Date of Decision: February 28, 2023
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Professional Tennis Player
Field: Tennis
Nationality: [Not specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor: The petitioner met this criterion by providing documentation of awards received in the field of professional tennis.
Criteria Not Met:
- Published material about the individual in professional or major media: The petitioner submitted articles from various websites, but they did not meet the required standards of being published in professional or major media. The materials lacked full contextual information, such as URL addresses, author details, and proof of the publication’s significance.
- High remuneration for services: The petitioner provided career prize money statistics from ATP Tour, but this did not sufficiently establish high remuneration in relation to others in the field. The comparison was limited to Chinese professional tennis players and did not extend to the broader field of professional tennis players globally.
Key Points from the Decision
Published Materials About the Petitioner:
- The petitioner submitted articles from ATP Tour and other websites, but they did not meet the criteria for being considered major media. The articles lacked sufficient contextual information to establish their significance.
High Remuneration for Services:
- The petitioner’s earnings from career prize money were compared to other Chinese professional tennis players. However, this comparison did not meet the criterion of demonstrating high remuneration in relation to the entire field of professional tennis players.
Supporting Documentation
- Awards and Prizes: Documentation of nationally or internationally recognized prizes in professional tennis.
- Published Articles: Articles from various websites, including ATP Tour, but lacking in required details.
- Remuneration Evidence: Career prize money statistics from ATP Tour.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning:
- The petitioner did not meet the initial evidentiary requirement of either receiving a major, internationally recognized award or meeting at least three of the ten lesser criteria.
- The articles submitted did not qualify as major media, and the remuneration evidence was insufficient as it was not compared to the entire field of professional tennis players.
- The petitioner did not demonstrate sustained national or international acclaim necessary for the classification sought.
Next Steps:
- It is recommended that the petitioner gathers more comprehensive evidence, ensuring it meets the criteria for major media publications and provides a broader comparison for remuneration. Further efforts should be made to document significant achievements and recognition in the field of tennis.
