Date of Decision: March 12, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Athlete and Coach
Field: Brazilian Jiu-Jitsu
Nationality: Brazilian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
- Judging the work of others in the field: The petitioner was recognized for judging in Brazilian Jiu-Jitsu competitions.
- Display of work at exhibitions or showcases: Displayed expertise through participation in Brazilian Jiu-Jitsu events.
- Receipt of lesser nationally or internationally recognized prizes or awards for excellence: Received medals in competitions hosted by the International Brazilian Jiu Jitsu Federation (IBJJF).
Criteria Not Met:
- Evidence of published material about the petitioner in professional or major trade publications: The decision noted that the materials focused more on the petitioner’s role as a competitor rather than as a coach, which was not adequately addressed by the Director.
- Other criteria not explicitly mentioned in the review were not met: These include original contributions, authorship, leading roles, or evidence of high remuneration specific to coaching.
Key Points from the Decision
The USCIS policy guidance suggests a nuanced approach when athletes transition to coaching, acknowledging that while competitive athletics and coaching are different, many successful athletes also become successful coaches. The appeal focused on whether the petitioner’s transition to a coaching role maintained his level of national or international acclaim.
Supporting Documentation
- Medals and Awards: Documents showcasing the petitioner’s achievements as an athlete in Brazilian Jiu-Jitsu events.
- Judging Roles: Evidence of his roles in judging at Brazilian Jiu-Jitsu competitions.
- Display of Work: Proof of his participation and recognition in Brazilian Jiu-Jitsu showcases.
Conclusion
Final Determination: The matter was remanded for a new decision, emphasizing a comprehensive analysis of the petitioner’s achievements both as an athlete and a coach to determine if they establish extraordinary ability in his field of endeavor.
Reasoning: The appeal board found that the initial decision had inadequately considered evidence pertinent to the petitioner’s acclaim as an athlete, which should have been factored into his qualifications as a coach.
Next Steps: The Director is expected to undertake a final merits determination under the Kazarian framework, considering the totality of the evidence and the petitioner’s sustained acclaim and extraordinary ability in Brazilian Jiu-Jitsu both as an athlete and a coach.
