Grimson v. Immigration and Naturalization Service

Allan Stuart Grimson (plaintiff) was a citizen of Canada and a professional hockey player who played in the National Hockey League (NHL) as an enforcer for the Detroit Red Wings. In 1993, Grimson filed a visa petition with the Immigration and Naturalization Service (INS) as a worker of extraordinary ability. The INS denied Grimson’s petition because he failed to establish that he possessed extraordinary ability, and the Administrative Appeals Unit (AAU) affirmed the denial. Grimson then filed an action with the district court, which remanded the case to the INS with instructions to compare Grimson’s application to those of other professional hockey players of who had been granted a visa as workers of extraordinary ability. The INS again denied Grimson’s petition, and the AAU affirmed the denial. Grimson again filed an action in court, and the court again remanded the case to the INS with instructions that Grimson was to submit, and the INS was to consider, evidence comparing Grimson’s skill, salary, and other abilities with those of professional hockey players who played in the same position as Grimson. Grimson then offered evidence of his salary and contract with the Detroit Red Wings, a table from Hockey News showing player salaries, newspapers, and magazine articles about Grimson. Grimson also offered an affidavit from Darren Pang, a former renowned professional hockey player and recognized expert in the field, declaring that Grimson was the third highest rated and paid enforcer in the NHL, and was the fifth highest rated in 1993 when he filed his original application. The INS again denied Grimson’s petition, and the AAU affirmed the denial. Grimson again filed an action with the court.