Date of Decision: August 4, 2022
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Soccer Player
Field: Professional Soccer
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Awards at 8 C.F.R. § 204.5(h)(3)(i):
The petitioner received the “2015 Award” recognizing the top 11 players in the league, earned “Player of the Week” honors, and was selected to the “Team of the Week” four times during the 2015 season.
Memberships at 8 C.F.R. § 204.5(h)(3)(ii):
The petitioner was a member of distinguished teams, including the 2018 team in the Arena Soccer League.
Published material at 8 C.F.R. § 204.5(h)(3)(iii):
The petitioner provided over 30 articles from 2015 relating to games in which he was a contributor, including coverage of his awards and leadership roles.
Leading or critical role at 8 C.F.R. § 204.5(h)(3)(viii):
The petitioner served as captain for several teams, including the 2015 championship team, demonstrating a critical leadership role.
Criteria Not Met:
Sustained national or international acclaim:
The evidence did not demonstrate that the petitioner garnered sustained national or international acclaim necessary for the highly restrictive EB-1 classification.
Recognition at the top of the field:
The petitioner did not show that his achievements have been recognized as placing him among the small percentage at the very top of his field.
Key Points from the Decision
Awards and Prizes Won:
- Summary of findings: The petitioner received notable awards during the 2015 season but failed to demonstrate similar recognition before or after this period.
- Key quotes or references: “The petitioner garnered some awards in the 2015 season when he played for the team; however, he has not demonstrated how his receipt of these accolades reflects sustained national or international acclaim.”
Published Materials About the Petitioner:
- Summary of findings: The petitioner provided numerous articles from 2015 and limited coverage from other periods.
- Key quotes or references: “The majority of the media coverage represents the 2015 season, with limited reporting for the 2016 season. The petitioner did not demonstrate that this coverage represents sustained national or international acclaim.”
Original Contributions of Major Significance:
- Summary of findings: The petitioner did not provide evidence showing that his contributions have had a significant impact on the field.
- Key quotes or references: “The petitioner did not show that his leadership and playing roles were reflective of widespread acclaim from his field or that he is considered to be at the very top of the field of endeavor.”
Participation as a Judge:
Not applicable
Membership in Associations:
- Summary of findings: The petitioner was a member of the 2018 team in the Arena Soccer League but did not demonstrate sustained acclaim from this membership.
- Key quotes or references: “The petitioner did not show that his recent single team membership resulted in sustained national or international acclaim.”
Authorship of Scholarly Articles:
Not applicable
Leading or Critical Role Performed:
- Summary of findings: The petitioner served as a captain and played critical roles for various teams.
- Key quotes or references: “While we acknowledge that the team won a championship in 2015 under his leadership, the petitioner did not demonstrate that his role resulted in widespread acclaim or that he is at the very top of the field of endeavor.”
Artistic Exhibitions or Showcases:
Not applicable
Evidence of High Salary or Remuneration:
Not applicable
Commercial Successes in the Performing Arts:
Not applicable
Supporting Documentation
- 2015 Award Documentation: Provided evidence of awards and honors received during the 2015 season.
- Articles from 2015: Over 30 articles detailing the petitioner’s contributions to his team’s success.
- Team Memberships: Documentation of membership in the 2018 Arena Soccer League team.
- Leadership Roles: Evidence of the petitioner serving as captain for multiple teams.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The petitioner failed to demonstrate sustained national or international acclaim and did not provide sufficient evidence to meet at least three of the ten evidentiary criteria for the EB-1 classification. The documentation lacked necessary details, corroborative evidence, and objective proof of significant contributions to the field.
Next Steps: The petitioner may consider gathering more detailed and comprehensive evidence to support future petitions or appeals.
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