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Can you recover your attorney’s fee in EB-1 case?

Individuals of extraordinary abilities applying for EB-1 green card are often faced with requests for evidence adding to the cost of the representation and what seems to be arbitrary and capricious decisions. They are often not aware that they may be able to recover attorney’s fees and cost under the Equal Access to Justice Act (EAJA) if they challenge the USCIS decision under the Administrative Procedures Act (APA). They need to prevail against the USCIS in challenging its decision, which was not “substantially justified” and no “special circumstances make an award unjust”.

For example, after Ludovic Pierre Berardo, an extraordinary stop-motion animator, challenged USCIS’s denial, USCIS approved his petition and he recovered $44,672.50 in attorney’s fee and $400 in costs.

Please note that this article does not constitute legal advice.  We simplified the law to provide general information about one aspect of EB-1 process.  If you would like to discuss if you qualify for EB-1 green card based on your extraordinary ability in the sciences, arts, education, business, or athletics, schedule a consultation with an experienced immigration lawyer in Phoenix at www.calendly.com/irena-3 today or call our office at 480-425-2009!

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Attorney Irena Juras Obtains Green Card for Tennis Coach in 11 Days

I love to play tennis, so I was very happy when a foreign-born successful tennis coach and a former Davis Cup reserve team member contacted me and retained me.   He had an O-1 visa and wanted to apply for his legal permanent residence (green card).   We applied under the first preference category (EB-1) and had to submit documentation evidencing that he, a nationally and internationally acclaimed tennis coach, meets at least three of the ten criteria required to establish his extraordinary ability in athletics, specifically tennis coaching.

1) We provided evidence of his original athletic contribution of major significance:

My client has extraordinary skills and abilities as both a tennis champion and a coach.  As a world-class tennis player from a young age, he has deep insight into the on and off court skills to physically and mentally challenge his students and improve their game.  He understands and is able to coach his students through the pressures of the court that come from winning and losing matches, keeping focused, traveling, interviewing, and team dynamics.  Consequently, he has been very successful at training and overseeing several national champions and highly ranked tennis players in various age groups and of both genders.  He developed numerous elite players and help them achieve top national rankings and win tournaments.

2) We provided evidence that my client performs in a leading role for an organization that have a distinguished reputation. The organization is a tennis academy with one of the most successful junior tennis development programs in the United States that were developing world-class athletes for a very long time.  As a world-level athletic development program, this tennis academy required extraordinary coaches who have the expertise to train high-performance players to achieve top national and international rankings.  As the academy high- performance head coach, my client has already contributed greatly to the academy’s program’s success by developing and managing elite players and leading them to impressive results.   My client is an integral part of the academy’s success as evidenced by numerous support letters and academy and his students’ accomplishments.

3) We provided evidence that my client received nationally and internationally recognized prizes and awards, specifically, his ATP and ITA ranking, tournament placements, and awards.

4) We provided evidence of his membership in associations which require outstanding achievement of their members, as judged by recognized national or international experts, specifically that he was a member of National Junior Tennis Team and Davis Cup reserve team member.

5) We also provided evidence of my client’s participation as a judge of the work of others, specifically as a chair umpire.

6) In addition, we provided evidence of published material about my client in professional or major sports publications.

7) Further, we provide evidence of his high salary in relation to others in his field

We had to also show that my client will continue his achievements in the area of tennis coaching and that the approval of the EB-1 petition will substantially benefit the U.S.  The U.S. will certainly benefit from my client’s coaching of U.S. tennis players to improve in their tennis careers, achieve highest rankings, win more Olympic medals for the U.S. and wins for the U.S. Davis Cup team.

Since the evidence clearly showed my client’s extraordinary ability in tennis coaching and that he has risen to the very top of his field and has sustained national and international acclaim, his petition was approved in just 11 days.

If you would like to discuss if you meet the criteria for an extraordinary ability green card, call the immigration attorney Irena Juras at 480-425-2009 or contact her via website TODAY!  We look forward to talking with you and helping you obtain your green card!

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Green Card for Shaolin Kung Fu Master in 3 months

Shaolin Kung Fu Master contacted my office to help him obtain his legal permanent resident status (green card) in the U.S.   He was in the U.S. on P-3 visa, which is a visa for artists and entertainers coming to the United States to participate in culturally unique events.  After a consultation, I determined that the best way to get his legal permanent resident status was to apply under EB-1 category as an individual with extraordinary ability in martial arts, specifically Kung Fu.  INA 203(b)(1)(A). The advantage of this category is that he can self-petition for his green card and does not need a job offer and a time-consuming labor certification from the Department of Labor (certifying that there are no U.S. workers able, willing, available, and qualified for the job).

This type of petition must be filed with the U.S. Citizenship and Immigration Service (“USCIS”) accompanied by evidence that the applicant has sustained national or international acclaim and that his achievements have been recognized in the field of his expertise.  Such evidence has to include evidence of a one-time achievement (that is, a major, internationally recognized award, e.g., Nobel Prize), or at least three of the following:

(1) receipt of lesser nationally or internationally recognized prizes or awards of excellence,

(2) membership in an association in the field of extraordinary ability, which requires outstanding achievement of their members, as judged by recognized national or international experts,

(3) published materials in professional or major trade publications or other major media,

(4) participation as a judge of the work of others,

(5) evidence of original scientific, scholastic, artistic, athletic or business-related contribution of major significance,

(6) authorship of scholarly articles in the field;

(7) artistic exhibitions or showcases,

(8) performance in a leading or cultural role for organizations or establishments that have a distinguished reputation,

(9) high salary or remuneration in relation to others in the field, and

(10) commercial success in the performing arts (with focus on volume of sales and box office receipts).

8 CFR § 204.5(h)(3).  If the above standards do not readily apply to the occupation, comparable evidence may be submitted.   In this case, we submitted evidence that my client satisfied categories 1 through 3.

First, we submitted evidence that my client received numerous nationally and internationally recognized prizes and awards, including those received at the Chinese and International Wushu Championships.   Second, we submitted evidence of my client’s membership in the Shaolin Temple, an association which requires outstanding achievement of its members.  The Shaolin Temple in China is recognized as the world cultural heritage and the history of the Shaolin Temple with its fighting monks has been a very long honored tradition.  My client is one of the small numbers of Kung Fu Masters who was selected by the Shaolin Temple.  There are about 30,000 Kung Fu students surrounding the Temple, only about 100 were chosen by the Temple.   Third, we submitted numerous published materials about my client in professional and other major media.

Once the USCIS reviews the threshold evidence in three categories, it must conduct a final merits determination that considers all the evidence to determine whether the individual is at a level of expertise indicating he is one of that small percentage who has risen to the very top of his field and has sustained national or international acclaim.   In our case, the USCIS took only four months to approve the petition even though the average processing time is substantially longer.

The Immigration and Nationality Act requires that the petition is accompanied by clear evidence that the petitioner is coming to the United States to continue work in the area of extraordinary ability and that his entry into the U.S. will substantially benefit prospectively the United States.   INA 203(b)(1)(A).   In this case, we submitted evidence that my client is managing a Kung Fu organization in the United States and plans to expand it.  His mission is to share the Shaolin culture with the American people.  He has personally taught many people Shaolin Kung Fu, meditation and Buddhism in the United States and plans to continue.   He plans to expand existing free Kung Fu training to include more people who love Kung Fu but are not able to afford it.  He plans to continue teaching meditation so that more people will have the chance to benefit from meditation (such as improvement of physical strength, fitness, flexibility, stress reduction, productivity increase,  health benefits resulting from breathing training, improving confidence).   It was a great pleasure to represent this extraordinary man and help him achieve his dream.

If you would like more information or if you want to make sure you qualify for the “extraordinary” ability green card, please call 480-425-2009 or contact me at www.juraslaw.com/contact-us today!

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EB-1 Extraordinary Ability Visa for Athletes

More and more gifted athletes are being recruited from all over the world to play professionally sports like basketball, football, soccer and baseball in the U.S. In addition, thanks to state-of-the-art training facilities like the one in Colorado Springs, Colorado, more and more athletes are coming to the U.S. to train for events like the Olympics, the World Cup and international bicycle racing. Many of these athletes, professional and amateur alike, often want to establish permanent residency in the United States.

An EB-1 visa is for foreign nationals with extraordinary ability in the sciences, arts, education, business or athletics seeking to establish permanent residency in the United States. To obtain an EB-1 visa, the foreign athlete must be able to demonstrate extraordinary ability in athletics, seek to enter the U.S. to continue in the same field and show that his or her entry will substantially benefit the U.S. The athlete must demonstrate “sustained or international acclaim” and that his or her achievements have been recognized in his or her field.

An example of a foreign professional athlete who has been awarded EB-1 visa and green card is professional golfer Nick Price, a native of Zimbabwe. He has 18 PGA tour wins (3 majors), a former #1 world ranking to his credit and was inducted into the World Golf Hall of Fame.

Another example of a foreign athlete who received EB-1 visa and green card is Robert Cheseret, a Kenyan-born long-distance runner who won the men’s title for the U.S. at the 2011 NACAC Cross Country Championships. Cheseret had a total of eight Pac-10 titles during his career – the most ever by a Pac-10 track and field athlete. Cheseret went on to capture the NCAA West Regional individual crown and was the Pac-10’s top finisher at the NCAA Championships with a tenth-place finish.

The athlete must either show a one-time achievement such as a major internationally recognized award or evidence of three of the ten categories. There are several major advantages for foreign athletes applying for the EB-1 visa. Athletes do not need to obtain labor certification or provide proof of a job offer. Consequently, this method is usually faster way to obtain a green card than applying for EB-2 or EB-3 immigration visa. The foreign athlete must show that (s)he meets all requirements of EB-1 extraordinary ability visa. While some athletes may be able to obtain EB-1 extraordinary ability visa without a lawyer, in order to obtain an approval, it’s advisable to hire an experienced EB-1 extraordinary ability visa attorney. Please call 480-425-2009 today or send us an email and we will help you obtain your EB-1 extraordinary ability visa (green card).