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!
