Can I Use My BJJ Black Belt As Evidence For An O-1 Visa?

Question: I have a black belt in Brazilian Jiu Jitsu (BJJ). Can I use that as evidence for my O-1 visa petition?

Reply: If you are seeking O-1A visa status as an athlete, you may be able to use your BJJ black belt as evidence for the petition, but U.S. immigration has disregarded black belts as proof of O-1 visa eligibility in the past.  

To qualify for an O-1A visa, unless an individual has won a major internationally recognized award (the equivalent of a Nobel Prize), they must provide proof that they possess extraordinary ability in their field by meeting at least 3 out of 8 criteria.

The first criterion requires proof that an individual has won nationally or internationally recognized prizes or awards for excellence in their field. Unfortunately, USCIS would likely not accept an individual’s BJJ black belt as meeting this criterion. In reviewing O-1 petitions denied by USCIS, the Administrative Appeals Office (AAO) has stated that attaining a certain black belt level in a martial art is “the foreseeable outcome of a standard process by which martial arts practitioners advance from one level to the next. Such an advancement is a promotion within the ranks of the sport [and does] not establish receipt of a nationally or internationally recognized award.” In re X, (Receipt Number omitted) (AAO July 6, 2015); and In Re X, EAC 06-036-53088 (AAO Sept. 4, 2009). (Referring to the obtainment of a BJJ black belt as a “foreseeable outcome” and a “standard process” is evidence that not many AAO officers have trained in BJJ!)

It may be possible to use possession of a BJJ black belt to meet the second O-1A visa criterion: membership in an association that requires outstanding achievements. However, U.S. immigration will require detailed evidence establishing the requirements for the black belt, and that the black belt is only issued to individuals with outstanding achievements in the field.  Matter of BCMH-,LLC, ID #16546 (AAO May 26, 2016). If such evidence is not provided, USCIS will reject the black belt as evidence for this criterion. For example, in one case USCIS did not accept an applicant’s black belt from the Confederation of Brazilian Jiu Jitsu and the FJJ because no evidence was provided showing that these organizations required outstanding achievements as judged by national/international experts. In Re X, File LIN 06 052 52226 (AAO Nov. 29, 2007).

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