Date of Decision: MAR. 16, 2023
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Sports Coaching
Petitioner Information
Profession: Soccer Coach
Field: Sports Coaching
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
The Beneficiary qualifies for EB-2 classification as a member of the professions holding an advanced degree.
Criteria Not Met:
The Beneficiary’s proposed endeavor, coaching youth soccer, did not demonstrate national importance as it was deemed too attenuated to broadly affect the field.
The evidence provided did not establish that the Beneficiary’s work would have a significant impact on U.S. soccer on a national level.
Key Points from the Decision
Proposed Endeavor
The Beneficiary is a youth soccer coach aiming to train and develop young soccer players to compete at the professional level and represent the U.S. in international competitions. The Petitioner, a youth soccer academy, highlighted the Beneficiary’s role in coaching, training, recruiting, and developing soccer curriculums and workshops for coaches within the academy.
Substantial Merit and National Importance: The Director acknowledged the substantial merit of youth soccer development but found the national importance of the Beneficiary’s specific coaching activities insufficient. The evidence did not show a broad impact on the soccer industry or substantial positive effects on a national scale.
Supporting Evidence: The evidence included letters of recommendation from MLS team representatives, a National Soccer Hall of Fame coach, and other professionals in the soccer industry. The letters praised the Beneficiary’s skills and contributions to youth player development but did not establish the national importance of his specific proposed endeavor.
Inconsistencies in Proposed Endeavor
The recommendation letters emphasized the Beneficiary’s success in developing players who advanced to professional and collegiate levels. However, the evidence did not demonstrate a broader impact on the field of soccer or show that the Beneficiary’s activities would significantly influence the industry on a national scale.
Supporting Documentation
Letters of Intent: Included letters from MLS team representatives and soccer professionals, supporting the Beneficiary’s skills and contributions to youth soccer development.
Business Plan: Not specified
Advisory Letter: Not specified
Any other supporting documentation: Articles and reports on U.S. soccer development, the economic impact of soccer, and the national importance of youth player development.
Conclusion
Final Determination: The appeal was dismissed.
Reasoning: The Petitioner did not meet the first prong of the Dhanasar analytical framework, failing to establish that the Beneficiary’s proposed endeavor has national importance. The evidence provided did not sufficiently demonstrate a significant impact on U.S. soccer on a national level. Consequently, the Beneficiary did not qualify for the national interest waiver, and further analysis of the remaining criteria was unnecessary.
