sustained EB-1A Case: Field Hockey Coach

U.S. Citizenship 
and Immigration 
Services 
MATTER OF L-P-
APPEAL OF TEXAS SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JUNE 25, 2019 
PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a field hockey 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 Texas Service Center denied the Form 1-140, Immigrant Petition for Alien 
Worker, concluding that the Petitioner had met three of the ten initial evidentiary criteria, as 
required, but that he did not establish eligibility in the final merits analysis. 
On appeal, the Petitioner cites the evidence submitted previously and contends that he qualifies as an 
individual of extraordinary ability. 
Upon de nova 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 in 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 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 
Matter of L-P-
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, 
internationally recognized award). Alternatively, he or she must provide documentation that meets 
at least three of the ten categories of evidence listed at 8 C.F.R. § 204.5(h)(3)(i)-(x) (including items 
such as awards, memberships, and published material in certain media). 
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). 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 of Chawathe, 25 I&N Dec. 369, 376 (AAO 2010). 
II. ANALYSIS 
The Petitioner is an assistant field hockey coach for the University of I As he has not 
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). 
A. Evidentiary Criteria 
The Director found that the Petitioner met the following criteria: published material at 8 C.F.R. 
§ 204.5(h)(3)(iii), leading or critical role at 8 C.F.R. § 204.5(h)(3)(viii), and high salary at 8 C.F.R. 
§ 204.5(h)(3)(ix). We find that the evidence in the record sufficiently establishes that the Petitioner 
meets the requirements for these criteria. 
For published material, he submitted an article about him and his work in the field that was 
published in the Irish Times with sufficient evidence indicating that this is the second highest 
circulated newspaper in Ireland. Regarding a leading or critical role, the record contains evidence of 
his role as the eastern developmental officer and chair of the coaching development panel for 
I I (formerly known as the.__ ________ _.,. In those positions he expanded 
the participation and growth of field hockey in eastern Ireland and played a key role in developing 
the national coaching curriculum set forth by I I As the assistant coach for the 
University ofl I women's field hockey team, he played a critical role in helping the team 
successfully transition into the I l~nd rise in the national rankings. The 
record reflects that these organizations have a distinguished reputation. For high salary, the record 
contains evidence that the Petitioner's salary is high for this position in relation to others in the field 
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Matter of L-P-
as shown by documentation from the U.S. Department of Labor. Because the Petitioner has met 
three of the initial evidentiary criteria, as required, we will discuss the remaining documentation in 
the context of a final merits determination. 
B. Final Merits Determination 
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 his 
successes are sufficient to demonstrate that he has extraordinary ability in the field of endeavor. We 
evaluate whether he 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. Here, the Petitioner has shown his eligibility for this classification. 
As mentioned above, the Petitioner has been featured in published material, has performed a leading 
or critical role for an organization that has a distinguished reputation, and has had a high salary 
relative to others in his field. After reviewing the totality of the evidence submitted in the final 
merits pursuant to Kazarian, the Petitioner has demonstrated that he has sustained national or 
international acclaim and that he is one of the small percentage who have risen to the very top of the 
field. Id. 
For published material, the record contains an article about the Petitioner that was published in the 
Irish Times in 2009 discussing his background in the sport of field hockey and his role as a 
development officer for the I I The record contains evidence of the 
circulation details for the Irish Times, which demonstrates that this article is an indication of the 
Petitioner's national acclaim. 
Regarding his leading or critical roles, the evidence in the record illustrates his roles as a field 
hockey coach and in developing the national coaching programs for Ireland and the United States. 
With respect to his coaching experiences in Ireland,! ~' the strategic development director 
for I I states that in 2007 the Petitioner was named as I I eastern 
development officer. In describing his influence there, ~ notes that this "is a vital role in 
terms of supporting clubs and schools in the province ofc==J which she indicates is "currently 
the largest province in terms of hockey participation with 45 clubs, 212 adult club teams and 65 high 
schools." She adds, "[d]uring his tenure, extremely high participation rates were recorded incl
1
ding
1 ~h of the girls' club game of 44 percent and growth of the boys' club game of 11 percent." 
l__Jthen attests to his positions as chair of the coaching development panel forl I in 
2011, as a "Head Coach Consultant for the Irish Men's Team and a Specialist Coach for the Irish 
Women's~--------~" These positions demonstrate that the Petitioner has been 
entrusted with overseeing the growth of the sport in a prominent region in Ireland for field hockey 
and that his expertise has been sought out by the Irish I I for the men and women, 
indicating that he has risen to the very top of his field. 
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Matter of L-P-
As to his work in developing the national coaching curriculum in Ireland, I I states that the 
Petitioner "was a key person in the development of [their] Coaching Qualifications and Certification 
programs." She adds, "[ w ]ithout his input, the program would not be the success it is today." I I 
I , I the Director General of the I l farther indicates that the 
Petitioner "helped us to develop a coaching and player training curriculum that [is] now the envy of 
the rest of the world." 
.__ ____ __.lalso states that the Petitioner "created an exceptional coaching and core skills DVD for 
hockey coaches and worked tirelessly on la er and coach development, community outreach, and 
I t Coach Education Manager, similarly states 
that the Petitioner "led the development of.___~ ___ _.Long Term Player Development model, 
drawing on his own experience as an international coach." As an indication that others took notice 
of the Petitioner's work in Ireland , the senior manager of coach education forl I I I and a 1996 ~------~states that she immediately reached out to the Petitioner for 
his assistance in creating the national coaching curriculum in the United States due to his successes 
in Ireland. She indicates that he "developed all the tools and resources in Ireland for the training and 
certification for every level of coaches, from grassroots to High Performance and Olympic Level 
coaches and athletes," noting that "[ t ]his coaching education and certification program is considered 
one of the best in the world." This farther establishes the Petitioner's international acclaim as a field 
hockey coach. 
With respect to his experiences in the United States, the Petitioner highlights his roles in coaching 
and in developing the coaching curriculum for I I. I f, the assistant 
athletic director at the University o±1 I indicates that the University recruited the Petitioner 
to help take its women's field hockey program to a higher level. She states that since the Petitioner's 
time with the program beginning in 2012, "the I ~ave seen their highest [national] ranking at 
I I made thel !tournament for the first time since 2008, [and] earned a regular season 
conference championship in 2013." She adds that the impact he has had on the team is clear due to 
the "success of the team and [the] increase in national profile for the program." The record 
demonstrates that the Petitioner has also been the head coach of al I team. 
Both of these experiences farther establish that the Petitioner has risen to the top of his field. 
Pertaining to his work in develo in the coachin curriculum in the United States 
the Executive Director of the~------------;::::====:::;------ discusses the 
Petitioner's role in improving coaching in the United States. I I states that the I I has 
focused on developing the game of field hockey and improving its "level of competitiveness on the 
world stage." He notes, "[i]n doing so, we have discovered the need to create a uniform system of 
education, training, coaching and a certification program to ensure a high quality level of coaching 
and instruction from volunteer school coaches through the elite level professional and national team 
coaches." I I then indicates, "[t]o accomplish this goal and develop this comprehensive 
program we sought the advice and consultation of [the Petitioner], who experienced incredible 
success in farther developing and advancing the sport of field hockey in several countries including 
South Africa, Venezuela, and Ireland." He also adds, "[t]here really is no one else in the U.S. who 
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Matter of L-P-
has the background in developing these types of programs who is also a coach." Similarly, D I I the Director of Coaching Education and Leaming for .__ ______ __, states that the 
Petitioner is one of three individuals who helped create the "standardized coaching curriculum which 
is used throughout the U.S." I I indicates that he "requested [the Petitioner] to be 
involved in the creation of this program due to his successful development of the first standardized 
certification program in Ireland for the '----------~" He notes, "[ w ]hat made his 
certification program unique was that it provided a step-by-step process, with a standardized 
curriculum to be tau~ht through[out] Ireland." He states that they "used his expertise in creating the 
Irish program to help_ I develop a similar standardized program." He indicates that 
after developing the new curriculum, they have run over 35 courses in the United States, with each 
one having approximately 30 registrants. He states that "[t]housands of coaches participate in [the 
coaching clinics] each year." Together with the evidence discussed above, the Petitioner has 
established that he has risen to the very top of his field with national and international acclaim. 
For salary the record contains a letter from I l the Vice President of the University of 
I j stating, "[b]ecause [the Petitioner] was so highly regarded, he became one of the highest 
paid Associate Coaches with [the University ofl I and the sport of field hockey." This is 
another indication that the Petitioner has risen to the top of his field. 
For the reasons stated above, the record establishes that the Petitioner has sustained national or 
international acclaim in the field and is among that small percentage at 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). 
III. CONCLUSION 
The Petitioner has shown 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 and international acclaim and that 
his achievements have been recognized through extensive documentation. He therefore qualifies for 
classification as an individual of extraordinary ability. 
In visa petition proceedings, it is the petitioner's burden to establish eligibility for the immigration 
benefit sought. Section 291 of the Act, 8 U.S.C. § 1361; Matter of Skirball Cultural Ctr., 25 I&N 
Dec. 799, 806 (AAO 2012). Here, that burden has been met. 
ORDER: The appeal is sustained. 
Cite as Matter of L-P-, ID# 1668367 (AAO June 25, 2019) 
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