Date of Decision: September 8, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Professional Soccer Coach
Field: Sports (Soccer Coaching)
Nationality: Venezuelan
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
- Membership in Associations: The Petitioner demonstrated membership in associations that require outstanding achievements as judged by recognized national or international experts.
- Participation as a Judge: The Petitioner provided evidence of his participation as a judge of the work of others in his field of expertise.
- Leading or Critical Role: The Petitioner held a leading or critical role within the Venezuelan Football Federation as the long-time head coach of the Venezuelan men’s national team. The evidence demonstrated that the Federation and the team enjoyed favorable media coverage and had a distinguished reputation.
Criteria Not Met:
- Published Materials About the Petitioner: The Director determined that the evidence did not satisfy the criterion related to published materials about the Petitioner as it did not demonstrate significant recognition in major media outlets.
Key Points from the Decision
Awards and Prizes Won:
- The Petitioner claimed nationally recognized awards, but these were not specifically detailed in the decision summary.
Published Materials About the Petitioner:
- The Petitioner was profiled by CNN Espanol and featured in a documentary about the Venezuelan national team. However, this was not enough to meet the criterion for published materials under the regulations.
Original Contributions of Major Significance:
- The evidence indicated contributions to soccer development projects and expertise shared at various conferences, yet this was not elaborated upon as meeting the criterion for original contributions.
Participation as a Judge:
- The Petitioner provided sufficient evidence of judging the work of others in his field, which was accepted.
Membership in Associations:
- The Petitioner’s memberships in associations requiring outstanding achievements were accepted.
Authorship of Scholarly Articles:
- Not applicable or not sufficiently demonstrated in the decision.
Leading or Critical Role Performed:
- The Petitioner served in a leading role for the Venezuelan Football Federation and the national team, which was recognized as having a distinguished reputation.
Artistic Exhibitions or Showcases:
- Not applicable.
Evidence of High Salary or Remuneration:
- The Petitioner claimed high salaries as a coach, but this was not specifically reviewed in the final determination.
Commercial Successes in the Performing Arts:
- Not applicable.
Supporting Documentation
- Membership in Associations: Evidence of membership in recognized soccer associations.
- Participation as a Judge: Documentation of participation in judging soccer competitions.
- Leading Role: Evidence supporting the leading role within the Venezuelan Football Federation and the national team.
- Media Coverage: Articles and profiles in various media outlets, including CNN Espanol and documentaries.
Conclusion
Final Determination: The case was remanded for a final merits determination. The Petitioner successfully demonstrated that he met at least three of the initial evidentiary criteria, thus overcoming the basis for the initial denial.
Reasoning:
- The evidence presented met the requirements for membership in associations, participation as a judge, and leading or critical role. However, further review is needed to assess whether the Petitioner has achieved sustained national or international acclaim and is among the top percentage in his field.
Next Steps:
- The Director will conduct a final merits determination considering all submitted evidence and issue a new decision.
