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17 Sports Litig. Alert [1] (2020)

handle is hein.hackneytwo/sptla0017 and id is 1 raw text is: Return to Archives Home Page I Sports Litigation Alert Home Page January 17, 2020 U.S. Citizenship and Immigration Services Denials in Extraordinary Ability Category on the Rise By Amy L. Peck & Gregg E. Clifton, of Jackson Lewis Is it a significant achievement to make it onto a national sports team? Would winning a top-ten spot in a European championship constitute an award for excellence? Would being one of a duo who were U.S. junior ice dance champions constitute an internationally recognized prize? These are questions U.S. Citizenship and Immigration Services (USCIS) has answered in the negative in denying extraordinary ability (EB-1) permanent resident (green card) petitions. The rise in these denials, like the steep increase in denials of employment visas, including H-1B and L-1 visas, results from President Donald Trump's anti-immigration policies affecting legal and illegal immigration. The approval rate for the extraordinary ability category at the end of the Obama Administration was 82.1%. For FY2018, the rate fell to 69.4%, and the rate likely will be around 56.3% for FY2019. To qualify for an EB-1 green card, a foreign national must demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. The achievements must be proven through extensive documentation. Scientists, artists, and others who would have qualified easily for EB-1 visas before are facing newly heightened standards. Cases involving athletes are particularly illustrative of this. Unless an athlete has evidence of a one-time achievement, such as a universally recognized Olympic medal, an individual must show that he or she meets at least three out of 10 criteria set out in the regulations to prove eligibility. As the criteria lend themselves to subjectivity, case decisions are not only influenced by law and policy, but also the adjudicator's opinions. The athlete EB-1 extraordinary ability petition brings elite athletes to the U.S. as permanent residents, a critical step that is required before becoming a U.S. citizen. Foreign-born athletes cannot be members of the U.S. Olympic team without U.S. citizenship in hand. Reportedly, Christina Carreira, a Canadian,

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