EB-1 Green Card AAO Case Summary - BJJ Athlete/Coach
The following is a summary of an Administrative Appeals Office (AAO) decision that reviewed USCIS’ denial of an EB-1 green card application filed by a Brazilian jiu-jitsu athlete and coach.
These decisions are helpful as they provide information on U.S. immigration’s requirements, and insight on trends in EB-1 green card application adjudications.
Unless otherwise noted, the Law Office of Brian D. Zuccaro, PLLC did not assist in the filing or appeal of these EB-1 applications.
AAO Case:
Background:
The applicant was a Brazilian jiu-jitsu athlete and coach, who successfully competed at regional, national, and international jiu-jitsu competitions.
USCIS denied the applicant’s EB-1 green card application arguing that he did not satisfy at least 3 of the 10 regulatory criteria.
The applicant appealed the denial to the Administrative Appeals Office (AAO) arguing that he met 4 of the required criteria.
The following provides a summary of the AAO’s analysis on the applicant’s EB-1 case.
Lesser nationally or internationally recognized awards
The AAO found that the record supported USCIS' determination that the applicant met this criteria based on his receipt of medals at IBJJF World Jiu-Jitsu Championship, and Brazilian National Championship events
Membership in associations that require international achievements
The applicant claimed that he met this criterion based on his membership in the International Brazilian Jiu-Jitsu Federation (IBJJF) as a certified black belt.
As evidence the applicant submitted:
A copy of his black belt certificate
Materials from the IBJJF that explained the requirements to obtain an IBJJF black belt certificate
Articles identifying IBJFF as "one of the most prestigious and recognized jiu-jitsu competition organizations"
Academic papers stating that a BJJ black belt is one of the most difficult black belts to obtain in martial arts
USCIS held that the applicant did not meet this criteria because the evidence provided allegedly did not show that an IBJJF black belt certification required outstanding achievements as judged by recognized national or international experts in the field.
The AAO noted that the applicant filed his EB-1 application with his black belt certificate issued by his academy only, and that the IBJJF did not certify the applicant for his black belt until more than a year after he filed his EB-1 application. Because applicants must establish eligibility requirements at the time of filing, the AAO did not consider the applicant’s IBJJF-issued black belt certificate.
Even if the applicant had possessed his IBJJF-issued black belt certificate at the time of filing his EB-1, the AAO indicated it would disregard it. Based on the IBJJF requirements, the AAO did not consider the process for the IBJJF black belt as one where a person is judged as having outstanding achievements by recognized national or international experts in the field.
Participating as a judge of the work of others in the field
The AAO found that the record supported USCIS' determination that the Petitioner met this criteria based on his documented participation as a referee for jiu-jitsu competitions.
Performing in leading or critical roles for organizations with a distinguished reputation
The applicant claimed that he met this criteria based on his role as a coach, instructor and competitor with his Brazilian Jiu Jitsu Academy in Brazil, and based on the academy’s results in competitions.
The AAO rejected this argument because of the lack of sufficient evidence of the academy’s distinguished reputation.
The AAO stated that newspaper articles submitted were not identified, and appeared to be local in nature.
Conclusion
The AAO concluded that the applicant did not meet at least three of the ten criteria.
The AAO nevertheless conducted its Kazarian final merits determination, and found that the evidence in the aggregate did not meet the acclaim and recognition needed for an EB-1 approval.
The AAO noted that the applicant sought “a highly restrictive visa classification, intended for individuals already at the top of their respective fields” and that “USCIS has long held that even athletes performing at the major league level do not automatically meet” the EB-1 standard.
As a result, the AAO dismissed the applicant’s appeal.