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The
Response to EB1 Request For Evidence Notice in the Field of
Sport |
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The
Response to EB1 Request For Evidence Notice in the Field of
Sport |
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William, I was an excellent athlete in one field. For my EB1 Extraordinary Ability Green Card petition, I received a Request For Evidence notice from USCIS for the question of continuing to work in the area of expertise as a coach in the field, how could I reply the Request For Evidence? Answer, To qualify as a person with extraordinary ability for the EB1 Extraordinary Ability petition, the beneficiary must intend to continue to work in the area of his or her expertise in the United States. For the Request For Evidence of the EB1A petition, the USCIS officer may encounter instances where it is difficult to determine whether the applicant's intended employment falls sufficiently within the bounds of his or her area of extraordinary ability. For example, some of the most problematic cases are those in which the applicant's sustained national or international acclaim is based on his or her abilities as an athlete, but the beneficiary’s intent is to come to the United States and be employed as an athletic coach or manager. Competitive athletics and coaching rely on different sets of skills and in general are not in the same area of expertise. However, many extraordinary athletes have gone on to be extraordinary coaches. If you had an extended period of time to establish your reputation as a coach beyond the years in which you had sustained national or international acclaim as an athlete, depending on the specific facts, USCIS officers may place heavier, or exclusive, weight on the evidence of the beneficiary’s achievements as a coach or a manager. Therefore, if a beneficiary has clearly achieved recent national or international acclaim in one field, and has sustained that acclaim in another similiar field at a national level, USCIS officer can consider the totality of the evidence as establishing an overall pattern of sustained acclaim and extraordinary ability, such that USCIS officer can conclude that the experience in the similiar field is within the beneficiary’s area of expertise. |
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