Date of Decision: November 29, 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: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Original Contributions of Major Significance:
The petitioner demonstrated significant contributions to the field of professional baseball, including notable achievements and recognition by peers.
Criteria Not Met:
- Membership in Associations:
The petitioner failed to prove that membership in associations such as LIDOM and MLB required outstanding achievements of its members, or that he was individually selected based on such criteria. - Published Material About the Petitioner:
The petitioner did not provide sufficient evidence that articles and media mentions met the regulatory requirements, such as including author names and publication dates.
Key Points from the Decision
Awards and Prizes Won: (if applicable)
- Summary of findings: Not applicable
Published Materials About the Petitioner:
- Summary of findings:
The petitioner provided articles and Twitter screenshots, but many lacked authorship or dates. The materials did not sufficiently demonstrate major media coverage.
Original Contributions of Major Significance:
- Summary of findings:
The petitioner’s contributions to baseball were recognized, but the evidence was not deemed sufficient to meet the criteria.
Participation as a Judge: (if applicable)
- Summary of findings: Not applicable
Membership in Associations:
- Summary of findings:
The petitioner did not prove that the associations required outstanding achievements or that he was individually recognized based on such criteria.
Authorship of Scholarly Articles: (if applicable)
- Summary of findings: Not applicable
Leading or Critical Role Performed: (if applicable)
- Summary of findings: Not applicable
Artistic Exhibitions or Showcases: (if applicable)
- Summary of findings: Not applicable
Evidence of High Salary or Remuneration: (if applicable)
- Summary of findings: Not applicable
Commercial Successes in the Performing Arts: (if applicable)
- Summary of findings: Not applicable
Supporting Documentation
- Membership in Associations:
Information on LIDOM and MLB membership criteria and selection process for players. - Published Material:
Articles and Twitter screenshots mentioning the petitioner, lacking required elements such as authorship and dates. - Original Contributions:
Evidence of the petitioner’s achievements and contributions to the field of baseball.
Conclusion
Final Determination: The motion to reconsider was dismissed.
Reasoning:
The petitioner did not demonstrate errors in the application of law or policy in the prior decision, nor did he provide sufficient evidence to meet the required criteria.
Next Steps:
The petitioner should consider gathering more comprehensive evidence that clearly meets the regulatory criteria and addresses the deficiencies noted in this decision.
