Date of Decision: May 17, 2023
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Soccer Coach
Field: Athletics
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Leading or Critical Role:
The beneficiary’s performance in a leading or critical role in an organization with a distinguished reputation was recognized. Evidence included the Petitioner’s informational materials listing the Beneficiary’s position as “Head of Futures Elites” players and articles and letters discussing his roles as head coach of notable football clubs.
Criteria Not Met:
- Membership in Associations:
The Petitioner failed to establish that the Beneficiary’s memberships, such as in the Technical Football Commission or obtaining the UEFA A Coaching License, required outstanding achievements judged by recognized experts. - Participation as a Judge:
The Petitioner could not prove that the Beneficiary participated as a judge of others’ work in the field. Although he served as a head coach and judged youth players, this was not sufficient to meet the formal designation of a judging capacity. - Original Contributions of Major Significance:
The provided letters described the Beneficiary’s accomplishments but lacked specific details on any original contributions that had major significance in the field of soccer coaching. The letters did not demonstrate how the Beneficiary’s methods or techniques were original or significantly impacted the field. - Published Materials About the Petitioner:
The Petitioner did not pursue this criterion on appeal.
Key Points from the Decision
Awards and Prizes Won:
- Summary of findings: Not applicable, as the Petitioner did not claim this criterion.
Published Materials About the Petitioner:
- Summary of findings: Not applicable, as this was not pursued on appeal.
Original Contributions of Major Significance:
- Summary of findings: The Petitioner’s letters did not identify original contributions nor explain their major significance in the field.
Participation as a Judge:
- Summary of findings: The Petitioner’s role as a head coach was not sufficient to meet this criterion.
Membership in Associations:
- Summary of findings: The Petitioner did not provide evidence that memberships required outstanding achievements judged by experts.
Authorship of Scholarly Articles:
- Summary of findings: Not applicable, as this was not claimed or analyzed.
Leading or Critical Role Performed:
- Summary of findings: The Beneficiary’s role was recognized, but it alone was insufficient to meet the overall requirements for extraordinary ability.
Artistic Exhibitions or Showcases:
- Summary of findings: Not applicable, as this was not claimed or analyzed.
Evidence of High Salary or Remuneration:
- Summary of findings: Not applicable, as this was not claimed or analyzed.
Commercial Successes in the Performing Arts:
- Summary of findings: Not applicable, as this was not claimed or analyzed.
Supporting Documentation
- Letters from former colleagues and professional contacts: These letters discussed the Beneficiary’s professional accomplishments but lacked detailed explanations of his original contributions and their significance.
- Informational materials from the Petitioner: These listed the Beneficiary’s roles within the organization.
- Copies of coaching licenses and awards: These were provided but did not meet the necessary evidentiary criteria for extraordinary ability.
Conclusion
Final Determination: Appeal Dismissed
Reasoning:
The evidence provided did not establish that the Beneficiary meets the high standards required for the EB1 Extraordinary Ability classification. The Petitioner did not sufficiently demonstrate the Beneficiary’s sustained national or international acclaim or that he is among the small percentage at the top of the field.
Next Steps:
The Petitioner may consider gathering more robust evidence that clearly meets multiple criteria, particularly focusing on original contributions of major significance and documented participation as a judge in the field, before reapplying.
