sustained EB-1A Case: Basketball

MATTER OFD-S-
Non-Precedent Decision of the 
Administrative Appeals_ Office 
DATE: FEB. 13,2019 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM I-140, IMMIGRANT PETITIO~ FOR ALIEN WORKER 
) 
·/ 
The Petitioner, a professional basketball 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. 
§ l 153(b)(l)(A). This first preference classification makes immigrant visas av~ilable to those who 
can demonstrate their extraordinary ability throug'1 sustained national or international acclaim and 
whose achievements have been recognized in their field through extensive documentation. 
The Acting Director of the Nebraska Service Center denied the Form I-140; Immigrant Petition for 
Alien Worker, concluding that ~he Petitioner had satisfied only one of the ten initial evidentiary 
criteria, of which she must meet at least three. 
On appeal, the Petitioner submits additional documentation and a brief arguing that she satisfies at 
least three of the ten criteria and qualifie_s as an athlete of extraordinary ability. 
Upon de novo review, we will sustain 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 m the· field through 
extensive documentation, 
(ii) the alien seeks to enter the United States to continue work m the area of 
extraordinary ability, and 
(iii) the alien's entry into the United States will substantially penefit 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 ~ndeavor.'' 8 C'.F.R. § 204.5(h)(2). The implementing regulation 
.
Matter of D-S-
at 8 C.F.R. § 204.5(h)(3) sets forth two options for satisfying this classification's initial evidence 
requirements. First, a petitioner can demonstrate a one-time achievement (that is, a major, 
international~y recognized award). If; that petitioner does not submit this evidence, then he or she 
must provide 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). The regulation at 8 C.F.R. § 204.5(h)(4) allows a petitioner to submit comparable 
material if he or she is able to demonstrate that ·the standards at 8 C.F.R. § 204.5(h)(3)(i)-(x) do not 
readily apply to the individual's occupation. 
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. USC JS, 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); R(jal v. USCIS, 772 F. Supp. 2d 1339 
(W.D. Wash. 2011). This two-step analysis is consistent with our holding that the "truth is to be 
determined not by the quantity of evidence alone but by its quality,'' as well as the principle that we 
examine "each piece of evidence for relevance, probative value, and credibility, both individually 
and within the context of the totality of the evidence, to determine whether the fact to be proven is 
probably true." Matter o.fChawathe, 25 I&N Dec. 369, 376 (AAO 2010). 
II. ANALYSIS 
A. Evidentiary Criteria 
\ 
As the Petitioner has not indicated or established that she has received a major, internationally 
recognized award, she 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 found that the Petitioner satisfied the 
membership criterion under 8 C.F.R. § 204.5(h)(3)(ii), and the record supports that finding~ For 
example, the evidence indicates that she competed as a member of the women's basketball 
team at the 2008 m 1 · 
In addition, we find that the Petitioner meets the awards criterion at 8 C.F.R. § 204.5(h)(3)(i) and the 
leading or critical role criterion at 8 C.F.R. § 204.5(h)(3)(viii). Specifically, the Petitioner was a 
starting player on a women's professional team that won national 
basketball championships in 2013 and 2016. She was also a starting player for the national 
women's team that earned a bronze medal at the in 2011. The Petitioner's 
supporting evidence includes media coverage demonstrating the national . and international 
recognition of her championship awards . Furthermore , the evidence shows that the Petitioner has 
· 1 The record shows that only twelve national basketball teams qualify to compete in the 
competitive process. 
2 
through an arduous 
.
·. Matter of D-S-
performed in a critical role for distinguished organizations such as the women ' s team that 
earned an berth and a professional 
women's team.2 Accordingly, the record demonstrates that she has satisfied at least three of the ten 
regulatory criteria. 
B. Final Merits Determination 
I 
As the record satisfies at least three of the regulatory criteria at 8 C.F.R . § 204.5(h)(3)(i)-(x), we will 
analyze the Petitioner ' s accomplishments and weigh the totality of the evidence to determine if her 
successes are sufficidnt to demonstrate that she. has extraordinary ability in the field of endeavor. 
We evaluate whether she has demonstrated, by a preponderance of the evidence, that she has 
sustained national or intematio·nal acclaim and that her achievements have been recognized in the 
field through extensive documentation, making her one of the small percentage who have risen to the 
very .top of 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. In the present matter , 'the Petitioner has shown his 
eligibility for this classification . 
The Petitioner has competed for in Tennessee 3, national and teams, 
and various professional teams in the top women ' s division in Europe 4 as a critical member of their 
basketball teams. While competing for these teams, she won nationally recognized competitions 
such as and national basketball championships (2013 and 2016), as 
well as being selected as Most Valuable Player of the Finals of the In addition, her 
bronze medal at the (20 l 1) further demonstrates international recognition . in 
her sport . Regarding the Petitioner ' s performance at the sports coverage 
from states that she received "the highest points award with 13 l points " (averaging 
"16 .375 points per.;game") and "made the continent Top-5 list." 
Furthermore, at the 2008 in the Petitioner represented and had the 
second most rebounds per game among all players from the twelve qu,,alifying teams, 5 
has also honored her as the 
(2011). The record includes coverage of the Petitioner's basketball accomplishments dating from ' . 
the late 2000s until the Form I-140 was filed in 2016 in a variety of media outlets including 
Eurobasket.com , Afrobasketcom , ESPN .com , FIBA.com 6, Basketfeminin.com , and · L 'Avenir (a 
2 The record includes media coverage and basketball statistics showing that the Petitioner played a key role for the 
national team and and that these teams had a distinguished reputation. "' 
3 While playing for her team won the 
in 2006 . 
4 The evidence shows that the Petitioner has played under contract for professional basketball teams in 
5 For example , top rebounder 
ranked fifth in rebounds per game avera ging 8.4, while the Petitioner ranked second averaging 10.0 per game . 
The Petitioner 's high statistical ranking relative to other elevates her to the very top of her sport at the 
international leve l. 
· 6 is the official website of the -----------~ the gover.ning body for the sport of 
3 
Matter of D-S~ 
Belgian newspaper). This evidence sets the Petitioner apart through a '1career of acclaimed work in 
the field." See H. Rep. No. 101-723, at 59 (Sept. 19, 1990). 
In summary, the- Petitioner has demonstrated her extraordinary ability as a professional basketball 
player. The totality of the evidence establishes that she possesses a level of expertise that is 
consistent with a finding that she is one of a small percentage at the very top of the field of endeavor 
and that she has documented sustained acclaim. 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 of Price, 20 l&N Dec. 953, 956 
(Assoc. Comm'r 1994). 
III. CONCLUSION 
The Petitioner has established that she meets at least three of the evidentiary criteria listed at 
8 C.F.R. § 204.5(h)(3)(i)-(x). She has also demonstrated sustained national and international 
acclaim and that her achievements have been recognized through extensive documentation. Lastly, 
the Petitioner has shown that she intends to continue working in her area of expertise and that she 
will substantially benefit prospectively the United States. She therefore qualifies for classification as 
an individual of extraordinary ability. 
ORDER: The appeal is sustained. 
Cite as Matter ofD-S-, ID# 2025090 (AAO Feb. 13, 2019) 
\ 
basketball worldwide. 
4