Case Study: AAO Sustained an EB1-A Appeal of a Petition for a Chess Player

by Victoria Chen, Esq., J.D.

Background: The petitioner seeks classification as an employment-based immigrant pursuant to section 203(b)(1)(A) of the Immigration and Nationality Act (the Act), 8 U.S.C. s 1153(b)(1)(A), as an alien of extraordinary ability. The director determined that the petitioner had not established the sustained national or international acclaim required for classification as an alien of extraordinary ability as a Chess Player.

USCIS Decision: The director determined the petitioner had not established that the beneficiary qualifies for classification as an alien of extraordinary ability.

Evidence :

The petitioner submitted supporting evidence including :

1. his impressive national and world chess rankings;

2. his international grandmaster title, material regarding the significance of this title;

3. evidence of membership in associations,

4. several notable news articles and tournament results, including award certificates;

5. Reference letters from highly distinguished members of the field, including International [IDENTIFYING INFORMATION REDACTED BY AGENCY]who characterizes the petitioner’s recent two and a half point lead over other Grand Masters “just phenomenal” and “rare in International Grand Master level chess tournaments.”

AAO decision The AAO first mentioned the concern of the USCIS: “The Service disagrees that all athletes performing at the major league level should automatically meet the “extraordinary ability” standard. . . . A blanket rule for all major league athletes would contravene Congress’ intent to reserve this category to “that small percentage of individuals who have risen to the very top of their field of endeavor.”

Nevertheless, the AAO decided that the petitioner has satisfied the burden of proof of extraordinary ability by citing a precedent case. “Consistent with Matter of Price, 20 I&N Dec. 953 (Act. Assoc. Comm’r. 1994), we find the evidence of record sufficient to establish that the petitioner has demonstrated his eligibility for the classification sought. Specifically, upon careful review of the record, it is concluded that the petitioner has demonstrated by a preponderance of the evidence that he is within the small percentage of individuals who have risen to the very top of the field of chess. The evidence submitted establishes that the petitioner has sustained national or international acclaim and that his achievements have been recognized in the field of chess. As a result, the petitioner qualifies as an alien of extraordinary ability.”

from Chen Immigration Law Associates

North America Immigration Law Group (Chen Immigration Law Associates) is a U.S. immigration law firm dedicated to representing corporations, research institutions, and individuals from all 50 U.S. states regarding I-140 immigration petitions. We specialize in employment-based immigration petition and have a proven record of high success rate for the categories of: EB2-NIW (National Interest Waiver), EB1-A (Alien of Extraordinary Ability) and EB1-B (Outstanding Researcher/Professor).

Our Ten Thousand I-140 Approvals Provide Unprecedented Insight into the USCIS Adjudication Trend

With 11,000 EB-1A, EB-1B and EB-2 NIW approvals, we have first hand information on the manner in which the USCIS adjudicate I-140 cases. As the USCIS has constantly changed its adjudication standards for the EB-1A, EB-1B and EB-2 NIW categories, our firm's huge database of successful cases gives you unprecedented insight to USCIS adjudication trends. We carefully analyze the data for all of our cases and apply the results of our analyses toward giving our clients up-to-date advice and adapting our strategies such that we remain on par with the ever-shifting landscape of immigration law in the U.S. With us, you will always have access to important updates, strategies, and information so that you can make the most informed decisions about your case.

We Have Helped Hundreds and Thousands of Clients with Credentials and Backgrounds Similar to Yours

With our exceedingly large number of successful petitions, no matter what credentials you have, no matter your background and field of expertise, no matter your visa status or nationality, chances are we have helped hundreds or even thousands of clients just like you. Our clients are usually impressed with how well we understand their research and work. Our insight and understanding stems from the fact that we have handled many cases with elements similar to yours already, and this helps us devise the best strategies for each individual petition.

Vast Majority of Clients Came to Us Because of Referrals

For years, our firm has attracted new clients based solely on word of mouth, recommendations, and the positive collaboration experiences shared with them by their friends and family. We take pride in our reputation and work hard to ensure that we provide a green card application experience that our clients are happy to share with their friends and colleagues. That is how our approvals grew from 600 in 2013 to more than 3,000 in 2017.

approval_table_2017

If you are interested in filing the green card, please send your CV to law@wegreened.com for our free evaluation. Our attorneys will email you back with the evaluation result within 24 hours.

Approval Notices: http://www.wegreened.com/eb1_niw_approvals

Success Stories: http://blog.wegreened.com/

Website: www.wegreened.com

Free evaluation email: law@wegreened.com

Tel: 888.666.0969 (Toll Free)


To see more clients’ testimonials and approvals, please refer to:

Client's Testimonials

Approval Notices

To Learn More About Your Options CLICK HERE


Copyright © North America Immigration Law GroupWeGreened.com, All Rights Reserved.


Leave a Reply