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EB-1ASports and athleticsEmployerDecided 2009Dismissed

Outcome: Dismissed

Jul292009_04B2203

AwardsNot metHigh salaryNot metMembershipNot metFinal meritsNot met

Our summary

Professional baseball player seeking EB-1A. Claimed single award, Major League Baseball membership, and high salary. AAO found award temporally distant, membership based on employment rather than achievement, and salary documentation not temporally relevant. Overall evidence insufficient to show sustained national or international acclaim at the very top.

Official PDF

Official PDF ↗

Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.

No criterion in the table was found met in this decision.

What was missing

  • Awards · Single award received nine years prior to filing not consistent with sustained acclaim requirement
  • High salary · Salary documentation from 2008 cannot establish compensation level prior to petition filing in 2007
  • Membership · Major League Baseball membership is based on employment activity not outstanding achievement as essential condition; evidence of requirement lacking
  • Final merits · Overall evidence does not demonstrate sustained acclaim or placement at very top of athletics field

Criteria

CriterionReadingWhy
AwardsNot metSingle award received nine years prior to filing not consistent with sustained acclaim requirement
High salaryNot metSalary documentation from 2008 cannot establish compensation level prior to petition filing in 2007
MembershipNot metMajor League Baseball membership is based on employment activity not outstanding achievement as essential condition; evidence of requirement lacking
Final meritsNot metOverall evidence does not demonstrate sustained acclaim or placement at very top of athletics field

A published decision describes one case. It is not legal advice and not a prediction for yours.

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