## Facts

- Craig Muni, a Canadian citizen, was a professional National Hockey League (NHL) defenseman.
- He played as a regular defenseman on Edmonton Oilers teams that won multiple Stanley Cups during his tenure.
- His defensive performance included elite plus-minus rankings, including a top-four league ranking in one season.
- Media sources recognized him with league-wide accolades (e.g., being rated “most underrated defenseman” and listed among top hitting defensemen).
- He earned compensation above the average salary for NHL defensemen during the relevant period.
- He submitted numerous articles about his career and affidavits from eight veteran NHL players attesting that he was highly regarded and among the best defensemen.
- He filed an I-140 petition seeking EB-1 classification as an immigrant of extraordinary ability in athletics under INA § 203(b)(1)(A).
- The INS service center director denied the petition, and the Administrative Appeals Unit affirmed.
- Muni filed suit in federal district court; the parties filed cross-motions for summary judgment.

## Issues

1. Whether Muni’s evidence satisfied the regulatory requirements for classification as an alien of extraordinary ability in athletics under INA § 203(b)(1)(A) and 8 C.F.R. § 204.5(h).
2. Whether the INS acted unlawfully by denying the petition despite evidence of sustained acclaim, high-level professional achievement, and satisfaction of multiple regulatory evidentiary categories.

## Decision

- The court granted Muni’s motion for summary judgment and denied the INS’s motion.
- The court set aside the agency denial, concluding the record established Muni qualified as an alien of extraordinary ability.
- The court found the agency applied the extraordinary-ability criteria too restrictively to the evidence of a professional athlete’s achievements and recognition.

## Legal Principles

- EB-1 extraordinary-ability classification requires sustained national or international acclaim and proof that the alien is among the small percentage at the very top of the field.
- Under 8 C.F.R. § 204.5(h), a petitioner may qualify by presenting a major internationally recognized award or by submitting evidence meeting at least three listed evidentiary categories.
- Evidence must be evaluated in context and for its probative value as a whole; adjudication should not be a mechanical checklist that disregards credible, relevant proof.
- For professional athletes, sustained success and recognition in a premier league, supported by objective performance indicators, media coverage, peer testimony, and above-average compensation, may satisfy the extraordinary-ability standard.
- On judicial review of agency action, the court may set aside a denial that reflects an unreasonable application of the governing statute and regulations to the administrative record.

## Conclusion

The court held that Muni’s documented NHL career, performance indicators, media recognition, peer affidavits, and above-average salary satisfied multiple regulatory evidentiary categories and collectively demonstrated extraordinary ability in athletics, requiring reversal of the INS’s denial of his EB-1 petition.


Muni v. INS, 891 F. Supp. 440 (N.D. Ill. 1995)