Brazilian Jiu-Jitsu (Athletics/Coaching)
AAO appeal decision on the EB-1A talent visa
Updated: Author: Alina Kanametova
This is a real, anonymized AAO appeal decision on the EB-1A immigrant visa, in the field of Brazilian Jiu-Jitsu (Athletics/Coaching) (Sports), 2024. The appeal was case remanded, and on the final-merits determination the petitioner did not clearly meet the standard. Of the regulatory criteria, 3 were counted: Awards, Judging, Leading role.
What this case shows
Bottom line: the case went back to the officer for another look, not a final decision. Of the 3 EB-1A criteria claimed, 3 were counted. It never reached the final-merits stage: that requires at least 3 counted criteria.
EB-1A criteria in this case
- Awardscounted
- Membershipnot claimed
- Published material about younot claimed
- Judgingcounted
- Original contributionnot claimed
- Scholarly authorshipnot claimed
- Exhibitionsnot claimed
- Leading rolecounted
- High remunerationnot claimed
- Commercial successnot claimed
- Comparable evidencenot claimed
The Sports field in the database: 133 appeals
Outcomes in this field: 3 sustained, 17 remanded, 113 dismissed. How the AAO ruled in this field on the criteria argued in this case:
| Criterion | In this case | Counted in the field | How objections were answered |
|---|---|---|---|
| Awards | counted | 52 of 105 (50%) | breakdowns for this criterion (7) |
| Judging | counted | 32 of 62 (52%) | breakdowns for this criterion (7) |
| Leading role | counted | 21 of 68 (31%) | breakdowns for this criterion (7) |
Counted over our base of published AAO decisions; all Sports appeals.
How to read this case
The record of this case has no criterion marked "not counted", yet it never reached the final-merits stage. That happens when the dispute was resolved another way - for example, the case was sent back to the officer - and the AAO did not record a verdict on each criterion. Use the decision excerpt and the similar cases below.
From the AAO decision (source, EN)
The initial denial was based on the petitioner not meeting the initial evidence requirements (at least three criteria or a major award). The AAO found the director erred in disregarding awards from the petitioner's athletic career and found that the petitioner met at least three criteria. However, a final merits determination was not made, and the case was remanded for that determination.
The quote summarizes a fragment of the decision; the table above reflects the FINAL status of the criteria across all stages of the case (including ones conceded before the appeal), so the wording may not match one-to-one.
Full AAO decision of October 4, 2024 (PDF, uscis.gov)AAO decisions archive on uscis.gov
FAQ on this case
- Which EB-1A criteria were counted in this case?
- Criteria claimed: 3, counted: 3 (Awards, Judging, Leading role).
- How did this appeal end?
- The case was remanded: the AAO withdrew the decision and sent it back to the officer - not a final approval, but not a final denial either.
- Did the case reach the final-merits stage?
- No - the case did not reach final merits: fewer than the required 3 criteria were counted.
Related
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