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Green Card for Shaolin Kung Fu Master

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 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 prices 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 Chinese and International Wushu Championships.   Second, we submitted evidence of my client’s membership in the Shaolin Temple, an association which require 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 have risen to the very top of his field and has sustained national or international acclaim.   It 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).

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Arizona Immigration Attorney Announces Recent Legal Immigration Cases via K-1 and E-2 Investor Visas

Irena Juras, Phoenix, AZ based immigration lawyer assisted another two clients in finalizing their U.S. immigration cases.

Phoenix, AZ (September 9, 2014) – Citizens of countries outside the United States seek to immigrate to the U.S. for many reasons, often times financial, but others a matter of the heart. Recently, Irena Juras of the Juras Law Firm assisted two clients who fell into those categories: a Canadian citizen who wanted to legally invest in a U.S. based company and a U.S. citizen who wanted to immigrate his Philippine born fianceé.

The first case involved a Canadian investor who wished to take advantage of the E-2 Treaty Visa, commonly an alternative to the EB-5 Investor Visa.  This type of visa allows a national of a treaty country to enter the United States to develop and direct a business in which (s)he invested, or in which (s)he is actively in the process of investing, a “substantial” amount of capital.  In this case, the gentleman sought to invest in an Arizona based retail business, his E-2 Investor Visa was approved by the U.S. Embassy in Toronto in late August.

Irena second case involved a young couple who sought to get married in the United States.  Irena’s client, a U.S. born citizen, engaged Juras Law Firm to help his fiancée in the Philippines acquire a fiancée (K-1) visa to the United States.  What’s notable about this case is the fact that the fiancée was able to get the visa in only two months, whereas the average processing time is normally five months.  The fiancée legally entered the U.S. and was married within 90 days.  Irena then filed the application to adjust status to a conditional resident status which was approved in three months.

“While most people see the negative headlines associated with immigration, I’m happy to highlight the many benefits of legal immigration to our country, whether it is for investment purposes or assisting two people who love each other in getting married,” commented Irena Juras.
About Juras Law Firm

Named a Top Immigration Lawyer by North Valley Magazine and Avvo, Irena Juras  is a highly respected attorney throughout the U.S. and overseas. As head of Juras Law Firm, an Immigration and Bankruptcy Law Firm in Phoenix, AZ, Irena is an immigrant herself from the Czech Republic, studying and practicing law in the Czech Republic before moving to the United States. Irena is currently licensed to practice law in both Arizona and New York. The firm has represented clients in international transactions, immigration matters and international bankruptcies from over 60 countries and 6 continents. Irena has 19 years experience in immigration law and bankruptcy.

 

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EB-5 Visa Helps Canadian Investors Thrive in Growing U.S. Economy

Irena Juras, top U.S. immigration lawyer, sees uptick in number of Canadians investing in the Southwest.

Phoenix, AZ (August 25, 2014) – Taking advantage of a burgeoning marketplace and a flourishing economy, especially in energy-rich states, many Canadian investors are choosing to take advantage of the EB-5 Visa program.

Foreigners with at least $500,000 capital wishing to pursue permanent residency in the United States may apply for an EB-5 Visa.  The program, created by Congress, is a way to create more jobs and stimulate the economy. This program requires that foreigners invest at least $500,000 and create 10 full time jobs for U.S. employees within two years. The standard investment for an EB-5 visa is $1,000,000 or $500,000 if the candidates invest in rural areas or targeted employment areas. When investing in commercial real estate, such as an apartment building, which doesn’t create at least 10 jobs, the investor has the option of obtaining an E-2 Visa.

“The affordable real estate market in the southwest combined with a lack of red tape to start a new corporation has really boosted the number of Canadians investing in the U.S.,” explained Irena Juras of the Juras Law Firm.

Demand among foreign investors is increasing, though there is a limit of 10,000 visas issued per year including spouses and dependents.  Of the 10,000 EB-5 visas which are available annually, 3,000 of the visas are reserved for investors of Regional Centers.   Regional Centers are economic units that promote job creation and investment in a specific region of the U.S.
About Juras Law Firm

Named a Top Immigration Lawyer by North Valley Magazine and Avvo, Irena Juras  is a highly respected attorney throughout the U.S. and overseas. As head of Juras Law Firm, an Immigration and Bankruptcy Law Firm in Phoenix, AZ, Irena is an immigrant herself from the Czech Republic, studying and practicing law in the Czech Republic before moving to the United States. Irena is currently licensed to practice law in both Arizona and New York. The firm has represented clients in international transactions, immigration matters and international bankruptcies from over 60 countries and 6 continents. Irena has 16 years combined experience in immigration law and representing debtors, creditors and trustees in bankruptcy proceedings.

 

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USCIS Processing Times for EB-5 Investor Visas (Green Cards) Released

The U.S. Citizenship and Immigration Services released an updated processing report for EB-5 investor visa applications.  EB-5 investor visas are permanent visas (green cards) for investors who invest $1 million (or $500,000 in targeted employment areas) and create 10 jobs.  The average processing time for an EB-5 investor visa application is now 13.2 months.  Once the application is approved, the investor receives a conditional permanent resident status for two years.  Then, within 90 days before the second anniversary of obtaining the conditional permanent resident status, the investor has to file a petition to remove conditions on his or her residence.  The average processing time to remove conditions on residence is 7.9 months.  The investors who do not want to be actively involved in directing their investment, can invest through one of the approved regional centers.  The processing time for an application to designate a regional center is 5.4 months.  If you would like to discuss the best way to obtain EB-5 investor visa (green card), CALL us TODAY at 480-425-2009 or contact us via our website, and experienced EB-5 investor visa attorney will help you!