Date of Decision: May 26, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Sports Agent
Field: Sports Coaching and Advising
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Lesser Nationally or Internationally Recognized Prizes or Awards: The beneficiary’s team won a significant championship, which the petitioner established as nationally recognized.
Membership in Associations: The beneficiary’s membership in the national team was considered a qualifying membership.
Published Material About the Petitioner: Several newspaper articles were deemed as qualifying major media publications discussing the beneficiary’s career as a player.
Criteria Not Met:
Participation as a Judge of the Work of Others: The evidence provided did not establish formal designation as a judge prior to the petition’s filing date.
Original Contributions of Major Significance: This criterion was claimed but not sufficiently supported.
Leading or Critical Role: This criterion was claimed but not sufficiently supported.
High Remuneration: This criterion was not addressed on appeal and therefore considered abandoned.
Key Points from the Decision
Awards and Prizes Won:
The beneficiary’s team won a major national championship, and the significance of this prize was established. Other awards and second-place finishes were less persuasive.
Membership in Associations:
The beneficiary’s membership in the national team was considered a qualifying membership or comparable to such membership under the regulations.
Published Materials About the Petitioner:
Several articles were primarily about the beneficiary and his work as a player, qualifying under the criteria for major media publications.
Continued Work in Area of Expertise:
The petitioner did not establish that the beneficiary would continue working in his area of expertise, as the evidence showed that he was no longer playing competitively and had limited coaching experience.
Supporting Documentation
Judging Documentation: Letters and documents suggesting judging activities, but lacking formal designation.
Published Materials: Newspaper articles about the beneficiary’s career as a player.
Awards Documentation: Evidence of the beneficiary’s team winning a national championship.
Membership Documentation: Evidence of the beneficiary’s membership in the national team.
Conclusion
Final Determination: Appeal Dismissed
Reasoning: The petitioner did not meet the required evidentiary criteria to demonstrate the beneficiary’s extraordinary ability. While the petitioner met the criteria for awards, membership, and published materials, the evidence for other criteria, such as judging, original contributions, and leading or critical role, was insufficient. Additionally, the petitioner did not establish that the beneficiary would continue working in his area of expertise or that his entry would substantially benefit the United States.
Next Steps: The petitioner may consider gathering more substantial evidence of nationally or internationally recognized awards, providing detailed documentation of judging activities, and demonstrating sustained national or international acclaim in the beneficiary’s current role if reapplying.
