O-1A Visas For MMA Coaches - Part 1: Area Of Extraordinary Ability
This series of articles will look at some of the factors USCIS evaluates in determining whether an individual meets the requirements for an O-1A visa to work in the U.S. as an MMA (BJJ, Muay Thai, etc.) coach or instructor.
To qualify for an O-1A visa, an applicant must prove that they possess “extraordinary ability” in athletics, which has been demonstrated by sustained national or international acclaim. Additionally, applicants must demonstrate that they are seeking to enter the U.S. to continue work in their “area of extraordinary ability.” This can potentially be difficult for athletes who may be well accomplished in their sport, but who are transitioning to a new role as a coach. Historically, such cases had difficulty in meeting the O-1 visa requirements. In Jan. 2022, USCIS revised its Policy Manual to allow officers to consider an applicant’s acclaim for achievements as an athlete in an application for a job as a coach if that position involved the same “skillsets, knowledge, or expertise.” USCIS Policy Manual, Vol. 2, Part M, Ch. 4.
In evaluating whether USCIS will consider an applicant’s accomplishments as an athlete in an O-1 visa application for a coach, it will consider the following factors:
“Whether the past and prospective occupations are in the same industry or are otherwise related based on shared duties or expertise”
“Whether the prospective occupation is a supervisory, management, or other leadership position that oversees the beneficiary’s previous position or otherwise requires shared knowledge, skills, or expertise”
“Whether it is common for persons in one occupation to transition to the other occupation(s) based upon their experience and knowledge”
An example that should meet this requirement may be where an individual is an accomplished Muay Thai fighter who is now seeking to enter the U.S. to work as a Muay Thai or striking instructor for an MMA school. In this scenario, the individual’s proposed work as a Muay Thai instructor should still be considered within the applicant’s area of extraordinary ability as a Muay Thai fighter. As such, evidence of the applicant’s accomplishments as a Muay Thai fighter should be considered in meeting the O-1 visa requirements for an instructor / coaching position.