UFC Fighter Herbert Burns recieves O-1A Visa through Training Facility
UFC Fighter Herbert Burns recieves O-1A Visa through Training Facility
We are proud to announce that Herbert Burns received approval for an O-1A extraordinary ability visa after only two weeks of regular processing at the USCIS California Service Center. Combat Club in South Florida served as the petitioner for Herbert’s O-1A visa that will give him wide ranging work authorization over the next few years that is independent of his contractual obligations to his main promotional partner, the Ultimate Fighting Championships!
This approval comes at a great time because we are getting a lot of questions regarding options for fighters to take advantage of their own immigration status such as how long will it take? We approached many important stakeholders in combat sports, including international promoters, premier management companies, and the best training facilities to introduce this structure. There are myriad reasons for athletes to pursue O-1 visas with a petitioner they trust:
Many promoters, including the UFC, are moving toward only obtaining P-1 visas for athletes who have fights scheduled in the United States.
Most promoters do not petition for O-1A visas.
Most fighters need to carry out activities other than competing to support themselves; P-1 work authorization is only for competing, and anything else may be a work authorization violation.
When a contract with a promoter ends, the validity of the visa it petitioned for ends too. Fighters can avoid this by changing the sponsor of their petitions to someone on their own team.
Promoters are more likely to sign fighters who already have work authorization to fight (P-1 or O-1 visa).
O-1A visas do not depend on fights scheduled, thus fighters can avoid entry issues if something happens like the restrictions experienced by the Brazilian fighters for UFC 250.
The primary advantage Herbert obtained with O-1A status is flexibility for work authorization. Many fighters need to have several streams of income, and the O-1A visa allows him to coach, do seminars, own businesses, and create content all on the same work authorization without changing visas.
Work Flexibility Schedule of Herbert Burns O-1A
Complete training contract with the petitioner from June 1, 2020 to June 1, 2023 where he will train local talent at the facility at least three times a week
Participate in the planning and training of combat sports competitions for the year
Advise on technical aspects and equipment needed for competitions
Perform advertising activities for sponsors and partners
Advise, create, produce, and perform on sports-related podcasts and other related
podcasts for combat sports
Host and/or participate in combat sports-related seminars
Perform and/or participate in speaking engagements
Participate in gym promotional activities
Write training books and guides
Other activities related to his profession
O-1A eligibility is much more difficult to prove than for P-1 visas; however, we have success with mixed martial artists all the time as a result of our experience. Herbert Burns’s I-129 O-1A petition was supported by ample evidence that he meets the three criteria above and qualifies for the nonimmigrant extraordinary ability visa.
First, Herber Burns has extraordinary ability in the exclusive field of professional jiu-jitsu and mixed martial arts, and is an industry contributor, which is a combination of evaluation of others and employment in an essential capacity, a factor we explained in great detail in the petition. Second, he seeks to remain in the United States on a temporary basis to continue competing in championship-level professional mixed martial arts.
Under relevant rules, we could prove Herbert Burns’s O-1A eligibility in one of two ways. The first is “evidence of a one-time achievement (that is, a major, internationally recognized award).” We did make the argument that he is entitled to the O-1A nonimmigrant visa pursuant to this factor as an International Brazilian Jiu-Jitsu Federation Pan No-Gi Bronze Medalist and Brazilian jiu-jitsu world champion. The specific event we pursued was IBJJF Pan No-Gi 3rd Place (2018).
Jiu-jitsu is a beneficial but difficult sport to prove awards because there are many divisions, experience levels, and sanctioned competitions. To help our clients navigate their BJJ experiences for visa purposes, we wrote an article on how to properly present BJJ experience for P-1 and O-1 visa petitions.
Second, we could prove at least three of the O-1A eligibility criteria to get Herbert Burns the O-1A visa.
Lesser national and International Awards
Mr. Burns is a person of extraordinary ability in the field of professional jiu-jitsu and mixed martial arts and has received awards domestically and abroad. The following are the awards won by Mr. Burns and include IBJJF Pan No-Gi 3rd Place (2018), CBJJ Brazilian National No-Gi Champion (2011 & 2012), CBJJ Brazilian National No-Gi Champion (2009 brown belt), North American Grappling Association (NAGA) 77 kg belt (2017), Miami Spring International Open IBJJF Championship (2017), and UFC Performance Bonus 2020 Raleigh
Rankings can also be helpful for proving national and international awards. Mr. Burns is ranked as the 50th best featherweight fighter in the world and 7th best in the United States.
Memberships in Prestigious Organizations
Mr. Burns has made significant contributions to the field of jiu-jitsu and mixed martial arts nationally and internationally. Further evidence of Mr. Burns’s contributions highlights that the beneficiary meets the criterion that evidences that the beneficiary has memberships in associations; an example is given briefly below:
Evolve University: Mr. Burns was chosen to be a part of the Singapore team of Evolve University.
In October 2014 Mr. Burns was invited by the creator of the Evolve franchise, Chatri Sityodtong, to be part of the Singapore team. Mr. Burns had been planning on moving to MMA for good after a few solid performances in the ring, and being supported by the Evolve Academy meant he would have solid coaches in every aspect of the MMA game. With that in mind, he moved to Asia that year in pursuit of his MMA dream.
Judging the Work of Others
With his extensive experience as a professional Brazilian jiu-jitsu and mixed martial artist, Mr. Burns has participated as a judge of the work of others. Further evidence of Mr. Burns’s contribution highlights that the beneficiary meets the criteria of 8C.F.R.§204.5(h)(3)(iv) with evidence that the beneficiary has participated as a judge of the work of others in the field.
Teaching one of the best light heavyweight fighters in the world jiu-jitsu
Mr. Burns taught Alexander Gustafsson, a purple belt in jiu-jitsu, for two weeks in Stockholm before the showdown at UFC on FOX 5 on December 8 against Mauricio “Shogun” Rua. Mr. Burns was sure that Gustafsson was really tough on the ground, and if it went to the ground, he could surprise Shogun with his jiu-jitsu.
As a Brazilian national champion himself, Mr. Burns made a confident statement about Gustafsson: “He paid a lot of attention to the jiu-jitsu techniques I taught him. He’d repeat them until I’d tell him it was enough. He’s really tough on the ground.”
Single leg defense variation on GracieMag website
Mr. Burns, BJJ World Champion, teaches a highly effective defense against the single leg takedown.
Takedowns and takedown defense are critical skill sets in submission grappling. By controlling takedowns, one is able to determine whether you will attack from the top or bottom position.
Coaching with Evolve MMA Academy, which is explained above
Teaching the police staff of Palm Beach City Schools self defense – evidence included with supporting evidence
Mr. Burns has made original athletic contributions of major signiificance in the field of professional Brazilian Jiu-Jitsu and Mixed Martial Arts
As an eminent expert in professional Brazilian jiu-jitsu and mixed martial arts, Mr. Burns has made original athletic contributions of major significance. Further evidence of Mr. Burns’s contribution highlights that the beneficiary meets the criteria that the beneficiary has made original athletic contributions of major significance.
Mr. Burns is not only a professional jiu-jitsu and mixed martial artist, but he also teaches others the skills of the trade.
“Herbert Burns teaches a side control escape with a double attack.”
An excerpt from an article in GracieMag dated February 12, 2018:
“Herbert, who is the brother of UFC fighter Gilbert Durinho, uses his elasticity here to lasso his opponent’s arm in the first submission attempt. As soon as that opponent seeks an angle to escape, Herbert employs another two simultaneous finishes – on the neck with the inverted triangle, and on the arm with the kimura – putting an end to all resistance.”
Mr. Burns has displayed his work in the field at artistic exhibitions or showcases
As described above, Mr. Burns has made significant contributions to the field of professional kick combat sports and combat sports. Further evidence of Mr. Burns’s contributions highlights that the beneficiary meets the criterion of 8C.F.R.§204.5(h)(3)(vii) that evidences the beneficiary has displayed his work in the field at artistic exhibitions or showcases as discussed briefly below:
Mr. Burns’s major fights have been broadcast on popular online sites and television.
UFC Fight Pass
ESPN
ESPN+
We would like to send a special thank you to the great athletes who supported this petition with expert letters to provide context and confirmation of our arguments!
Gilbert “Duriniho” Burns – The #1 contender in the world fighting for the UFC Welterweight Championship in November
Michael “The Menace” Johnson – One of the world’s best lightweight fighters in the UFC
Linton Vassell – World-class fighter for Bellator Fighting Championships
Aung Le Sang – World class fighter and World Champion with One Fighting Championships
For more information on how we help support mixed martial artists with O-1 and P-1 visas, please contact our offices at 310-209-8545.