Muni v. INS

Craig Muni (plaintiff), a longtime NHL defenseman, played seven seasons with the Edmonton Oilers, helping the team win three Stanley Cup championships, posted one of the team's best plus-minus ratios, and was recognized by national hockey publications as a top hitting and underrated defenseman, though his salary was only slightly above average for his position. Muni petitioned the INS for an immigrant visa as a worker of extraordinary ability, supported by affidavits from eight other NHL players attesting he was among the best defensemen in hockey; the INS denied the petition and its Administrative Appeals Unit affirmed, and Muni sought review in federal district court, where both sides moved for summary judgment.

Whether an athlete who shows above-average, but not clearly elite, ability in a professional sports league qualifies for priority immigration treatment as a worker of extraordinary ability.