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motionsummary judgmentwillvisanaturalizationsustainedmotion for summary judgment
motionsummary judgmentwillvisanaturalizationsustainedmotion for summary judgment

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Lee v. Ziglar

Facts

Lee, a citizen of Korea, currently resides in Illinois. Lee is arguably one of the most famous baseball players in Korean history. He played for sixteen seasons as a catcher for the Samsung Lions from 1982-1997. During that time Lee hit a total of 252 home runs with a career batting average of .297. Lee secured a coaching position with the Chicago White Sox for the 2000 season and a temporary visa in the P-1 category. On April 17, 2000, Lee filed a petition with the INS seeking an immigrant visa as a professional baseball coach. The INS denied Lee's petition, noting that although Lee appeared to have been an accomplished baseball player, he had not achieved national or international acclaim as a coach.

Lee, a citizen of Korea, currently resides in Illinois. Lee is arguably one of the most famous baseball players in Korean history. He played for sixteen seasons as a catcher for the Samsung Lions from 1982-1997. During that time Lee hit a total of 252 home runs with a career batting average of .297. Lee secured a coaching position with the Chicago White Sox for the 2000 season and a temporary visa in the P-1 category. On April 17, 2000, Lee filed a petition with the INS seeking an immigrant visa as a professional baseball coach. The INS denied Lee's petition, noting that although Lee appeared to have been an accomplished baseball player, he had not achieved national or international acclaim as a coach.

Issue

Did the INS abuse its discretion in denying Lee's petition for an immigrant visa as a coach of extraordinary ability?

Did the INS abuse its discretion in denying Lee's petition for an immigrant visa as a coach of extraordinary ability?

Rule

To obtain an immigrant visa under 203(b)(1)(A), the applicant must show that: (i) the alien has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim, (ii) the alien seeks to enter the United States to continue to work in the area of extraordinary ability, and (iii) the alien's entry to the United States will substantially benefit prospectively the United States.

To obtain an immigrant visa under 203(b)(1)(A), the applicant must show that: (i) the alien has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim, (ii) the alien seeks to enter the United States to continue to work in the area of extraordinary ability, and (iii) the alien's entry to the United States will substantially benefit prospectively the United States.

Analysis

Lee attempts to gain permanent residence in the United States as an 'alien of extraordinary ability' under 203(b)(1)(A). The INS does not dispute that Lee might qualify as an alien of extraordinary ability as a baseball player. However, the INS argues that Lee failed to establish extraordinary ability as a baseball coach. The INS' determination that Lee was not an alien of extraordinary ability as a baseball coach was reasonable. The record reveals that Lee has not distinguished himself as a coach to such an extent that he has achieved national or international acclaim or risen to the very top of the baseball coaching profession.

Lee attempts to gain permanent residence in the United States as an 'alien of extraordinary ability' under 203(b)(1)(A). The INS does not dispute that Lee might qualify as an alien of extraordinary ability as a baseball player. However, the INS argues that Lee failed to establish extraordinary ability as a baseball coach. The INS' determination that Lee was not an alien of extraordinary ability as a baseball coach was reasonable. The record reveals that Lee has not distinguished himself as a coach to such an extent that he has achieved national or international acclaim or risen to the very top of the baseball coaching profession.

Conclusion

The INS' decision denying Lee an immigrant visa is affirmed. Lee's motion for summary judgment is denied, and the INS' motion for summary judgment is granted.

The INS' decision denying Lee an immigrant visa is affirmed. Lee's motion for summary judgment is denied, and the INS' motion for summary judgment is granted.

Who won?

The Commissioner of the Immigration and Naturalization Service prevailed in the case because the court found that the INS did not abuse its discretion in denying Lee's petition for a visa as a coach.

The Commissioner of the Immigration and Naturalization Service prevailed in the case because the court found that the INS did not abuse its discretion in denying Lee's petition for a visa as a coach.

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