” Award: Recognizes outstanding player performance.
- Articles in Major Media: Coverage by ESPN.com, USA Today.com, and MLB.com showcasing the petitioner’s achievements.
- MLB Player Contracts: Demonstrates the petitioner’s high salary, with detailed figures for 2022 and 2023.
- Letters of Support: Endorsements from recognized figures in the field, including a top sports agent, affirming the petitioner’s exceptional skills and impact in professional baseball.
Conclusion
Final Determination: The appeal is sustained, and the petitioner qualifies for classification as an individual of extraordinary ability. The decision highlights the petitioner’s sustained national acclaim, recognition through extensive documentation, and intent to continue working in the field of extraordinary ability.
Reasoning: The petitioner’s achievements, including awards, media recognition, critical role in Major League Baseball, and high salary, collectively demonstrate his extraordinary ability in athletics. The evidence supports that the petitioner is among the small percentage at the top of his field.
Next Steps: The petitioner should continue to gather and document further achievements to maintain and enhance his recognition in the field of professional baseball.
