On Friday, the NY Times had a feature article about a failed extraordinary abilities visa case involving an Iranian Olympic athlete in table tennis. The case, which Gafner Law Firm had no affiliation with, reached the Federal District Court after the USCIS denied a case that it initially approved.
Although this case ultimately failed, it provides many key insights into the EB 1-A visa for extraordinary abilities, including:
- The case shows the vast diversity of professions which can utilize the extraordinary visa to obtain permanent residency in the United States. Although many individuals don’t realize it, the Immigration and Nationality Law explicitly states that the extraordinary abilities visa is available to those with expertise in “athletics.” In addition, the case demonstrates that the EB 1-1 visa is open to all athletes, and not just popular, crowd-attracting sports. In addition, the visa is available to athletes in both traditional sports and newly emerging sports (e.g. mixed martial arts, beach volleyball, etc.),
- The case also shows the continuing confusion that exists surrounding the standard required for the extraordinary abilities visa. In this case, the case was initially approved, but was later revoked when the USCIS applied its Kazarian two-step analysis to the petition. The complexity of the extraordinary abilities visa standard requires careful analysis and individuals interested in applying for the visa should seek an experienced extraordinary abilities visa lawyer,
- The case also demonstrates that athletes seeking the visa should strike when the iron is hot. What do I mean by that? Athletes applying for their EB 1-A visa must show that they are at the top of their field – and athletes do not always stay at the top of their field. So, if an athlete gains traction in a sport, and becomes a leading athlete in the field, but waits until the career starts to wane, risks the possibility of no longer being eligible for the visa.
If you are thinking of applying for an Athletics Extraordinary Abilities Visa, please contact the firm for a consultation.