Date of Decision: September 12, 2016
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Soccer Player
Field: Athletics
Nationality: Georgian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Artistic Display: Initially accepted by the Director but later determined not applicable since the petitioner is a soccer player, not an artist.
Criteria Not Met:
- Lesser Recognized Prizes or Awards: The petitioner did not sufficiently document his role in the awards won by his teams. The awards were attributed to teams, and individual recognition of the petitioner was not adequately demonstrated.
- Membership in Associations: The petitioner’s memberships did not meet the criteria for outstanding achievements as they were based on athletic skills rather than prior significant achievements.
- Published Material: The articles provided were about the petitioner’s teams and soccer matches, not about the petitioner himself. Additionally, the publication’s circulation was not proven to be indicative of major media.
- Leading or Critical Role: Reference letters did not adequately demonstrate that the petitioner’s roles were leading or critical within his teams.
- High Salary or Remuneration: The salary comparisons provided were within his team rather than the broader field of soccer, failing to establish that the petitioner commanded a high salary in relation to others in the field.
Key Points from the Decision
Awards and Prizes Won:
- The petitioner provided letters indicating team awards but did not demonstrate his individual contribution to these awards.
Published Materials About the Petitioner:
- Articles mentioned the petitioner as a member of teams but were not primarily about him. The publication was not sufficiently demonstrated to be a major media outlet.
Original Contributions of Major Significance:
- No substantial evidence provided.
Participation as a Judge:
- Not applicable.
Membership in Associations:
- Memberships were based on athletic skills, not significant prior achievements.
Authorship of Scholarly Articles:
- Not applicable.
Leading or Critical Role Performed:
- General reference letters did not specify how the petitioner’s roles were leading or critical.
Artistic Exhibitions or Showcases:
- Initially accepted but later found inapplicable for a soccer player.
Evidence of High Salary or Remuneration:
- Salary comparisons were limited to his team, not the broader field.
Commercial Successes in the Performing Arts:
- Not applicable.
Supporting Documentation
- Letters from team officials and coaches.
- Articles from a sports magazine.
- Salary contracts and comparisons within his team.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The petitioner did not meet the required criteria to demonstrate extraordinary ability. The evidence provided did not establish that he is among the small percentage at the very top of his field.
Next Steps: Recommendations for the petitioner include gathering more substantial and direct evidence of individual achievements and contributions, as well as demonstrating a broader recognition in the field.
