In  Matter of K-S-Y-, the Administrative Appeals Office (AAO) of U.S. Citizenship and Immigration Services (USCIS) addressed the issue of whether "area of extraordinary ability" or expertise encompasses both athletic competition as well as coaching other athletes.

 

First preference immigrant visa classification is given to foreign nationals who demonstrate extraordinary ability through sustained national or international acclaim and whose achievements have been recognized in their field through extensive documentation.

 

Generally, extraordinary ability is defined as, "a level of expertise indicating that the individual is one of that small percentage who have risen to the very top of the field of endeavor."   To prove extraordinary ability, an applicant must present evidence documenting (1) a one-time achievement (that is, a major, internationally recognized award), or (2) at least three of the ten categories specified by the immigration regulations.  In addition, the applicant must show he or she is coming to the United States "to continue to work in the area of extraordinary ability."

 

In Matter of K-S-Y-, the petitioner was a Korean judo expert who won first place in national or international competitions, and who now endeavored to enter the United States as a judo coach.  The AAO concluded the petitioner's "area of extraordinary ability" may include coaching rather than just the specific occupation (i.e., athlete) within the field.  In reaching this conclusion, the AAO noted it had been only seven months between the petitioners retirement from competition and that he maintained a strong reputation in the field.

 

The AAO further indicated that other career transition scenarios may also be sufficient to prove an applicant will work in his or her "area" of extraordinary ability (e.g., athlete-to-broadcaster or musician-to-instructor).

 

Another significant aspect of the AAO decision relates to the evidentiary category requiring "[d]ocumentation of the alien's membership in associations in the field for which classification is sought..."  The petitioner in this case only provided evidence of his membership in one association, namely the Korean national judo team.  The AAO concluded the applicant satisfied this criterion where he documented membership in one single association rather than multiple associations. 

 

The American Immigration Lawyers Association has requested that USCIS designate Matter of K-S-Y- as an adopted decision.  Until that happens, the decision will not have precedential value.  However, Matter of K-S-Y- can be used as persuasive support for many individuals who seek an EB-1 extraordinary ability visa as coaches or teachers in their area of expertise.     

Feel free to contact our law office if you have questions about applying for a green card based on extraordinary ability, or any other immigration-related questions.