Judo Coach Earns EB-1 'Extraordinary Ability' Green Card: Matter of K-S-Y-, ID# 14269 (AAO Mar. 9, 2016)

Matter of K-S-Y-, ID# 14269 (AAO Mar. 9, 2016) - "Today we have occasion to explore how an individual may demonstrate eligibility for a first preference immigrant visa during a career transition from competing as an athlete to coaching the next generation of athletes.

The Petitioner, a judo expert, seeks classification as an individual "of extraordinary ability" in athletics (judo). See Immigration and Nationality Act (the Act) section 203(b )(1 )(A), 8 U.S.C. § 1153(b)(l)(A). This immigrant classification is available to foreign nationals 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, Texas Service Center, denied the petition. The Director concluded that the Petitioner had not satisfied the initial evidence requirements set forth at 8 C.F.R. § 204.5(h)(3), which necessitate either (1) evidence of a one-time major achievement, or (2) evidence that meets at least three of ten regulatory criteria.

The matter is now before us on appeal. The Petitioner submits additional evidence and states that the Director erred in finding that fewer than three criteria were established.

Upon de novo review, we will sustain the appeal."