dismissed EB-1A Case: Brazilian Jiu-Jitsu

U.S. Citizenship 
and Immigration 
Services 
In Re: 20828278 
Appeal of Nebraska Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: SEP. 14, 2022 
Form 1-140, Immigrant Petition for Alien Worker (Extraordinary Ability) 
The Petitioner, a Brazilian jiu-jitsu athlete and coach, seeks classification as an individual of 
extraordinary ability. See Immigration and Nationality Act (the Act) section 203(b)(l)(A), 8 U.S.C. § 
1153(b)(l)(A) . This first preference classification makes immigrant visas available to those who can 
demonstrate their extraordinary ability through sustained national or international acclaim and whose 
achievements have been recognized in their field through extensive documentation. 
The Director of the Nebraska Service Center denied the petition, concluding that the record did not 
establish that the Petitioner satisfied the initial evidence requirements for this classification by 
documenting his receipt of a major, internationally recognized award or, in the alternative, by meeting 
at least three of the ten regulatory criteria at 8 C.F.R. § 204.5(h)(3). The matter is now before us on 
appeal. 
In these proceedings, it is the Petitioner's burden to establish eligibility for the requested benefit by a 
preponderance of the evidence. See Section 291 of the Act, 8 U.S.C. § 1361; Matter ofChawathe, 25 
I&N Dec. 369, 375 (AAO 2010). We review the questions in this matter de nova. See Matter of 
Christo 's Inc., 26 l&N Dec. 537, 537 n.2 (AAO 2015). Upon de nova review, we will dismiss the 
appeal. 
I. LAW 
Section 203(b)(l)(A) of the Act makes visas available to immigrants with extraordinary ability if: 
(i) the alien has extraordinary ability in the sciences, arts, education, business, or 
athletics which has been demonstrated by sustained national or international 
acclaim and whose achievements have been recognized in the field through 
extensive documentation, 
(ii) the alien seeks to enter the United States to continue work in the area of 
extraordinary ability, and 
(iii) the alien's entry into the United States will substantially benefit prospectively 
the United States. 
The term "extraordinary ability" refers only to those individuals in "that small percentage who have 
risen to the very top of the field of endeavor." 8 C.F.R. § 204.5(h)(2). The implementing regulation 
at 8 C.F.R. § 204.5(h)(3) sets forth a multi-part analysis. First, a petitioner can demonstrate sustained 
acclaim and the recognition of his or her achievements in the field through a one-time achievement 
(that is, a major, internationally recognized award). If the petitioner does not submit this evidence, 
then he or she must provide sufficient qualifying documentation that meets at least three of the ten 
categories listed at 8 C.F.R. § 204.5(h)(3)(i) - (x) (including items such as awards, published material 
in certain media, and scholarly articles). 
Where a petitioner meets these initial evidence requirements, we then consider the totality of the 
material provided in a final merits determination and assess whether the record shows sustained 
national or international acclaim and demonstrates that the individual is among the small percentage 
at the very top of the field of endeavor. See Kazarian v. USCIS, 596 F.3d 1115 (9th Cir. 2010). 
( discussing a two-part review where the documentation is first counted and then, if fulfilling the 
required number of criteria, considered in the context of a final merits determination); see also 
Visinscaia v. Beers, 4 F. Supp. 3d 126, 131-32 (D.D.C. 2013); Rijal v. USCIS, 772 F. Supp. 2d 1339 
(W.D. Wash. 2011). 
II. ANALYSIS 
The record reflects that the Petitioner is a competitive athlete and coach in Brazilian jiu-jitsu and has 
successfully competed in in the I I category at regional, national, and international jiu-jitsu 
competitions. Because the Petitioner does not claim, and the record does not establish, that he has 
received a major, internationally recognized award under the regulation at 8 C.F.R. § 204.5(h)(3), he 
must satisfy at least three of the ten regulatory criteria at 8 C.F.R. § 204.5(h)(3)(i)-(x). The Petitioner 
initially claimed that he could meet five of these criteria: 
• (i), Lesser nationally or internationally recognized awards; 
• (ii), Membership in associations that require international achievements; 
• (iii), Published materials in major trade or professional publications or other major media; 
• (iv), Participating as a judge of the work of others in the field; and 
• (viii), Performing in leading or critical roles for organizations or establishments with a 
distinguished reputation. 
In denying the petition, the Director concluded that the Petitioner fulfilled only two of the five claimed 
criteria, lesser nationally or internationally recognized awards at 8 C.F.R. § 204.5(h)(3)(i) and judging 
at 8 C.F.R. § 204.5(h)(3)(iv). The record supports the Director's determination that the Petitioner 
meets these two criteria based on his receipt of medals at IBJJF World I Jiu-Jitsu Championship 
and Brazilian National Championship events and based on his documented participation as a referee 
for jiu-jitsu competitions. 
On appeal, the Petitioner maintains that he meets two additional criteria based on his membership in 
an association that requires outstanding achievements of its members and based on his performance 
in a leading or critical role for an organization that has a distinguished reputation. The Petitioner does 
not pursue his initial claim that he meets the published materials criterion at 8 C.F.R. § 204.5(h)(3)(iii) 
and does not contest the Director's determination that he did not submit evidence that meets this 
2 
criterion. Therefore, we deem this issue to be waived and will not further address it in this decision. 
See, e.g., Matter of M-A-S-, 24 I&N Dec. 762, 767 n.2 (BIA 2009). 
After reviewing all the evidence in the record, we conclude that the Petitioner has not established that 
he meets at least three of the ten evidentiary criteria. 
Documentation of the individual's membership in associations in the.field for which classification 
is sought, which require outstanding achievements of their members, as judged by recognized 
national or international experts in their disciplines or fields. 8 C.F.R. § 204.5(h)(3)(ii). 
The Petitioner claims that he meets this criterion based on his membership in the International 
Brazilian Jiu-Jitsu Federation (IBJJF) as a certified black belt. To satisfy this criterion, the Petitioner 
must show that he is a member of an association in his field, and that membership in the association 
is based on being judged by recognized national or international experts as having outstanding 
achievements in the field for which classification is sought. 1 
At the time of filing, the Petitioner submitted a copy of his black belt certificate issued by I 
ofl I Brazilian Jiu-Jitsu Team in January 2019. The initial evidence also included an 
excerpt from the IBJJF publication titled General System of Graduation. Article 5.1 of this publication 
lists the "IBJJF Basic Requirements to Obtain the Black Belt Certificate and Degrees," which states 
that an applicant for an IBJJF black belt certificate or degree: 
• Must be affiliated to IBJJF in the current year 
• Can not be an athlete with provisional graduation 
• Must provide First Aid or CPR course certificate 
• Must attend an IBJJF Referee Course within a 12-month period before the date of the 
request 
• Must be a professor or assistant professor at an academy affiliated with IBJJF or an 
athlete practicing jiu-jitsu in an IBJJF-registered academy who was graduated by a 
professor who is a black belt with at least 2 degrees certified by IBJJF. 
Article 4.1.3 of this IBJJF publication further address the degree system for athletes who have achieved 
a black belt ranking. It states that "promotion to a new degree in the black belt is only valid starting 
from the issuance of an IBJJF diploma, after the applicant meets the basic requirements present in 
Article 5." 
The Petitioner's initial evidence included articles identifying IBJFF as "one of the most prestigious 
and recognized jiu-jitsu competition organizations" and "the most important and dominant federation 
in [the] sport." The Petitioner also submitted two academic papers (a journal article and a master's 
thesis) whose authors state that the Brazilian jiu-jitsu black belt is recognized as one of the most 
difficult black belts to achieve in martial arts, often requiring a decade or more of dedicated training. 
1 See 6 USCIS Policy Manual F.2 appendix, https://www.uscis.gov/policy-manual/volume-6-part-f-chapter-2 (providing 
an example of admission to membership in the National Academy of Sciences as a Foreign Associate that requires 
individuals to be nominated by an academy member, and membership is ultimately granted based upon recognition of the 
individual's distinguished achievements in original research). 
3 
In a request for evidence (RFE), the Director observed that the black belt certificate alone was 
insufficient to demonstrate that the Petitioner satisfies all elements of this criterion, and emphasized 
that, although the Petitioner submitted information regarding IBJJF's belt graduation system, he did 
not provide evidence of his IBJJF membership. 
In response, the Petitioner submitted a screenshot from the Petitioner's member page on IBJJF 
showing that he is a certified black belt member. The Petitioner also re-submitted excerpts from the 
IBJJF General System of Graduation publication. In a supporting letter, the Petitioner emphasized 
that a certified black belt represents a high level of membership in IBJJF and that the information 
contained in the IBJJF publication is sufficient to establish by a preponderance of the evidence that 
the achievement of membership in IBJJF with a black belt certification requires outstanding 
achievements as judged by recognized national or international experts in the field. 
The Director acknowledged the requirements for black belt certification set forth at Article 5.1 of the 
IBJJF General System of Graduation but determined that those requirements do not discuss in detail 
what is required to become a member of the association and therefore do not show that membership 
requires outstanding achievements as judged by recognized national or international experts in the 
field. Accordingly, the Director concluded that the Petitioner did not demonstrate that he meets this 
criterion. 
On appeal, the Petitioner asserts that the Director failed to properly weigh the submitted evidence. 
The Petitioner emphasizes that "[regular] membership in IBJJF is something that can be applied for 
through their website and does not require extraordinary ability. It is the obtaining of the rank of black 
belt through the IBJJF is what requires extraordinary ability." The Petitioner also submits new 
evidence on appeal, including: his IBJJF Black Belt Certificate issued on I I 2021; additional 
excerpts from the IBJJF's General System of Graduation; and a chart that summarizes the IBJJF 
graduation system. 
Upon review, we conclude that the Petitioner has not established that he satisfies this requirement 
based on his IBJJF membership as a certified black belt. As a preliminary matter, we note that the 
evidence submitted on appeal indicates that the IBJJF recognized the Petitioner's completion of all 
requirements for his certified black belt in 2021, more than one year after he filed this petition. 
While the Petitioner previously submitted his black belt certificate issued in 2019 by the academy 
where he trains in Brazil, the record does not establish that this certificate was registered with or 
recognized by IBJJF at the time or that it automatically resulted in his membership as an IBJJF­
certified black belt. 
The IBJJF's General Systems of Graduation indicates that the federation distinguishes between 
academy-issued black belt graduation certificates and IBJJF-issued black belt diplomas. For example, 
Article 4.1.3 states that "every promotion to a new degree in the black belt is only valid starting from 
the issuance of an IBJJF diploma, after the applicant meets the basic requirements present in Article 
5." Therefore, there is insufficient evidence that the Petitioner had an IBJJF-certified black belt 
membership as of the date of filing. The Petitioner must establish that all eligibility requirements for 
the immigration benefit have been satisfied from the time of the filing and continuing through 
adjudication. 8 C.F.R. § 103.2(b)(l). 
4 
Further, the stated "Basic Requirements" to obtain an IBJJF black belt certificate include submission of 
an application as well as evidence of "affiliation to IBJJF," completion of a first aid or CPR course, 
attendance at an IBJJF Referee course, and evidence of practicing or teaching jiu-jitsu at an IBJJF­
affiliated academy for a specific period. Based on these stated requirements, receipt of initial 
membership as a black belt-certified member ofIBJJF does not involve a process by which one must be 
judged as having outstanding achievements by recognized national or international experts in the field. 
The Petitioner highlights Article 5.2.1 of the IBJJF General System of Graduation, which states that 
"the Black belt certification graduation for each new degree is an individual process that depends on 
a through analysis by the IBJJF including examination of documents .... " However, there is no 
evidence that the Petitioner has been granted any certificate from the IBJJF beyond the initial black 
belt certificate or that his membership has been reviewed according to these requirements, which 
appear to be applicable only to additional black belt degrees. 2 Further, it is unclear what is entailed 
by the IBJJF's "thorough analysis" of documents or what criteria are considered in such review, such 
that we could conclude that additional degrees require outstanding achievements. 
We acknowledge the Petitioner's assertion that acquiring the advanced knowledge and skills necessary 
for black belt certification in jiu-jitsu is a demanding process that requires years of training and 
dedication, and that earning a black belt represents a significant achievement for practitioners of the 
sport. However, for the reasons discussed above, the evidence submitted here does not show that the 
Petitioner has a membership in an association that satisfies all elements of the criterion at 8 C .F .R. § 
204.5(h)(3)(ii). 
Evidence that the individual has performed in a leading or critical role for 
organizations or establishments that have a distinguished reputation. 8 C.F.R. § 
204.5(h)(3)(viii). 
The Director determined that the Petitioner did not demonstrate that he has performed in a leading or 
critical role for an or anization with a distin uished reputation and referenced letters from 
Brazilian Jiu-Jitsu Academy in Brazil), 
(owner of in Utah), andl (a Utah-
based Judo coach and special education teacher). 3 
On appeal, the Petitioner states the Director's determination was "in error" but he does not further 
address how the previously submitted evidence satisfies all elements of this criterion or identify any 
specific errors in the Director's analysis of this criterion. Rather, he appears to suggest that the 
Director overlooked evidence that he served in a leading or critical role for a Brazilian 
2 Based on the IBJJF Degree System described at A1iicle 4.1.3 of the General System of Graduation, "the first degree can 
only be requested after a minimum of three (3) years of the black belt graduation" and "every promotion to a new degree 
in the black belt is only valid starting from the issuance of an TBJJF diploma, after the applicant meets the basic 
requirements present in Article 5." Because the Petitioner's TBJJF black belt diploma was issued in 2021, the record 
reflects that he would not become eligible to apply for a first-degree black belt certification from TBJJF until 2024. 
3 The record reflects that the letters from and I lwere submitted as evidence that the Petitioner intends 
to continue to work in his area of extraordinary ability and that his work will substantially benefit prospectively the United 
States, as required by section 203(b )(1 )(A)(ii) and (iii) of the Act. While it appears that business employed the 
Petitioner as a jiu-jitsu coach and instructor at the time of the RFE response, the Petitioner did not claim to meet the 
criterion at 8 C.F.R. § 204.5(h)(3)(viii) based on his employment with I I 
5 
jiu-jitsu academy in lutah. We observe that the record contains two letters from 
owner of I both of which were submitted to establish 
that the Petitioner met the judging criterion at 8 C.F.R. § 204.5(h)(3)(viii) based on his service as a 
referee for tournaments hosted by I 
Specifically, the Petitioner states, "[w]e understand that it may not have been initially presented as 
clearly as possible the role that [the Petitioner] plays atl land how it would be considered 
leading or critical." The Petitioner indicates that he is submitting "an updated letter from I 
more carefully outlining [his] role in their organization"; however, the submission on appeal does not 
include an additional letter from this organization or any other new evidence related tol I 
The Petitioner has re-submitted a letter froml I dated February 26, 2020, which was 
initially provided at the time of filing. 
The previously submitted letters froml lconfirm that the Petitioner served as a referee for 
three one-day tournaments hosted by this academy between I I 2018 and I 2020 and 
emphasize that referees are volunteers and not employees of the company. I states that 
his academy has a regional reputation for hosting highly competitive jiu-jitsu tournaments. The 
Petitioner maintains that, as a referee, he "plays a critical role in the success of the competitions that 
I I a distinguished organization, hosts on a regular basis." 
Regarding a critical role, the evidence must demonstrate that a petitioner has contributed in a way that 
is of significant importance to the outcome of the organization or establishment's activities. It is not 
the title of a petitioner's role, but rather the performance in the role that determines whether the role 
is or was critical. 4 Here the statements provided by I do not provide detailed and 
probative information addressing how the Petitioner's role as a volunteer jiu-jitsu referee for three 
one-day tournaments has contributed in a way that is of significant importance to the outcome of 
I !activities. Without information and evidence documenting the impact and importance 
of any work the Petitioner has conducted forl l the record does not demonstrate the critical 
nature of his role for this organization. Further, the record does not contain evidence demonstrating 
that I I enjoys a distinguished reputation, as the evidence is limited to letters from the 
organization and photographs from matches refereed by the Petitioner. 
The record reflects that, prior to the denial of the petition, the Petitioner claimed that he met this 
criterion based on his role as a coach, instructor and competitor with 
Brazilian Jiu Jitsu Academy inl I Brazil. As noted, the Petitioner has not specifically 
contested the Director's determination this he does not meet this criterion based on his role with this 
organization. Nevertheless, we observe that the record does not contain sufficient evidence to establish 
that this academy has a distinguished reputation. The Petitioner emphasized the "excellence" of the 
academy's results in competition, but the supporting evidence was limited to articles from unidentified 
newspapers reporting on the results of the team's athletes. This media coverage appears to be local in 
nature and this evidence alone is insufficient to establish that the organization or establishment is 
recognized as having a distinguished reputation in the field. 
For the reasons discussed above, the Petitioner has not established that he meets this criterion. 
4 See 6 USCIS Policy Manual, supra, at F.2 appendix. 
6 
III. CONCLUSION 
The Petitioner has not submitted the required initial evidence of either a one-time achievement or 
documents that meet at least three of the ten criteria. As a result, we need not provide the type of final 
merits determination referenced in Kazarian, 596 F.3d at 1119-20. Nevertheless, we advise that we 
have reviewed the record in the aggregate and conclude that it does not support a finding that the 
Petitioner has established the acclaim and recognition required for the classification sought. 
The Petitioner seeks a highly restrictive visa classification, intended for individuals already at the top 
of their respective fields. USCIS has long held that even athletes performing at the major league level 
do not automatically meet the "extraordinary ability" standard. Matter of Price, 20 I&N Dec. 953, 
954 (Assoc. Comm'r 1994). Here, the Petitioner has not shown that the significance of his work is 
indicative of the required sustained national or international acclaim or that it is consistent with a 
"career of acclaimed work in the field" as contemplated by Congress. H.R. Rep. No. 101-723, 59 
(Sept. 19, 1990); see also section 203(b)(l)(A) of the Act. Moreover, the record does not otherwise 
demonstrate that the Petitioner has garnered national or international acclaim in the field, and he is 
one of the small percentage who has risen to the very top of the field of endeavor. See section 
203(b)(l)(A) of the Act and 8 C.F.R. § 204.5(h)(2). 
For the reasons discussed above, the Petitioner has not demonstrated his eligibility as an individual of 
extraordinary ability. The appeal will be dismissed for the above stated reasons, with each considered 
as an independent and alternate basis for the decision. 
ORDER: The appeal is dismissed. 
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