sustained EB-1A Case: Baseball

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date : JUNE 21, 2023 In Re : 26967863 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (Extraordinary Ability) 
The Petitioner, a professional baseball player , seeks classification as an individual of extraordinary 
ability in athletics. 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 Texas Service Center denied the petition, concluding the Petitioner did not 
establish that he satisfied the initial evidentiary requirements through evidence of a one-time 
achievement or meeting at least three of the evidentiary criteria at 8 C.F.R. § 204 .5(h)(3) . The matter 
is now before us on appeal. 
The Petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the evidence . 
Matter ofChawathe , 25 l&N Dec. 369, 375-76 (AAO 2010). We review the questions in this matter 
de novo. Matter of Christo 's, Inc., 26 I&N Dec. 537 , 537 n.2 (AAO 2015). Upon de novo review , 
we will sustain the appeal. 
I. LAW 
Section 203(b )(1 )(A) of the Act makes immigrant visas available to individuals with 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 , provided that the individual seeks to enter the United States to continue 
work in the area of extraordinary ability, and the individual'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 
international recognition of their 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 they 
must provide sufficient qualifying documentation that meets at least three of the ten criteria listed at 
8 C.F.R. § 204.5(h)(3)(i)-(x) (including items such as awards, published material in certain media, 
and a high salary). 1 
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 
(W.D. Wash. 2011). 2 
II. ANALYSIS 
A. Evidentiary Criteria 
The Petitioner is currently a professional baseball player for thel Iin Major League 
Baseball (MLB). 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). In denying the petition, the Director determined that the Petitioner did 
not satisfy the awards, membership, published material, and salary criteria. After reviewing all the 
evidence, we conclude the Petitioner has shown that he satisfies the requirements of at least three 
criteria. 
We find that the Petitioner meets the awards criterion at 8 C.F.R. § 204.5(h)(3)(i), the published 
material criterion at 8 C.F.R. § 204.5(h)(3)(iii), the critical role criterion at 8 C.F.R. § 204.5(h)(3)Tiii), I 
and the high salary criterion at 8 C.F.R. § 204.5(h)(3)(ix). Specifically, the Petitioner received a 
2019 MLB American League "Player of the Week A ward" as an outstanding player. In addition, he 
has been the subject of articles in major media, including ESPN.com, USA Today.com, and MLB.com. 
Furthermore, as a starting outfielder for thd Ithe Petitioner has performed in critical 
role for a distinguished organization and has commanded a high salary relative to other professional 
baseball players. Accordingly, the record indicates that he has satisfied at least three of the ten 
regulatory criteria. 
B. Final Merits Determination 
As the Petitioner satisfies at least three of the regulatory criteria at 8 C.F.R. § 204.5(h)(3)(i)-(x), we 
will analyze his accomplishments and weigh the totality of the evidence to determine if his successes 
are sufficient to demonstrate that he has extraordinary ability in the field of endeavor. We evaluate 
1 See generally 6 USCIS Policy Manual F.2(B)(2), https://www.uscis.gov/policymanual (indicating that USCTS officers 
should first "[a]ssess whether evidence meets regulatory criteria: Determine, by a preponderance of the evidence, which 
evidence submitted by a petitioner objectively meets the parameters of the regulatory description that applies to that type 
of evidence"). 
2 See generally 6 USC1S Policy Manual, supra, at F.2(B)(2) (stating that in the final merits determination, USCIS officers 
should evaluate all the evidence together when considering the petition in its entirety to determine if a petitioner has 
established, by a preponderance of the evidence, the required high level of expertise for the immigrant classification). 
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whether the Petitioner has demonstrated, by a preponderance of the evidence, that he has sustained 
national or international acclaim and that his achievements have been recognized in the field through 
extensive documentation, making him one of the small percentage who have risen to the very top of 
the field of endeavor. See section 203(b)(1 )(A)(i) of the Act; 8 C.F.R. § 204.5(h)(2), (3); see also 
Kazarian, 596 F.3d at 1119-20. In the present matter, the Petitioner has demonstrated his eligibility 
for this classification. 
The Petitioner has played as an outfielder for the~-----~ in MLB since 2018. He received 
MLB 's "Player of the Week A ward" in 2019 and was named as a finalist for the 2020 American 
League '1 I' for his position. In addition, the record includes sports 
coverage of the Petitioner's offensive and defensive play in media such as SBNation.com, 
WhiteCleatBeat.com, ESPN.com, USAToday.com, and MLB.com. The Petitioner also submitted 
copies of his MLB player contracts showing that he commanded a salary of $2,450,000 in 2022 and 
$3,550,000 in 2023. 
With regard to the Petitioner's professional baseball career, S-B-, who Forbes magazine ranked as the 
2022 "most powerful agent in North American team sports," writes: 
[The Petitioner] is entering his prime and his talents have established himself as one of 
the best outfielders in baseball. He made his Major League debut in 2018 and has 
performed against the highest level of competition available in the world. Since 2018, 
his defense has been recognized among the best in the Major Leagues by consistently 
receiving votes for the prestigious 'I tas one of the best 
defensive outfielders in the American League .... And, while [the Petitioner's] defense 
is well-known, his offense is even more impressive. Since 2018, only 16 other players 
in the game have matched him in home runs ( 62), doubles (88), stolen bases ( 45), walks 
(119), and on-base plus slugging (.768). 
The aforementioned information from S-B-, along with additional corroborating evidence in the 
record, sets the Petitioner apart from other professional baseball players through 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 )(1 )(A) of the Act. The totality of the evidence demonstrates that the Petitioner possesses 
a level of expertise consistent with a finding that he is one of a small percentage at the very top of the 
field of endeavor and that he has sustained national acclaim in his sport. See section 203(b )(1 )(A) of 
the Act; 8 C.F.R. § 204.5(h)(2), (3); Kazarian, 596 F.3d at 1119-20. See also Matter ofPrice, 20 I&N 
Dec. 953, 956 (Assoc. Comm'r 1994). 
III. CONCLUSION 
The Petitioner has established that he meets at least three of the evidentiary criteria listed at 8 C.F.R. 
§ 204.5(h)(3)(i)-(x). He has also demonstrated sustained national acclaim and that his achievements 
have been recognized through extensive documentation. Lastly, the Petitioner has shown that he 
intends to continue working in his area of expertise and that he will substantially benefit prospectively 
the United States. He therefore qualifies for classification as an individual of extraordinary ability. 
ORDER: The appeal is sustained. 
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