Immigration Opportunities for the World's
Top
Athletes, Artists, Performers, and Scientists
(1.0 hour)
James A. Bach, Attorney at Law
and
Robert G. Werner, Esq.
At a time when Congressional "push-back" is the norm, rather than "let's get the
best and brightest to the U.S.,"
this program addresses the question: what is the Best Strategy to secure a Green Card?
The speakers, each certified by the State Bar of California Board of Legal Specialization as a Certified Specialist in Immigration and Nationality Law, examine the advantages of Priority Worker categories, (avoidance of labor certification, avoidance of China and India EB-2 quota backlogs and self-sponsorship option) and compare this with the advantages of Labor Certification. They discuss how "extraordinary ability" is defined ("sustained national or international acclaim") and how it can be documented in various fields of endeavor. They examine "Outstanding Researchers and Professors," (must be "recognized internationally as outstanding in the academic field"), and related issues such as "what is research" and the nature of qualifying employer sponsorship. They discuss how a professional athlete with an approved labor certification may be accorded EB-2 classification as a person with "exceptional ability in the arts."
The speakers then review the availability of judicial review of agency action, with a
review of Kazarian v. USCIS (9th Cir. 2010) and other court challenges.
They outline evidence accepted by the USCIS to establish "outstanding ability"
and discuss the waiver of labor certification in the national interest (NIW).
Of particular note is the impact of entrepreneur employment creation opportunities
and strategies to consider for this category. The speakers then discuss a range of
issues regarding temporary visas for athletes and actors, and the various standards
for these categories.
This program is approved by for 1.0 hour of Legal Specialization Credit in Immigration & Nationality Law. (The program may also be used for general MCLE credits).
MATERIALS
Detailed four-page outline with case and statutory citations.
ONLINE MATERIALS
U.S. Citizenship and
Immigration Services (USCIS) Employment-Based Second Preference Immigrant Visa Category:
FAQs Regarding Entrepreneurs and the Employment-Based Second-Preference Immigrant Visa Category
Opinion
for: KAZARIAN v. US-CIS, 07-56774: Discussed in Class
(PDF)
20 CFR 656.15(d): Applications
for labor certification for Schedule A occupations:
Includes nurses, physical therapists and those of exceptional ability in the sciences
or arts who must submit documentation from at least two of the enumerated seven groups.
Matter of Price, 20
I&N Dec. 953 (Assoc. Comm. 1994) - a professional golfer could qualify for EB-1
a person of extraordinary ability: (Nick Price)
New York State Department of Transportation, 22 I&N Dec. 215 (Comm. 1998)
(National Interest Waivers)
Available as DVD
195 (DVD)
$49
1.0 hour
To order "Immigration Opportunities for the World's Top
Athletes, Artists, Performers, and Scientists,"
click here
To watch a 20-minute excerpt of this program on YouTube, click here.
CCE is a State Bar of California MCLE approved provider.