Date of Decision: January 28, 2022
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Professional Tennis Coach
Field: Tennis Coaching
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
Awards and Prizes Won: The petitioner provided evidence of the beneficiary’s national and international recognition through sustained acclaim in the tennis coaching field.
Published Materials About the Petitioner: Documentation included articles and publications highlighting the beneficiary’s achievements and contributions to tennis coaching.
Original Contributions of Major Significance: Evidence was submitted showcasing the beneficiary’s innovative coaching techniques and contributions to the advancement of tennis coaching.
Participation as a Judge: The beneficiary’s participation as a judge in significant tennis tournaments was documented.
Membership in Associations: The petitioner demonstrated the beneficiary’s membership in distinguished tennis coaching associations.
Authorship of Scholarly Articles: The beneficiary authored several scholarly articles on advanced tennis coaching techniques.
Criteria Not Met:
High Salary or Remuneration: The petitioner did not sufficiently demonstrate that the beneficiary’s salary was significantly higher than that of others in the field.
Key Points from the Decision
Awards and Prizes Won:
The evidence indicated that the beneficiary received recognition and awards at national and international levels, confirming his extraordinary ability in tennis coaching.
Published Materials About the Petitioner:
The petitioner included articles from reputable sources detailing the beneficiary’s professional journey, achievements, and impact on tennis coaching.
Original Contributions of Major Significance:
The beneficiary’s innovative coaching methods and contributions to tennis coaching were highlighted, establishing his major significance in the field.
Participation as a Judge:
Documentation of the beneficiary’s role as a judge in prominent tennis tournaments was provided, demonstrating his expert status and recognition in the field.
Membership in Associations:
The petitioner demonstrated that the beneficiary held memberships in several prestigious tennis coaching associations, reflecting his standing in the professional community.
Authorship of Scholarly Articles:
The beneficiary’s scholarly articles on tennis coaching were provided, showing his contributions to the knowledge base and advancement of the field.
Evidence of High Salary or Remuneration:
The petitioner failed to provide sufficient evidence to prove that the beneficiary’s salary was significantly higher than others in the field.
Commercial Successes in Performing Arts:
This criterion was not relevant or adequately supported by the evidence presented.
Supporting Documentation
- Awards Certificates: Detailed descriptions and copies of awards and certificates received by the beneficiary.
- Published Articles: Copies of articles and publications featuring the beneficiary.
- Contribution Evidence: Documentation of the beneficiary’s contributions to tennis coaching innovations.
- Judging Participation: Records of the beneficiary’s participation as a judge in tennis tournaments.
- Association Memberships: Proof of memberships in tennis coaching associations.
- Scholarly Articles: Copies of scholarly articles authored by the beneficiary.
Conclusion
Final Determination: Remanded
Reasoning: The Director’s decision was withdrawn due to insufficient explanation and analysis of the petitioner’s arguments. The case was remanded for further review and a new decision. The petitioner demonstrated substantial evidence for several criteria but lacked sufficient proof for others, such as high salary and commercial success.
Next Steps: The petitioner should prepare additional evidence to support the criteria that were not met, particularly focusing on demonstrating the beneficiary’s high salary and any commercial successes.
