sustained EB-1A Case: Athletics

PUBLIC COPY 
identifying data deleted to 
prevent clearly unwarranted 
invasion of personal privacy 
U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. 3000 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
FILE: LIN 06 117 541 14 Office: NEBRASKA SERVICE CENTER Date: MAR 2 2 n#17 
PETITION: 
 Immigrant Petition for Alien Worker as an Alien of Extraordinary Ability Pursuant to Section 
203(b)(l)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1 1 53(b)(l)(A) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
This is the decision of the Administrative Appeals Office in your case. All documents have been returned to 
the office that originally decided your case. Any further inquiry must be made to that office. 
w 
%ert P. Wiemann, Chief 
Administrative Appeals Office 
LIN 06 117 541 14 
Page 2 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Nebraska Service 
Center, and is now before the Administrative Appeals Office on appeal. The appeal will be sustained and the 
petition will be approved. 
The petitioner seeks to classifj the beneficiary as an employment-based immigrant pursuant to section 
203(b)(l)(A) of the Immigration and Nationality Act (the Act), 8 U.S.C. § 1153(b)(l)(A), as an alien of 
extraordinary ability in athletics. The director determined the petitioner had not established that the 
beneficiary has earned the sustained national or international acclaim necessary to qualify for classification as 
an alien of extraordinary ability. 
On appeal, counsel argues that the beneficiary meets at least three of the regulatory criteria at 8 C.F.R. 
$ 204.5(h)(3). 
Section 203(b) of the Act states, in pertinent part, that: 
(I) Priority Workers. -- Visas shall first be made available . . . to qualified immigrants who are aliens 
described in any of the following subparagraphs (A) through (C): 
(A) Aliens with Extraordinary Ability. -- An alien is described in this subparagraph 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. 
Citizenship and Immigration Services (CIS) and legacy Immigration and Naturalization Service (INS) have 
consistently recognized that Congress intended to set a very high standard for individuals seeking immigrant 
visas as aliens of extraordinary ability. See 56 Fed. Reg. 60897, 60898-9 (November 29, 1991). As used in 
this section, the term "extraordinary ability" 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. 8 C.F.R. 5 204.5(h)(2). The 
specific requirements for supporting documents to establish that an alien has sustained national or 
international acclaim and recognition in his or her field of expertise are set forth in the regulation at 8 C.F.R. 
$ 204.5(h)(3). The relevant criteria will be addressed below. It should be reiterated, however, that the 
petitioner must show that the beneficiary has earned sustained national or international acclaim at the very top 
level. 
LIN 06 117 54114 
Page 3 
This petition, filed on March 13, 2006, seeks to classify the beneficiary as an alien with extraordinary ability 
as a Major League Baseball player for the Washington Nationals. At the time of filing, the beneficiary was 
entering his second season with the Washington ~ationals.' 
The petitioner submitted a July 7, 2006 letter of support from , Assistant General Counsel, 
Major League Baseball Players Association, stating: 
The Major League Baseball Players Association ("MLBPA") is the union that represents Major 
League Baseball players. In order for a Major League player to obtain immigrant classification and 
admission to the United States under Section 203(b)(l)(A) of the Immigration and Nationality Act, 
the petition on behalf of such player must establish, pursuant to the Immigration Act of 1990 and the 
rules implementing that Act, that the player has "extraordinary ability" or is "internationally 
recognized" as a baseball player. 
In support thereof, the MLBPA hereby verifies that only players who have "extraordinary ability" and 
are "internationally recognized" as baseball players are tendered and signed to contracts with Major 
League Baseball clubs. 
On behalf of Major League Baseball, and for purposes of any petition filed by a Major League player 
for immigrant classification, the MLBPA requests that the USCIS accept (a) such players Major 
League contract as conclusive evidence that such player has "extraordinary ability" and/or is 
"internationally recognized" as a baseball player, and (b) this letter as an advisory opinion with 
respect to each such petition. 
cites no statute, regulation, standing precedent, or other legal authority to support his 
all players who "are tendered and signed to contracts with Major League Baseball clubs" 
automatically qualify for extraordinary ability classification pursuant to section 203(b)(l)(A) of the Act. 
Eligibility for extraordinary ability classification rests on the individual player's fulfillment of the statutory 
and regulatory requirements set forth at section 203(b)(l)(A) of the Act and at 8 C.F.R. $ 204.5(h). We will 
not infer national or international acclaim from the act of being tendered and signed to a Major League Baseball 
contract. While the beneficiary's Major League Baseball contract carries significant evidentiary weight, it relates 
to only one of the ten regulatory criteria at 8 C.F.R. § 204.5(h)(3), of which an alien must meet three 
individua~l~.~ Supplementary information at 56 Fed. Reg. 60899 (November 29, 1991) states: 
The Service disagrees that all athletes performing at the major league level should automatically meet the 
"extraordinary ability" 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." 
According to a December 2006 Associated Press article posted on ESPN's internet website, the Seattle Mariners signed 
the petitioner to a one-year, $5.5 million contract for the 2007 Major League Baseball season. See article accessed at 
http://sports.espn.go.com/mlb/news/sto~?id=2683902 on March 7, 2007. 
The beneficiary's Major League Baseball contract relates to the high salary criterion at 8 C.F.R. § 204.5(h)(3)(ix). 
LIN 06 117 54114 
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The regulation at 8 C.F.R. 3 204.5(h)(3) indicates that an alien can establish sustained national or 
international acclaim through evidence of a one-time achievement (that is, a major, international recognized 
award). Barring the alien's receipt of such an award, the regulation outlines ten criteria, at least three of 
which must be satisfied for an alien to establish the sustained acclaim necessary to qualifL as an alien of 
extraordinary ability. We find that the petitioner's evidence satisfies the following criteria. 
Documentation of the alien's receipt of lesser nationally or internationally recognized prizes 
or awards for excellence in thejeld of endeavor. 
In response to the director's request for evidence, the petitioner submitted evidence fiom Major League 
Baseball's official internet website showing that the beneficiary was selected as the American League's "2004 
Player of the Week winner" during the week of May 3rd through May 9" for his outstanding play during that 
eriod. Other individuals selec 
D 
or in prior weeks included renowned la ers such as- 
of the New York Yankees 
 of the Seattle Mariners, an of the Boston Red 
Sox. We find that the beneficiary's American League Player of the Week award from Major League Baseball 
is adequate to satisfy this criterion. 
Documentation of the alien's membership in associations in thejeld for which classiJication 
is sought, which require outstanding achievements of their members, as judged by recognized 
national or international experts in their disciplines or jelds. 
The petitioner submitted information printed fiom the 2006 World Baseball Classic internet website indicating 
that the beneficiary was among ten outfielders (including the likes of , and 
I, 
amed to represent the Dominican Republic. On appeal, the petitioner submits a letter fi-om 
Assistant General Manager and Travel Director, Dominican Republic National Team, 
confirming that his team selected the beneficiary "to be its starting right fielder for the inaugural World Baseball 
Classic" held in February and March of 2006. While the Dominican Republic National Team is not an 
"association," we could consider the beneficiary's selection to such a team as comparable evidence pursuant to 
the regulation at 8 C.F.R. 9 204.5(h)(4) because being named to the roster of a national team participating in the 
World Baseball Classic is the result of multi-level national selection process, supervised by national baseball 
experts. Given the level of accomplishment required to secure a place on a country's World Baseball Classic 
national team (which competes at the international level), it appears reasonable to conclude that it is the 
functional equivalent of an association of the type contemplated in the regulations. 
Published materials about the alien in professional or major trade publications or other major 
media, relating to the alien's work in the jeld for which class@cation is sought. Such evidence 
shall include the title, date, and author of the material, and any necessary translation. 
In general, in order for published material to meet this criterion, it must be primarily about the beneficiary and, as 
stated in the regulations, be printed in professional or major trade publications or other major media. To qualie 
as major media, the publication should have significant national or international distribution. An alien would not 
earn acclaim at the national or international level fiom a local publication or from a publication in a language that 
most of the population cannot comprehend. Some newspapers, such as the New York Times, nominally serve a 
LIN 06 117 54114 
Page 5 
particular locality but would qualify as major media because of significant national distribution, unlike small local 
community papers.3 
The petitioner submitted articles about the beneficiary appearing in major media such as the Washington Post 
and Sports Illustrated and posted on websites such as SI.com and ESPN.com (which provide national sports 
coverage). Therefore, we find that the petitioner's evidence satisfies this criterion. 
Evidence that the alien has performed in a leading or critical role for organizations or 
establishments that have a distinguished reputation. 
The petitioner submitted information printed from the Washington Nationals player profile section of Major 
League Baseball's official internet website. The beneficiary's "2005 Career Highlights" states: "Led the 
Nationals in home runs and RBIs [Runs Batted In]. . . . Collected career hit No. 1000 against the Braves on 
Sept. 9. . . . Had 12 game-winning RBIs, which led the Nationals. Was one home run shy of matching the 
franchise record in home runs on the road." 
The petitioner also submitted the Washington Nationals media guide for 2006 which describes the 
beneficiary's 2005 season as follows: 
In first season with the franchise, was Washington's top offensive threat in first season with the club 
. . . .led the Nationals in most offensive categories, including runs (81), hits (156)' total bases (264), 
home runs (24)' RBI (76), HBP (19) and outfield assists (10). . . .paced Washington with 12 game- 
winning RBI and 23 go-ahead RBI. . . .also tied for the team lead in games . . . and slugging 
percentage. . . .ranked among NL [National League] leaders in road batting (7th at .320). 
On appeal, the petitioner submits 2004 offensive statistics for Anaheim Angels players printed fiom Major 
League Baseball's official internet website. According to these statistics, the beneficiary ranked second on 
the team in games played (148), home runs (27), RBIs (104) and total bases (28 1). 
We find that the preceding evidence is adequate to demonstrate that the beneficiary performed in a leading or 
critical role as a starting player for both the Washington Nationals and the Anaheim Angels. The record also 
adequately establishes that these teams have a distinguished reputation. Therefore, the beneficiary meets this 
criterion. 
Evidence that the alien has commanded a high salary or other signijcantly high remuneration 
for services, in relation to others in thejeld 
The petitioner submitted a contract signed in December 2003 between Angels Baseball LP and the 
beneficiary. This contract states that the beneficiary's rate of compensation is as follows: $2.2 million for the 
2004 season, $3.5 million for the 2005 season, and a $4 million option for the 2006 season. 
Even with nationally-circulated newspapers, consideration must be given to the placement of the article. For example, 
an article that appears in the Washington Post, but in a section that is distributed only in Fairfax County, Virginia, cannot 
serve to spread an individual's reputation outside of that county. 
LIN 06 117 541 14 
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In response to the director's request for evidence, the petitioner submitted an April 5, 2006 Associated Press 
article posted on ESPN's internet website listing the "2006 starting salaries for the 409 Major League 
Baseball players . . . earning $1 Million or more." The beneficiary's $4 million salary from the Washington 
Nationals ranks 1 84fi on the list. 
On appeal, the petitioner submits 2006 statistics originating from the Office of the Commissioner for Major 
League Baseball reflecting 7,554 total players under contract. On appeal, counsel states that the beneficiary's 
salary of $4 million is "a salary higher than the salaries received by more than 97% of all professional 
baseball players 'under contract' in the United States." We concur with this observation. The record shows 
that the beneficiary has commanded a high salary in relation to other professional baseball players. Thus, the 
petitioner's evidence is adequate to demonstrate that the beneficiary meets this criterion. 
Accordingly, the beneficiary has satisfied more than three of the regulatory criteria required for classification 
as an alien of extraordinary ability. Pursuant to the statute and regulations as they are currently constituted, 
the beneficiary qualifies for the classification sought. 
In this case, the totality of the evidence establishes an overall pattern of sustained national acclaim and 
extraordinary ability. The petitioner has also established that the beneficiary seeks to continue working in the 
same field in the United States and that his entry into the United States will substantially benefit prospectively 
the United States. Therefore, the petitioner has overcome the stated grounds for denial and thereby 
established the beneficiary's eligibility for the benefits sought under section 203 of the Act. 
The burden of proof in visa petition proceedings remains entirely with the petitioner. Section 291 of the Act, 
8 U.S.C. 5 1361. The petitioner has sustained that burden. Accordingly, the decision of the director denying 
the petition will be withdrawn and the petition will be approved. 
ORDER: 
 The appeal is sustained and the petition is approved.