Important Precedent – EB-1A, O-1A and Petitions For Athletics

Legal Arguments:

• The petitioner argued that the beneficiary, being an outstanding golfer, should be considered for a preference classification due to her exceptional ability in the arts. The argument was that, although sports like golf do not require the academic preparation associated with traditional professions, they still require skill and dexterity that can be considered an art form.
• The opposition to the petition was based on the notion that the professions normally require advanced education culminating in a degree or diploma, which is not a prerequisite for sports. Moreover, sports were not seen as falling under the definitions of sciences or arts as commonly understood.

Holding:

The District Director decided in favor of the petitioner, concluding that professional tournament golfers, as entertainers, can indeed be classified within the arts if they have exceptional ability.

Cases and Statutes Relied Upon:

The decision relied on the definitions of "profession," "science," and "art" from the Immigration and Nationality Act and Webster's New Collegiate Dictionary. The term "art" included skill in performance acquired by experience, study, or observation. It also referenced the Code of Federal Regulations regarding evidence required to support claims of exceptional ability in the sciences or the arts.

Legal Implications:

In essence, the case concluded that a professional sport, such as golf, can be considered an "art" for the purposes of immigration classification if the athlete demonstrates exceptional ability. This decision broadened the interpretation of the arts within the immigration context to include skilled entertainment, such as professional sports, recognizing the value and skill involved in these performances. This opened the door for athletes and other entertainers to apply for immigration under the preference classification based on their exceptional abilities.