Date of Decision: January 28, 2022
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Tennis Coach
Field: Professional Tennis Coaching
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
Initial Evidentiary Criteria: The Petitioner established that the Beneficiary met the initial evidentiary criteria for classification as an individual of extraordinary ability.
Criteria Not Met:
Sustained National or International Acclaim: The Petitioner did not demonstrate that the Beneficiary achieved sustained national or international acclaim or that he is among the small percentage at the very top of his field of endeavor.
Key Points from the Decision
Awards and Prizes Won
The Beneficiary provided evidence of winning various awards, but it was not sufficiently demonstrated that these awards are nationally or internationally recognized.
Published Materials About the Petitioner
There was no sufficient evidence provided to demonstrate that there were significant published materials about the Beneficiary in major media or professional publications.
Original Contributions of Major Significance
The Petitioner claimed that the Beneficiary made original contributions of major significance in the field of tennis coaching. However, there was insufficient evidence to prove these contributions had a significant impact on the field.
Participation as a Judge
The Petitioner did not provide evidence that the Beneficiary participated as a judge of the work of others in the field of professional tennis coaching.
Membership in Associations
The Beneficiary’s memberships in associations were not supported by evidence demonstrating that these memberships required outstanding achievements judged by recognized experts.
Authorship of Scholarly Articles
There was no evidence presented that the Beneficiary authored scholarly articles in major trade publications or other significant media.
Leading or Critical Role Performed
While the Beneficiary held notable positions, the Petitioner did not sufficiently demonstrate that these roles were leading or critical in distinguished organizations.
Artistic Exhibitions or Showcases
Not applicable to this case.
Evidence of High Salary or Remuneration
The Petitioner did not provide comparative evidence to establish that the Beneficiary commanded a high salary or other significantly high remuneration in the field.
Commercial Successes in the Performing Arts
Not applicable to this case.
Supporting Documentation
- Awards and Certificates: Provided but not demonstrated to be nationally or internationally recognized.
- Published Materials: Insufficient evidence of significant published materials about the Beneficiary.
- Memberships: Memberships not demonstrated to require outstanding achievements judged by experts.
Conclusion
Final Determination: The decision was remanded.
Reasoning: The Director did not provide sufficient analysis or address the Petitioner’s arguments on the motion to reconsider. The case was remanded for further review and to sufficiently explain why the motion did not establish that the decision was incorrect.
Next Steps: The Petitioner should ensure that all documentation is robust and clearly demonstrates sustained national or international acclaim, as well as provide detailed evidence supporting the Beneficiary’s leading or critical roles and original contributions to the field.
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