PRICE

Interim Decision #3241

MATTER OF PRICE

In Visa Petition Proceedings

A-29928422

Designated by the Acting Associate Commissioner,

Examinations, December 29, 1994

An alien seeking immigrant classification under section 203(b)(1)(A) of the Immigra-

tion and Nationality Act, 8 U.S.C. § 1153(b)(I)(A) (Supp. V 1993), has clearly

established that he is an alien with extraordinary ability in athletics when he has won

such internationally recognized competitions as the 1983 World Series of Golf and the

1991 Canadian Open, ranked 10th on the Professional Golfers' Association Tour in

1989, collected eainings in 1991 totalling $714,389, provided numerous affidavits and

letters of support from well-known and celebrated golfers and other experts in the field,

and received widespread major media coverage for his ability on the golf course.

ON BEHALF OF PETITIONER: Steven M. Las:0k, Esquire

Gardere & Wyne

1601 Elm Street, Suite 2600

Dallas, Texas 75201

The preference visa petition was approved by the director, Southern

Service Center, who certified his decision to the Associate Commis-

sioner for Examinations of the Immigration and Naturalization

Service. The director's decision will be athrmed. 1

The petitioner seeks immigrant classification pursuant to section

203(b)(1)(A) of the Immigration and Nationality Act, 8 U.S.C.

§ 1 153(b)(1)(A) (Supp. V 1993), as an alien of extraordinary ability in

the field of athletics. The director determined that the petitioner

qualifies as an alien of extraordinary ability in the field of golf and that

his proposed employment would prospectively benefit the United

States.

In pertinent part, section 203(b)(1)(A) of the Act provides immi-

grant classification to an alien 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

I This decision was originally entered on March 27, 1992. The matter has been

reopened on Service motion for the limited purpose of incorporating revisions for

publication.

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and whose achievements have been recognized in the field through extensive

documentation,

(ii) the alien seeks to enter the United States to continue work in the area of

extraordinary ability, and

(iii) the alien's entry to the United. States will substantially benefit prospectively the

United States.

The term "extraordinary ability," as used in this section and

defined at 8 C.F.R. § 204..5(h)(2) (1994), means a level of expertise

indicating, that the individual is one of that small percentage who have

risen to the very top of the field of endeavor.

A petition for an alien of extraordinary ability must be accompa-

nied by evidence that the alien has sustained national or international

acclaim and that his or her achievements have been recognized in the

field of expertise. As provided in 8 C.F.R. § 204.5(h)(3) (1994), such

evidence shall include evidence of a one-time achievement (that is, a

major, internationally recognized award) or at least three of the

following:

(i) Documentation of the alien's receipt of lesser nationally or internationally

recognized prizes or awards> for excellence in the field of endeavor,

(ii) Documentation of the alien's membership in associations in the field for which

classification is sought, which require outstanding achievements of their members, as

judged by recognised national or international experts iu their disciplines or fields;

(iii) Published material about the alien in professional or major trade publications or

other major media, relating to the alien's work in the field for which classification is

sought. Such evidence shall include the title, date, and author of the material, and

any necessary translation;

(iv) Evidence of the alien's participation, either individually or on a panel, as a judge

of the work of others in the same or an allied field of specification for which

classification is sought;

(v) Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-

related contributions of major significance in the field;

(vi) Evidence of the alien's authorship of scholarly articles in the field, in professional

or major trade publications or other major media;

(vii) Evidence of the display of the alien's work in the field at artistic exhibitions or

showcases;

(viii) Evidence that the alien has performed in a leading or critical role for

organizations or establishments that have a distinguished reputation;

(ix) Evidence that the alien has commanded a high salary or other significantly high

remuneration for services, in relation to others in the field; or

(x) Evidence of commercial successes in the performing arts, as shown by box office

receipts or record, cassette, compact disk, or video sales.

The fact that an athlete may be performing at the so-called "major

league" level does not mean that he or she automatically meets the

extraordinary ability standards. Supplementary information to Service

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regulations regarding aliens of extraordinary ability notes the follow-

ing:

Performance at that [major league] level may frequently help to establish that the

athlete meets several of the listed criteria. However, section 203(b)(1)(A)(i) of the

Act, as amended by section 121(a) of Public Law 101-649, states that the alien's

extraordinary ability must be "demonstrated by sustained national or international

acclaim." Not all athletes, particularly those new to major league competition, would

be able to meet this standard. A blanket rule for all major league athletes would

contravene Congress' intent to reserve this category to "that small percentage of

individuals who have risen to the very top of their field of endeavor."

56 Fed. Reg. 60,897, 60,899 (1991).

The petitioner, a native and citizen of Zimbabwe, has been a

professional golfer since 1977. The record reflects his winning the

1980 Swiss Open, finishing second in the 1982 Open Golf Champion-

ships, and securing the South African Order of Merit in 1982 and

1983. The petitioner also won the 1983 World Series of Golf. In 1991,

he was victorious in both the Byron Nelson Classic and the Canadian

Open. The petitioner's tournament winnings exceeded $266,000 in

1988, $295,000 in 1989, and $400,000 in 1990. His 1991 earnings

totaled $714,389.

According to the Professional Golfers' Association ("PGA -) Official

Statistics Profile, the petitioner had an all-around ranking of 10th on

the PGA Tour in 1989. His money winnings in 1990 ranked him 26th

and he finished 1991 ranked 7th in earnings for the entire PGA Tour.

This is significant in view of' the fact that there are more than 10,000

professional golfers in the world and over 600 playing professionals in

the combined U.S. PGA Tours.

The record contains numerous affidavits in support of the petition

from such well-known and celebrated golfers as Jack Nicklaus, Lee

Trevino, Hale Irwin, Craig Stadler, and Tom Kite. As a result of

witnessing the petitioner's play on the PGA Tour since 1982, his play

on the European Tour, and his 1983 World Series of Gold Champion-

ship, acclaimed golfer Ben Crenshaw states that the petitioner "has

achieved widespread international recognition and universal acclaim."

Similarly, the Commissioner of the PGA Tour, Deane Beman, as well

as other experts in the field of golf have submitted letters attesting to

the petitioner's accomplishments in the sport.

The petition is also supported by numerous articles in such national

publications as Golf Digest and Golf Magazine regarding the petition-

er and his ability on the golf course. Virtually every major newspaper

has covered the petitioner's progress in the world of golf. "[The

petitioner] rightfully can take his place among the upper echelon [of

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professional golfers]," reported USA Today, 2 for example, after the

petitioner's victory on the PGA Tour in 1991.

Upon careful review of the record, it is concluded that the petitioner

has clearly demonstrated that he is within the small percentage of

individuals who have risen to the very top of the field of golf. The

evidence submitted establishes that the petitioner has sustained

national or international acclaim and that his achievements have been

recognized in the field of golf. As a result, the petitioner qualifies as an

alien of extraordinary ability in athletics. 3

Further, the petitioner has demonstrated that he will continue to

work in his area of expertise in the United States. Given the enormous

popularity of golf in this country with its 13,004 courses and 24.8

million golfers,4 it must be concluded that entry of a player of the

petitioner's ability will substantially benefit prospectively the United

States.

The burden of proof in these proceedings rests solely with the

petitioner. Matter of Ma, 20 I&N Dec. 394 (BIA 1990); Matter of

Sandoz Crop Protection Corp., 19 I&N Dec. 666 (Comm. 1988);

Matter of Brantigan, 11 I&N Dec. 493 (BIA 1966). The petitioner has

sustained that burden. The director's decision, therefore, will be

affirmed.

ORDER: The director's decision is affirmed.

2 Hershey, Price's Tag Now Can Be Changed, USA Today, May 6, 1991, at C3.

3 1t should be noted that since this decision was originally rendered, the petitioner has

had 17 victories, including PGA Championships in 1992 and 1994, as well as the 1994

Belt Canadian Open and 1994 British Open. He is the first to win the British Open and a

PGA. Championship in the same year since Walter Hagen in 1924. Golf Digest named

him its Byron Nelson Award winner in 1993 and 1994 0 as well as the 1994 World Player

of the Year. Additionally, since 1992, the petitioner has achieved 48 top-ten finishes in

85 tournaments.

The petitioner has also achieved distinction as PGA Tour Player of the Year (1993 &

1994), PGA Player of the Year (1993 & 1994), Golf Writers Association of America

Male Player of the Year (1993), Jim Thorpe Mens Golfer of the Year (1993), ESPN

Golfer of the Year (1993), and Arnold Palmer Leading Money Winner (1993 & 1994).

In 1993, he receiveds the Vardon Trophy.

According to the current SONY Rankings, the petitioner is ranked number one in

professional golf. "By any standard," reports The Washington Times, August 15,

1994, at 131, "(the petitioner] is the world's best golfer." Similarly, in the cover story

for its January 1995 issue, Golf Digest labels him, "The best player on the planet."

4 Golf Magazine's Encyclopedia of Golf, at 32 (1993).

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