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dismissed EB-1A RFE Issued

Brazilian Jiu-Jitsu Athlete

Athletics · Brazil · 2024-12-02

Decision Date
2024-12-02
This case is from a USCIS Administrative Appeals Office (AAO) appeal decision. Appeal cases represent a subset of petitions and may not reflect typical outcomes.

Framework Evaluation

0 of 3 criteria met
Lesser nationally or internationally recognized prizes or awards (Not Met)

The petitioner's tournament awards were not established as prizes for 'excellence in the field of endeavor' due to insufficient context regarding competition criteria, number of participants, and the basis for receiving awards (e.g., being one of few participants).

Membership in associations requiring outstanding achievements (Not Met)

The petitioner's first-degree black belt from IBJJF did not meet this criterion because the requirements for obtaining it, as outlined in the General System of Graduation, did not necessitate 'outstanding achievements' as judged by experts, but rather activity and training.

Published material about the noncitizen in major media (Not Met)

The articles submitted were not proven to be from 'major trade publications or other major media'. Internet traffic data provided lacked sufficient context to demonstrate their 'major' status, and articles referring to a different name were not adequately linked to the petitioner.

Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance (Not Met)

The petitioner's role in organizing a Brazilian jiu-jitsu tournament (I I event) was not established as an 'original contribution of major significance in the field'. While it had charitable aspects, its broader impact on the field of Brazilian jiu-jitsu was not demonstrated.

Display of work at artistic exhibitions or showcases (Not Met)

Brazilian jiu-jitsu competitions were not considered 'artistic exhibitions or showcases'. The AAO clarified that athletic competitions are 'public entertainments' and not artistic in nature, distinguishing them from the criterion's requirement for artistic display.

Why This Petition Was Denied

The AAO dismissed the appeal because the petitioner failed to establish a one-time achievement or meet at least three of the 10 EB-1A criteria. Specifically, criteria for lesser awards (i), memberships (ii), published material (iii), original contributions (v), and artistic exhibitions (vii) were not met. For awards, the context for excellence was not established. For memberships, the black belt requirements did not necessitate outstanding achievements. For published material, the publications were not proven to be 'major trade publications or other major media'. For original contributions, the organized tournament was not shown to be of 'major significance'. For exhibitions, Brazilian jiu-jitsu competitions were deemed athletic, not artistic, and thus did not qualify.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director's RFE challenged the petitioner's claims regarding lesser awards, memberships, published material, original contributions, and artistic exhibitions, concluding that the initial evidence did not satisfy these criteria. The petitioner responded by reasserting the validity of the submitted evidence for these categories.

RFE Targets
Lesser nationally or internationally recognized prizes or awardsMembership in associations requiring outstanding achievementsPublished material about the noncitizen in major mediaOriginal scientific, scholarly, artistic, athletic, or business-related contributions of major significanceDisplay of work at artistic exhibitions or showcases

Evidence

Evidence Types
Awards
Media Coverage
Professional Memberships
Original Contributions
Exhibitions
Evidence Submitted
  • Awards from Brazilian jiu-jitsu tournaments
  • First-degree black belt certificate from International Brazilian Jiu-Jitsu Federation (IBJJF)
  • Articles about Brazilian jiu-jitsu from various entities (e.g., extra.globo.com, Jornal)
  • Evidence of organizing a Brazilian jiu-jitsu tournament (I I event)
  • Photographic evidence and promotional materials for the I I event
  • Participation in athletic competitions as a competitor

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Frequently Asked Questions

A dismissed EB-1A petition means USCIS found the evidence insufficient to meet the eligibility criteria. Common reasons include weak documentation, failure to meet the required number of criteria, or insufficient evidence of the claimed qualifications. Petitioners can refile with stronger evidence or explore alternative visa categories.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-12-02.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 5

EB-1A Case Data

Scraped Case Data

Total Cases 919
Success Rate 53.0%
Sustained 487
Dismissed 315

Related Pages

EB-1A Overview EB-1A in Brazil All EB-1A Cases EB-1A Dashboard

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