Date of Decision: March 07, 2022
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Soccer Athlete and Coach
Field: Soccer Coaching and Athletics
Nationality: [Not specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
None: The petitioner did not meet any of the evidentiary criteria.
Criteria Not Met:
Membership in Associations:
The petitioner claimed membership based on coaching certifications from The Football Association (FA) and the Union of European Football Associations (UEFA). However, he did not provide sufficient evidence that the membership requires outstanding achievements judged by recognized experts.
Participation as a Judge:
The petitioner failed to provide evidence of judging others’ work in soccer, despite claiming that his coaching certifications allowed such participation.
Display of Work in Artistic Exhibitions or Showcases:
The petitioner did not provide specific details or evidence of his work being displayed at artistic exhibitions or showcases.
Original Contributions of Major Significance:
The petitioner did not renew his claim on appeal regarding original contributions.
Key Points from the Decision
Awards and Prizes Won:
The petitioner presented certificates for youth coaching programs and the FA B Coaching License, arguing they were major internationally recognized awards. However, the decision noted these certifications are not considered one-time achievements as they do not meet the high standards of major international awards like the Nobel Prize.
Membership in Associations:
The petitioner did not provide documentation proving the FA’s membership requirements involve outstanding achievements judged by experts.
Participation as a Judge:
No evidence was submitted to demonstrate the petitioner judged the work of others in soccer.
Artistic Exhibitions or Showcases:
The petitioner did not specify or provide evidence of any exhibitions or showcases.
Other Criteria:
The petitioner did not claim or provide evidence for other criteria such as scholarly articles, high salary, leading role, or commercial success.
Supporting Documentation
- Certificates from The Football Association: Presented as evidence of a major award but deemed insufficient.
- Reference Letters: Submitted on appeal but not considered due to procedural rules.
- Bachelor’s Degree Diploma: Submitted on appeal but not considered.
Conclusion
Final Determination: Appeal Dismissed
Reasoning:
The petitioner did not meet the initial evidentiary requirements of the EB1 classification by failing to provide documentation for at least three criteria. The evidence presented did not establish sustained national or international acclaim. Therefore, the petitioner does not qualify for classification as an individual of extraordinary ability.
Next Steps:
The petitioner may file a new petition if seeking a different classification such as a national interest waiver under the E21 category.
