dismissed EB-1A Case: Soccer

U.S. Citizenship 
and Immigration 
Services 
In Re: 20629011 
Appeal of Nebraska Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : NOV . 23, 2022 
Form 1-140, Immigrant Petition for Alien Worker (Extraordinary Ability) 
The Petitioner, a soccer coach, seeks classification as an individual of extraordinary ability. See 
Immigration and Nationality Act (the Act) section 203(b)(l)(A), 8 U.S .C. § 1153(b)(l)(A) . This first 
preference classification makes immigrant visas available to those who can demonstrate their 
extraordinary ability through sustained national or international acclaim and whose achievements have 
been recognized in their field through extensive documentation . 
The Director of the Nebraska Service Center denied the petition, concluding that although the record 
established that the Petitioner satisfied the initial evidentiary requirements for this classification, it did 
not establish, as required , that the Petitioner has sustained national or international acclaim and is one 
of that small percentage at the very top of his field of endeavor. The matter is now before us on appeal. 
In these proceedings, it is the Petitioner's burden to establish eligibility for the requested benefit by a 
preponderance of the evidence. Section 291 of the Act, 8 U.S.C. § 1361; MatterofChawathe, 25 l&N 
Dec. 369 (AAO 2010) . We review the questions in this matter de nova. See Matter of Christo 's Inc ., 
26 I&N Dec. 537, 537 n.2 (AAO 2015). Upon de nova review, we will dismiss the appeal. 
I. LAW 
Section 203(b)(l)(A) of the Act makes visas available to immigrants 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 into the United States will substantially benefit prospectively 
the United States. 
The term "extraordinary ability" refers only to those individuals in "that small percentage who have 
risen to the very top of the field of endeavor." 8 C.F.R. § 204.5(h)(2). The implementing regulation 
at 8 C.F.R. § 204.5(h)(3) sets forth a multi-part analysis. First, a petitioner can demonstrate sustained 
acclaim and the recognition of his or her achievements in the field through a one-time achievement 
(that is, a major, internationally recognized award). If that petitioner does not submit this evidence, 
then he or she must provide sufficient qualifying documentation that meets at least three of the ten 
categories listed at 8 C.F.R. § 204.5(h)(3)(i) - (x) (including items such as awards, published material 
in certain media, and scholarly articles). 
Where a petitioner meets these initial evidence requirements, we then consider the totality of the 
material provided in a final merits determination and assess whether the record shows sustained 
national or international acclaim and demonstrates that the individual is among the small percentage 
at the very top of the field of endeavor. See Kazarian v. USCIS, 596 F.3d 1115 (9th Cir. 2010). 
( discussing a two-part review where the documentation is first counted and then, if fulfilling the 
required number of criteria, considered in the context of a final merits determination); see also 
Visinscaia v. Beers, 4 F. Supp. 3d 126, 131-32 (D.D.C. 2013); Rijal v. USCIS, 772 F. Supp. 2d 1339, 
1343 (W.D. Wash. 2011). 
II. ANALYSIS 
The record reflects that the Petitioner was a professional soccer player in Brazil and ____ 
I lfrom 1993 until 2009, when he transitioned to coaching. The Petitioner initially held coaching 
roles with la professional team in Trinidad and Tobago, and has coached 
youth soccer teams since 2015. At the time of filing in August 2020, he was employed as the head 
soccer coach for the Under 14 (U14) and Under 12 (U12) teams for I in 
I I California. 
A. Evidentiary Criteria 
Because the Petitioner has not indicated or established that he has received a major, internationally 
recognized award, he must satisfy at least three of the alternate regulatory criteria at 
8 C.F.R. § 204.5(h)(3)(i)-(x). The Petitioner initially claimed that he could meet up to seven of the 
ten criteria. 
The Director determined that the Petitioner had met four of the evidentiary criteria and therefore 
satisfied the initial evidence requirements for this classification. Specifically, the Director determined 
that the Petitioner submitted evidence of published material about him and relating to his work as an 
athlete and coach; evidence that he had participated as a judge of the work of others in the field; 
evidence that he had performed in a leading or critical role for an organization with a distinguished 
reputation, and evidence that he has commanded a high salary in relation to others in the field. See 8 
C.F.R. §§ 204.5(h)(3)(iii), (iv), (viii) and (ix). We will not disturb the Director's determination that 
the Petitioner satisfied the initial evidence requirements by meeting at least three criteria at 8 C.F.R. § 
204.5(h)(3). 
The Director further determined that the Petitioner claimed, but did not establish, that he could meet 
three additional criteria, including lesser nationally or internationally recognized awards at 8 C.F.R. § 
2 
204.5(h)(3)(i), membership in associations that require outstanding achievements, at 8 C.F.R. § 
204.5(h)(3)(ii), 1 and original contributions of major significance at 8 C.F.R. § 204.5(h)(3)(v). 
Nevertheless, because the Director determined that the Petitioner met at least three of the regulatory 
criteria, he proceeded to a final merits determination. 
B. Final Merits Determination 
As the Petitioner submitted the reqms1te initial evidence, we will evaluate whether he has 
demonstrated, by a preponderance of the evidence, sustained national or international acclaim and that 
he is one of the small percentage at the very top of the field of endeavor, and that his achievements 
have been recognized in the field through extensive documentation. In a final merits determination, 
we analyze a petitioner's accomplishments and weigh the totality of the evidence to determine if their 
successes are sufficient to demonstrate that they have extraordinary ability in the field of endeavor. 
See section 203(b)(l)(A)(i) of the Act; 8 C.F.R. § 204.5(h)(2), (3); see also Kazarian, 596 F.3d at 
1119-20. 
The Director, noting a lack of recent evidence in the record, determined that the Petitioner had attained 
significant successes and achievements as a soccer player and coach in Trinidad and Tobago resulting 
in national acclaim in the past, but did not demonstrate that he had sustained national or international 
acclaim and that he is among the small percentage of soccer coaches at the very top of the field. 
On appeal, the Petitioner maintains that the Director failed to raise the issue of sustained acclaim in 
the request for evidence (RFE) issued prior to the denial of the petition and therefore improperly based 
the denial on a lack of such evidence. We observe that the RFE included the following statement: 
"Any evidence submitted in response to this request should also articulate how the record establishes 
that the beneficiary possesses the required high level of expertise for the El 1 immigration 
classification." The Director emphasized that establishing this "high level of expertise" requires 
evidence that the Petitioner possesses sustained national or international acclaim, noting that acclaim 
must be maintained and that a petitioner "may have achieved extraordinary ability in the past but then 
failed to maintain a comparable level of acclaim thereafter." Therefore, we find that the RFE informed 
the Petitioner that he must not only submit evidence that satisfies at least three of the criteria at 8 
C.F.R. § 204.5(h)(3)(i)-(x), but also demonstrate that he has sustained national or international acclaim 
that places him among the small percentage of coaches at the very top of his field. 
The Petitioner further asserts that the Director overlooked evidence relating to his most recent 
achievements as a coach and submits supplemental evidence in support of the appeal, including 
evidence that post-dates the filing of the petition. While we will address this newly submitted 
evidence, we emphasize that the Petitioner must establish that all eligibility requirements for the 
immigration benefit have been satisfied from the time of the filing and continuing through 
adjudication. 8 C.F.R. § 103.2(b)(l). Upon review, and for the reasons discussed below, we agree 
with the Director's determination that the Petitioner did not establish eligibility for this highly 
restrictive classification. 
1 While the Petitioner initially claimed that he could meet the criterion at 8 C.F.R. § 204.5(h)(3)(ii), he did not pursue that 
claim in his response to the Director's request for evidence. 
3 
As noted, the Petitioner is a soccer coach who began his career as a rofessional soccer player in 
Brazil. According to the Petitioner's resume, he la ed for from 1993 to 1997 
and for three different Brazilian teams andl I I Jin 1998 and 1999. He indicates that his play ____ "was pivotal in bringing 
thel I championship to the I in 1995." The record reflects that the Petitioner left 
Brazil in 2000 after being recruited by the Trinidad and Tobago Football Association (TTF A) and 
I l which competes in the Trinidad and Tobago 
Professional League (TT Pro League). The Petitioner played with I I from 2000 to 
2006 and 2007 to 2009, during which time he received several team-issued awards includingl I I (2000, 2001),I (2003), andl 1(2005). In 2013, 
he was one of several recipients of thel I "Lifetime Achievement Award" for his 
contributions to the team as a player and member of the coaching staff. In 12005, 
he played in six international matches with the Trinidad and Tobago _______ 
According to a letter from CEO of I I the Petitioner 
immediately transitioned to coaching at the end of his playing career. Specificallyj I states 
that the Petitioner was an assistant coach of the team from 2009 until team from 
2015, while also functioning as the head coach for the 
this same period. 2 From 2015 to 2017, the Petitioner served as 
Football Academ in Trinidad and Tobago, before moving to to to work for _ 
as Head Soccer Coach for its Ul4 and U12 teams in 2018. The Petitioner 
emphasizes that the ________ team was particularly successful during his tenure as an 
assistant coach in 2013 and 2014 when they were TT Pro I I andl I 
Winners. His training and credentials as a coach include a U.S. Soccer Federation E License, a 
National Soccer Coaches Association of America Level 1 Diploma, a two-week coaching internship 
at La Masia Academy in Spain, and completion of a Youth Coaching Training Course. The Petitioner 
states that he has coached four players who went on to play for the ________ National 
Team, two of whom have also played for U.S. Major League Soccer teams. 
As noted by the Director, the Petitioner established that he received media coverage in Trinidad and 
Tobago during his playing and coaching career there, that he has commanded a high salary, that he 
has had responsibility for judging the work of others in the field, and that he served in a leading or 
critical role forl ]which enjoys a distinguished reputation in the sport in Trinidad and 
Tobago. At issue is whether the record establishes that he is one of that small percentage who has 
risen to the very top of his field and that he has sustained national or international acclaim under 8 
C.F.R. § 204.5(h)(2)-(3). Here, the record does not demonstrate that his achievements are reflective 
of a "career of acclaimed work in the field" as contemplated by Congress. H.R. Rep. No. 101-723, 59 
(Sept. 19, 1990). 
Regarding published materials, the Petitioner submitted more than 30 articles published by Trinidad 
and Tobago publications, including national newspapers Trinidad Guardian, Newsday, and Trinidad 
2 While the record documents the Petitioner's coaching roles withl I we note that the Petitioner indicates 
in his resume and in his own personal statement in support of the petition that he served in these coaching roles withO 
I from 2013 to 2015 (rather than from 2009 to 2013), and that his "first coaching assignment" was as a Head 
Soccer Coach for "Under I I-Under 16" with I a public secondary school in Trinidad and Tobago, from 
2012 to 2013. 
4 
Express. Many of the submitted articles are dated between 2004 and I I 2005 and 
are about the Petitioner's efforts to obtain to play on its 
national team in qualifying matches for the 2006 FIFA World Cup. The evidence from this period 
reflects significant media interest in the Petitioner, including feature articles lauding his skills as a 
player, frequent coverage of his training with the national team, and articles about the matches he 
ultimately played with the team in international competition. For example, al I 2004, 
article published by Express states that the Petitioner "has helped! to twol I 
and and has been one of the most in in the [TT Pro League] over the last five 
years." This evidence indicates that he enjoyed national acclaim as an athlete at the time and was 
regarded as a key player forl I which is further evidenced by the team awards he 
received for his performance between 2000 and 2005. In addition, articles published by the Trinidad 
Guardian and the website of the TT Pro Lea ue mention that the Petitioner was among "former 
top performers and captains" of who were selected to receive "Lifetime 
Achievement Awards" from at the team'sl I awards ceremony. 
The Petitioner also submitted seven articles relating to his career as a coach, but unlike the articles 
discussed above, he was not specifically featured in any of these materials. A Newsday article from 
I 2009 titled mentions the Petitioner's transition to 
coaching in passing, noting that he would not be at the start of the season but would "join the 
technical staff as an assistant coach" for th team. A 2009 Guardian 
article titled also mentions the Petitioner as one of two 
new assistant coaches of , bbut the article is a feature story about another member of 
the team's coachin staff. The Petitioner also submitted two 2012 articles from Daily Express which 
cover the and briefly mention the 
Petitioner's role as head coach of the _____ team. Further, the Petitioner submitted three 
articles from 2014 which mention his role as coach of the team. 
Two of the articles are about the results of this team's matches and sim 1 identif the Petitioner as 
the team's coach, while the remaining 2014 article, titled is about 
______ and national team playerl The article mentions tha _ during a 
recent break in playing due to medical issues, served as assistant coach to the Petitioner with the club's 
I jteam. 
While the record reflects some ongoing media coverage of the Petitioner's career in Trinidad and 
Tobago following his transition to coaching in 2009, the number of articles and the nature of the 
coverage does not reflect the level of acclaim he enjoyed during the height of his career as an athlete 
playing for a professional team and in international competition. Regardless, even if we concluded 
that the Petitioner achieved national acclaim as both a player and a coach in Trinidad and Tobago 
based on the submitted published materials, the Director correctly observed that the record contained 
no articles dated after September 2014, which was nearly six years prior to the filing of the petition. 
Therefore, the published materials evidence does not support a determination the Petitioner has 
achieved sustained national acclaim as a soccer coach that places him among "that small percentage 
who have risen to the very top of the field of endeavor." 8 C.F.R. § 204.5(h)(2). 
On appeal, the Petitioner asserts that, notwithstanding the lack ofrecent media coverage of his career, 
he submitted other, more recent evidence which establishes his sustained acclaim as a coach that the 
Director failed to consider. He emphasizes that the evidence must be considered in its totality in order 
5 
to determine whether he has the sustained acclaim required under section 203(b)(l)(A)(i) of the Act. 
Specifically, the Petitioner contends that the Director did not give proper weight to evidence of his 
recent judging activities in the final merits determination. 
In addressing the evidence of the Petitioner's participation as a judge, the Director observed that he 
relied on letters of recommendation detailing his roles and responsibilities as a coach and assistant 
coach. He specifically referenced a letter froml I CEO of _____ who 
stated that the Petitioner had input on the decision-making process regarding coaching assignments 
for the club' sl I teams. The Director determined that while the 
Petitioner had judged the work of others, his judging activities "took place as part of his job 
responsibilities" and were performed "with the organization for which he previously played." The 
Director concluded that the record did not establish that the Petitioner was specifically invited to serve 
as a judge of others based on his acclaim as a coach or that his judging activities garnered him national 
or international acclaim or recognition. 
As it pertains to the Petitioner's service as a judge of others, an evaluation of the significance of his 
experience is appropriate to determine if such evidence is indicative of the extraordinary ability 
required for this highly restrictive classification. See Kazarian, 596 F. 3d at 1121-22. Therefore, the 
Director did not err by considering the nature of the Petitioner's judging activities and noting that he 
performed internal judging activities as part of his job responsibilities for his employer. 3 However, 
we agree with the Petitioner that the submitted evidence demonstrates that he participated as a judge 
for organizations other than and not solely as part of his coaching responsibilities 
for this club. 
A letter fro ml lof TTF A confirms that the Petitioner was invited by 
"to judge the performances of the players seeking to make the selection for the Team of 
Trinidad & Tobago that would participate in the FIF A lw orld Cup." ___ indicates 
that these activities took place in Trinidad in 2019, 2019, where the Petitioner designed drills for the 
40 prospective players and assisted in the selection of 26 players to participate in a two-year World 
Cup training program. 
On appeal, the Petitioner submits an additional letter froml I head coach and technical 
director lwho confirms that the TTF A invited the Petitioner to participate in the I 
I I selection activities described byl I He also indicates that, even after the 
Petitioner left the staff ofl I he was invited by the team's board of directors to judge 
the players' performance (in conjunction with the technical staff) to select the best starting team for 
TT Pro League competition in the 2016 to 2018 seasons. 
Therefore, the record supports the Petitioner's claim that he was invited to participate in judging the 
work of others and did not solely perform these duties in the context of his responsibilities as a coach 
for his employer. We also acknowledge that he participated in these activities as recently as 2019. 
The evidence reflects that the Petitioner maintains a relationship with thel coaching 
staff, that he has had one invitation from TTF A to participate in team selection, and that these 
3 See 6 USCIS Policy Manual F.4(B)(2) (stating that as part of the final merits determination, the quality of the evidence 
should also be considered, such as whether a petitioner's judging responsibilities were internal). 
6 
organizations value his input as a judge of athletic and coaching abilities. However, the Petitioner did 
not establish how the recent judging activities documented in the record place him among the small 
percentage of coaches at the very top of his field. See 8 C.F .R. § 204.5(h)(2). He did not show, for 
example, how his judging experience compares to others at the top of the field or demonstrate how his 
judging activities have either resulted from or contributed to his sustained national or international 
acclaim. Further, the regulations require that the Petitioner provide "extensive documentation" to 
show that his achievements have been recognized in the field. The Director found that the Petitioner 
had little or no evidence of such recognition in the five years preceding the filing of the petition; his 
submission of more recent evidence of his participation in judging activities does not automatically 
meet this high standard or demonstrate that he has sustained national or international acclaim as a 
coach. 
The Director determined that the Petitioner established that he served in a leading or critical role as a 
player and coach with the ______ organization, and that the team enjoys a distinguished 
reputation. The Director also concluded that he submitted sufficient evidence to establish that he had 
commanded a high salary in relation to others as a player with this organization (based on his 2006 
contract) and as a coach, from 2013 to 2015. However, the Director emphasized that the Petitioner's 
tenure with I ended in 2015 and the record did not establish that he had commanded 
a high salary or held leading or critical roles with another organization that has a distinguished 
reputation since that time. As such, the Director concluded that the record lacked recent evidence that 
would demonstrate the Petitioner's national acclaim had been sustained. 
On a eal the Petitioner maintains that he served in a leading or critical role for both 
from 2018 until 2020, and that he has served in a leading or critical role for 
since February 2021. He also submits evidence intended to establish that he currently earns a 
high salary as a head coach and director of I ]which is described by its Executive Director 
"one of the premier clubs in thel with over 14 teams and 200 student athletes. 
The evidence submitted on appeal includes a letter fromDPresidentl land additional 
information about from various websites. We do not doubt that the Petitioner had a leading or 
critical role as a head coach with this organization. However, even ifwe determined that enjoys 
a distinguished reputation among youth soccer clubs inl I California where it operates, the 
record does not establish that the Petitioner has garnered national or international acclaim in the field 
based on his coaching role with a regional youth soccer club. The same is true with respect to the 
evidence submitted regarding the Petitioner's leading or critical role withl , a a youth 
soccer club in California that he joined six months after the filing of this petition. 4 It is evident that 
these two U.S. organizations value the Petitioner's years of expertise in the sport and regard him as a 
highly effective coach who has positively impacted both individual and team performance for their 
respective clubs. However, the record does not demonstrate that he has achieved or sustained a level 
of acclaim in these roles that is comparable to the level of national acclaim he achieved during his 
time as a player and coach withl I or a level of acclaim that places him at the top of 
the field among soccer coaches. 
4 As noted, the Petitioner must establish that all eligibility requirements for the immigration benefit have been satisfied 
from the time of the filing and continuing through adjudication. 8 C.F.R. § 103.2(b)(l). 
7 
The record is similarly lacking evidence that the Petitioner commanded a high salary or other 
significantly high remuneration for his services as a soccer coach between his departure from the 
I coaching staff in 2015 and the filing of this petition in 2020. On appeal, the Petitioner 
has supplemented the record with evidence intended to establish that he has commanded a high salary 
withl !compared to other youth soccer coaches in the United States. As noted, the 
Petitioner did not join this organization until six months after he filed this petition. Further, while his 
salary with this club (which is slightly above the 90th percentile nationwide according to the one 
source submitted) may demonstrate some degree of recognition of his achievements in the field, he 
has not submitted evidence showing his earnings are at a level reflecting that he is one of the small 
percentage who has risen to the top of the field. 
Therefore, the record supports the Director's conclusion that any national acclaim the Petitioner 
achieved as a member of the coaching staff of a professional team in Trinidad and Tobago has not 
been sustained since he left the team and moved on to youth coaching roles in the five years preceding 
the filing of the petition. 
We have also considered the Petitioner's claims that he has made contributions to coaching through 
the development and implementation of training methods and through the success of individual players 
he has coached. A letter from I I assistant coach ofthel I team of Trinidad 
and Tobago, states that the Petitioner has developed training drills designed to develop players' agility 
and coordination. He states that the Petitioner's "methodology and style of coaching is revolutionary" 
and continues to be used in coaching Trinidad and Tobago's national team. In his own statement, the 
Petitioner referenced his publication I I and indicated that it is a manual "used in 
every practice through the [Trinidad & Tobago Professional] league." However, he concedes that 
"there are no records of it" being incorporated by the league, noting that "most likely, it has been 
photocopied and passed along to coaches and teams." The record contains a copy of a seven-page 
document illustrating a soccer I and bearing the seal of thel I I I Even if we concluded that the Petitioner developed a training drill or methodology that is in 
widespread use in Trinidad and Tobago, he states that he has not been widely acknowledged for such 
contribution and the record does not support a determination that this largely uncredited contribution 
has garnered him national or international acclaim or recognition in the field of soccer coaching. 
Other testimonial evidence in the record identifies specific players who were coached by the Petitioner 
during their careers and who have gone on to play on collegiate, professional or national teams. While 
such evidence supports a determination that the Petitioner is a talented and successful coach, there is 
insufficient objective evidence to establish whether or how the players' achievements contributed to 
the Petitioner's own acclaim and recognition in the field. 
The Petitioner seeks a highly restrictive visa classification, intended for individuals who are at the top 
of their respective fields, rather than for individuals progressing toward the top or those who achieved, 
but did not maintain, the required national or international acclaim. USCIS has long held that even 
athletes performing at the major league level do not automatically meet the "extraordinary ability" 
standard. Matter of Price, 20 I&N Dec. 953, 954 (Assoc. Comm'r 1994). 
On review, the balance of the record demonstrates that the Petitioner was an acclaimed professional 
soccer player with a top team in Trinidad and Tobago and possessed the skills to make the successful 
transition to coaching at a high level with his former team's organization. However, the record does 
8 
not establish that any national acclaim he achieved as a player and coach in Trinidad and Tobago has 
been sustained since he leftl in 2015 to pursue other coaching opportunities with 
youth soccer organizations. He did not demonstrate through "extensive documentation" that his work 
in subsequent years has brought him the requisite sustained acclaim at a national or international level, 
such that we could conclude that he has a "career of acclaimed work in the field" as contemplated by 
Congress. H.R. Rep. No. 101-723, 59 (Sept. 19, 1990); see also section 203(b)(l)(A) of the Act. As 
such, the record does not indicate he currently has a degree of recognition for his achievements 
consistent with the sustained acclaim that the statute demands. Moreover, the record does not 
otherwise demonstrate that the Petitioner is one of the small percentage who has risen to the very top 
of the field of endeavor. See section 203(b )(l)(A) of the Act; 8 C.F.R. § 204.5(h)(2). 
C. 0-1 Nonimmigrant Status 
We acknowledge that the Petitioner has been the beneficiary of an approved 0-1 pet1t10n, a 
classification reserved for nonimmigrants of extraordinary ability. Although USCIS has approved at 
least one 0-1 nonimmigrant visa petition filed on behalf of the Petitioner, the prior approval does not 
preclude USCIS from denying an immigrant visa petition which is adjudicated based on a different 
standard - statute, regulations, and case law. Eligibility as an 0-1 nonimmigrant does not 
automatically establish eligibility for immigrant extraordinary ability classification, as each petition is 
separate and independent and must be adjudicated on its own merits, under the corresponding statutory 
and regulatory provisions. 
Furthermore, our authority over the USCIS service centers, the office adjudicating the nonimmigrant 
visa petition, is comparable to the relationship between a court of appeals and a district court. Even if 
a service center director has approved a nonimmigrant petition on behalf of an individual, we are not 
bound to follow that finding in the adjudication of another immigration petition. See La. Philharmonic 
Orchestra v. INS, No. 98-2855, 2000 WL 282785, at *2 (E.D. La. 2000). 
III. CONCLUSION 
For the reasons discussed above, the Petitioner has not demonstrated his eligibility as an individual of 
extraordinary ability. The appeal will be dismissed for the above stated reasons. 
ORDER: The appeal is dismissed. 
9