May 2020 Sports Immigration Success Story: O-1B Approved For Brazilian Muay Thai Coach

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May 2020 Sports Immigration Success Story: O-1B Approved For Brazilian Muay Thai Coach

We are proud to announce that a prominent South Florida MMA Facility has successfully petitioned for an O-1B visa for Muay Thai coach Daniel Mendes. This case has to be petition of the month because it is the only petition we are aware of that is under the O-1B category, which is most commonly used for creatives such as actors, visual artists, and other performance arts. O-1 petitions for coaches can be tough because of the rigorous eligibility standards of the O-1A and the lack of publicity on many coaches. It is not uncommon for some of the most talented coaches to stay as far from the limelight as possible.

MMA Striking Coach, Daniel Mendes, Obtains An O-1B Visa Approval

In this particular case, we were worried that Daniel’s low profile would hurt us in an O-1A petition because there was not much of a paper trail to show how great he is. However, there was no shortage of the best fighters around the world willing to attest to how his attention to the nuances of Muay Thai not only helped the fighters win matches but also prolong their careers. 

“You can tell the respect Daniel has in the industry when you talk to mixed martial arts fighters who work with him,” says Sherrod Seward.” “It’s deeper than just an exchange of techniques; he is teaching them how to protect themselves and win without taking unnecessary damage.”

The petition really focused on the artistic side of Muay Thai and how the nuances coach Mendes brings to the sport really makes a difference. 

“I’ve been a top-level coach for a very long time,” says Muay Thai Coach, Daniel Mendes. “The approval was right on time and it feels great to be recognized as a world-class Muay Thai coach by USCIS.”

It is a very uncommon approach to pursue an O-1B for an athletic coach, which is usually filed under the O-1A category. After a close look at the regulations, and a discussion with Daniel, our team decided that the O-1B eligibility requirement fit the best and there was nothing in the regulations that would frustrate the petition. So we filed for the visa and we were approved without a request for more evidence. 

Details Of The O-1B Petition For The Mixed Martial Arts Coach

Language used for the artistic aspects of Muay Thai in competition:

The beneficiary is especially known for his work in close range combat that allows his pupils to inflict damage to their opponents in close proximity while not taking damage themselves. Several world champion fighters have stated that their careers were lengthened by Daniel Mendes’s teaching and techniques. 

The clinch is an essential part of Muay Thai. Therefore, any novice fighters with ambitions of bringing their skill set up to the highest levels will need to master the offensive and defensive aspects of the clinch. While it all sounds pretty matter-of-fact, mastering this important skill takes a lot of time and effort. In the end, however, it certainly pays off. Just ask the most decorated Muay Thai world champion of all time and wizard of the clinch, Petchboonchu FA Group.

A strong clinch game, in Muay Thai, allows a Nak Muay to close the distance and inflict serious punishment on his opponent. By way of a series of methods used to lock in, the offensive fighter will seek to control his opponent’s head and deliver considerable strikes to his head and body. Mastering this technique can take years, due to the upright grappling aspect and knowledge of how posture and leverage play their parts in gaining control of an opponent.

The advantages of a strong clinch game in Muay Thai did not go unnoticed in the sport of MMA. Over the years, it has become an integral part of many fighters’ stand-up game. There are variations to how a clinch should be used in the sport of MMA in comparison to a Muay Thai fight, given the presence of a ground game. While sweeps and throws are permitted in Muay Thai, the absence of grappling on the ground means that a fighter does not have to worry about making certain mistakes or movements, which would leave them open to a ground attack inside the cage.

Fundamentally, the Muay Thai style clinch has been proven to be an effective tool for mixed martial artists.

Advantages of a US agent petitioner

USCIS regulations allow for United States employers, United States-based agents, and foreign employers to use a United States-based agent to serve as a petitioner for an O-1A or an O-1B visa. The structure of this visa relies on careful articulation of the relationship between the parties to USCIS in order to avoid requests for evidence and denials. 

US employer – means the direct employer of the beneficiary that will benefit from the work of the beneficiary and control their day-to-day activities.

US agent – usually means someone who is in the business industry of the beneficiary, especially in the motion picture and television industry and facilitates work with third parties for the beneficiary. This is also common in athletics and other industries that require nationals with extraordinary ability. The US agent must be authorized to act as an agent with all of the petition employers or opportunities listed in the petitioner’s itinerary. 

US managers, sponsors, agents, and direct employers can all serve as petitioners in athletics and not just the arts for O-1B petitions. Petitioners are responsible for declaring to USCIS that the contents of a petition are true (provided they know), signing the petition(s), and are liable for the cost of travel for the beneficiary if the contract or relationship that the petition is based on ends early. In the O-1 visa category, serving as petitioner does not create a financial obligation or liability exposure other than what has already been mentioned in this paragraph. The petitioner does not have to pay the athlete directly or at all. 

 

The beneficiary can be paid from the activities listed in his itinerary such as competitions, sponsorships, podcasts, and any other activity included and accepted by approval of the petition. O-1 visa petitions through agents allow the beneficiary to pursue work with multiple employers and projects using the same O-1 visa approval. They can even support additional work that is not included but is contemplated in the original petition.

O-1 applications where a direct employer is serving as the petitioner do not support employment with other opportunities using the same employment. In these circumstances, the beneficiary might need to obtain another concurrent O-1 visa approval and include permission from the original O-1 petitioner in order to pursue the extra activities.

All of these positions are supported in an internal USCIS memorandum from November 20, 2009. 

Both the O and P regulations provide that if the beneficiary will work concurrently for more than one employer within the same time period, each employer must file a separate petition with the Service Center that has jurisdiction over the area where the alien performs services, unless a US agent files the O or P-1 petition – 8 CFR 214.2(o)(2)(iv)(B).

We would also like to thank the following world-class athletes and coaches for their support letters, which made a difference in this petition:

Nikita Chub – kickboxer from Ukraine – multiple time Ukraine champion, world champion K-1, and Chinsou Sanshou kickboxing. 

Rodolfo Viera – multiple time Jiu-Jitsu world champion and coach. Detailed how Daniel’s coaching techniques have helped him in clinch fighting for MMA.

Erick Silva – professional martial artist – reached 10 world ranking – became Jungle Fight champion under Daniel Mendes.

Sherrod Seward