Date of Decision: August 14, 2018
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Athletics
Petitioner Information
Profession: Baseball Coach
Field: Athletics
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
The Petitioner demonstrated that the Beneficiary is eligible for classification as an individual of exceptional ability as a professional baseball coach.
Criteria Not Met:
The Petitioner did not provide sufficient evidence to support the Beneficiary’s qualification as an individual of exceptional ability under the specified criteria.
Key Points from the Decision
Proposed Endeavor:
The Petitioner sought to employ the Beneficiary as a major league assistant bullpen coach, responsible for coaching professional baseball players and contributing to the team’s success.
Substantial Merit and National Importance:
The findings focused on the qualifications of the Beneficiary and the requirements of the labor certification rather than the substantial merit and national importance of the proposed endeavor.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process
The Director initially denied the petition based on the interpretation that the position of baseball coach did not qualify under the requested classification. However, upon review, it was determined that the Beneficiary qualifies as an individual of exceptional ability in athletics.
Supporting Evidence:
The Petitioner provided evidence relating to the Beneficiary’s ten years of full-time experience as a baseball coach, membership in professional associations, and recognition for achievements and significant contributions to professional baseball.
Inconsistencies in Proposed Endeavor:
The primary inconsistency was the interpretation of the Beneficiary’s eligibility under the requested classification, which was resolved upon further review.
Supporting Documentation
Letters of Intent: Not applicable in this case.
Business Plan: Not applicable in this case.
Advisory Letter: Not applicable in this case.
Any Other Supporting Documentation: Not applicable in this case.
Conclusion
The case was remanded to the Director for further consideration. The Petitioner established that the Beneficiary is eligible for classification as an individual of exceptional ability, but additional evidence is required to support the qualification under the specified criteria.
