Case Study: EB1-A Appeal of a Wushu Master is Sustained and Petition is Approved by the AAO.

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),as an alien of extraordinary ability as an alien of extraordinary ability as a Wushu coach.

USCIS Decision: The director determined the petitioner had not established that she qualifies for classification as an alien of extraordinary ability. The director also determined that the petitioner had not established that she would be continuing work in her area of expertise.

USCIS’s Reasons of Denial: The petitioner seeks classification as an alien of extraordinary ability as a martial arts teacher and consultant. The director noted that the record does not support a finding that the petitioner has extraordinary ability as a teacher or consultant because most of the evidence supports the alien as an extraordinary athlete. The director therefore determined that the petitioner does not intend to continue work in her area of expertise.

Inconsistant classifications: The AAO noted taht it appears that the petitioner is in fact classifiable as an alien of extraordinary ability as an athlete. The petitioner noted on appeal that the fact that the petitioner was awarded the silver medal at the 1985 Xian International Wushu Invitational Tournament indicates that she was officially recognized as the number two women’s Wushu athlete in the world. It also appears that on one occasion she served as a judge of other Wushu athletes at a competition, based on her status as a renowned Wushu athlete.

The recommendation letters submitted by the petitioner indicate that the beneficiary is a highly talented and accomplished athlete. Additionally, various newspaper articles were submitted which either were written specifically about the petitioner and her accomplishments at various Wushu competitions, or mentioned the petitioner while discussing the sport of Wushu in general.

AAO’s Decision: Regardless of inconsistant classifications, the AAO decided that being an extraordinary athlete is related to being an extraordinary teacher. The AAO opined that the petitioner’s qualifications to be a Wushu coach are clearly based on the knowledge and experience which she gained as a Wushu athlete. It appears that there is a logical nexus between her success and expertise as an athlete and her ability to coach the same sport. As a coach the petitioner will employ the same skills and knowledge which she acquired as an athlete. The petitioner has established extraordinary ability as a Wushu athlete. It is concluded that the petitioner has established that she qualifies as an alien of extraordinary ability pursuant to section 203(b)(1)(A) of the Act.

The AAO therefore decided that the petitioner has met the burden of prrof. Accordingly, the decision of the director was withdrawn, and the appeal was be sustained by the AAO.

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).

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