Matter of Price, Interim Decision Number 3241

• Citation: 20 I&N Dec. 953
• Decision Date: 29 December 1994
• Docket Number: A-29928422.,Interim Decision Number 3241
• Parties: MATTER OF PRICE. In Visa Petition Proceedings.
• Court: U.S. DOJ Board of Immigration Appeals

20 I&N Dec. 953

MATTER OF PRICE.

In Visa Petition Proceedings.

Interim Decision Number 3241

A-29928422.

Board of Immigration Appeals.

Designated by the Acting Associate Commissioner, Examinations, December 29, 1994.

An alien seeking immigrant classification under section 203(b)(1)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1153(b)(1)(A) (Supp. V 1993), has clearly established that he is an alien with extraordinary ability in athletics when he has won such internationally recognized competitions as the 1983 World Series of Golf and the 1991 Canadian Open, ranked 10th on the Professional Golfers' Association Tour in 1989, collected earnings in 1991 totalling $714,389, provided numerous affidavits and letters of support from well-known and celebrated golfers and other experts in the field, and received widespread major media coverage for his ability on the golf course.

ON BEHALF OF PETITIONER: Steven M. Ladik, Esquire Gardere & Wyne 1601 Elm Street, Suite 2600 Dallas, Texas 75201

The preference visa petition was approved by the director, Southern Service Center, who certified his decision to the Associate Commissioner for Examinations of the Immigration and Naturalization Service. The director's decision will be affirmed.¹

The petitioner seeks immigrant classification pursuant to section 203(b)(1)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1153(b)(1)(A) (Supp. V 1993), as an alien of extraordinary ability in the field of athletics. The director determined that the petitioner qualifies as an alien of extraordinary ability in the field of golf and that his proposed employment would prospectively benefit the United States.

In pertinent part, section 203(b)(1)(A) of the Act provides immigrant classification to an alien with extraordinary ability if:

(i) the alien has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation,

(ii) the alien seeks to enter the United States to continue work in the area of extraordinary ability, and

(iii) the alien's entry to the United States will substantially benefit prospectively the United States.

The term "extraordinary ability," as used in this section and defined at 8 C.F.R. § 204.5(h)(2) (1994), means a level of expertise indicating that the individual is one of that small percentage who have risen to the very top of the field of endeavor.

A petition for an alien of extraordinary ability must be accompanied by evidence that the alien has sustained national or international acclaim and that his or her achievements have been recognized in the field of expertise. As provided in 8 C.F.R. § 204.5(h)(3) (1994), such evidence shall include evidence of a one-time achievement (that is, a major, internationally recognized award) or at least three of the following:

(i) Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;

(ii) Documentation of the alien's membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;

(iii) Published material about the alien in professional or major trade publications or other major media, relating to the alien's work in the field for which classification is sought. Such evidence shall include the title, date, and author of the material, and any necessary translation;

(iv) Evidence of the alien's participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specification for which classification is sought;

(v) Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;

(vi) Evidence of the alien's authorship of scholarly articles in the field, in professional or major trade publications or other major media;

(vii) Evidence of the display of the alien's work in the field at artistic exhibitions or showcases;

(viii) Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;

(ix) Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field; or

(x) Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.

The fact that an athlete may be performing at the so-called "major league" level does not mean that he or she automatically meets the extraordinary ability standards. Supplementary information to Service regulations regarding aliens of extraordinary ability notes the following:

Performance at that [major league] level may frequently help to establish that the athlete meets several of the listed criteria. However, section 203(b)(1)(A)(i) of the Act, as amended by section 121(a) of Public Law 101-649, states that the alien's extraordinary ability must be "demonstrated by sustained national or international acclaim." Not all athletes, particularly those new to major league competition, would be able to meet this standard. A blanket rule for all major league athletes would contravene Congress' intent to reserve this category to "that small percentage of individuals who have risen to the very top of their field of endeavor."

56 Fed. Reg. 60,897, 60,899 (1991).

The petitioner, a native and citizen of Zimbabwe, has been a professional golfer since 1977. The record reflects his winning the 1980 Swiss Open, finishing second in the 1982 Open Golf...