I-290B Appeal Granted! Mixed Martial Arts P-1 Visa Reopened and Approved after Initial Denial by USCIS
I-290B Appeal Granted! Mixed Martial Arts P-1 Visa Reopened and Approved after Initial Denial by USCIS
It is indeed a moment of pride to report that we were able to get approval for a P-1 visa for world-class martial artist, Mr. Asu Almabaev. It was a straightforward case, which was unwarrantedly denied after which we had it reopened and approved!
Mr. Almabaev is managed by First Round Management, which is a top-tier sports management firm. Ultimate Fighting Championships and other combat sports promotions are more likely to sign fighters who have their visas. At Sherrod Sports Visas, we work with several of the world’s best management teams to help accomplish this goal for athletes.
Petitioner – US Agent Petition through Mixed Martial Arts Agency
First Round Management is a top agent in the sport of mixed martial arts (MMA), based out of Miami, Florida. It was founded by Malki Kawa, a seasoned veteran of high-stakes negotiation who has secured some of the highest-paying endorsement deals in MMA. While representing some of the best MMA fighters and NFL football players at all levels, First Round Management is the employer of Mr. Asu Almabaev.
The Athlete – Asu Almabaev
Mr. Asu Almabaev is a world-class martial artist who is an exceptional practitioner in all genres of martial arts and who has competed on the world stage in many countries.
The P-1 Petition
We demonstrated that the petitioner, First Round Management, would like to extend the P-1A status to Mr. Asu Almabaev. First Round Management considers Mr. Almabaev an exceptionally talented martial artist who continues to compete toward a world championship.
The petition presented Mr. Almabaev as a world-class athlete through his participation in international fights. Details and competition itinerary were provided along with a confirmation that Mr. Almabaev would be taking part in international athletic exhibitions with athletes befitting his global ranking and skill level.
To add weight to our case, we also revealed that the beneficiary’s skill level and rank were far beyond that of most American martial artists. Therefore, he would have to participate in international athletic exhibitions and competitions competing with other international athletes of his class and skill level.
We informed the USCIS that highly ranked American fighters require other highly rated athletes to compete against. Competing against internationally renowned athletes would allow them to move up in global rankings.
International Rankings
We demonstrated Mr. Almabaev’s international rankings as presented on major martial arts databases like Tapology, Sherdog, Mixedmartialarts, and M1-Global.
Tapology:
#4th of 214 active Asia Central Pro Flyweights
#4th of 101 active Kazakhstan Pro Flyweights
Media Coverage
We were able to establish that the athlete was featured in publications of international repute. We provided the title, date, and author of the title.
“Weekly MMA Prospect Report: Another Big Week for the PFL” – by Shawn Bitter in Cageside Press, October 17, 2019
“Assu Almabaev steps in to fight Chris Kelades at M-1 Challenge 105” – on the official website of M1-Global, October 4, 2019
“Shaj Haque to face undefeated at Fight Nights Global 65” – by John King, on The Sprawl MMA, May 5, 2017
“Canadians in Combat” – in Top MMA News, October 13, 2020
“MMA International Tournament” – in Events Calendar, of ACT Kazakhstan official website, December 21, 2018
“Battle on Esil,” in News section of Alau Ice Palace official website, August 31, 2018
“Assu Almabaev vs. Galamirza Aivazov” – by Fight Nights Global TV, May 31, 2016
“Tagir Ulanbekov vs. Assu Almabaev” – by Fight Nights Global TV, January 29, 2017
“Asu Almabaev – Breakthrough of the Year M-1 Global” – by drugoity.kz
“Kazakh fighters win title fights at M-1 in Nur-Sultan” – by NEWS.ru, October 19, 2019
“Asu Almabaev won the gold medal of the CHRK in combat jiu-jitsu” – by Prosports.kz, February 22, 2020
“UFC mission. Asu Almabaev's way” – by Prosports.kz, July 13, 2020
“Asu Almabaev: The first Zhambyl sportsman in ultimate fights” – by Ec-Sport.kz,
“He was already drooling, but he held on” – by Sport.kz
International Awards
In the petition we also presented the awards that Mr. Almabaev had received:
Kazakhstan Combat Jiu-Jitsu Championship
Asian Combat Jiu-Jitsu Championship
World Jiu-Jitsu Championship
Thus, we had provided proof that Mr. Almabaev had met at least three of the required criteria and was thus eligible for a P-1 Visa.
USCIS Sends a Request for Evidence (RFE)
However, USCIS sent a request for evidence saying the evidence provided with the initial petition was insufficient. This was countered by managing member of the firm, Sherrod Seward, with additional information along with detailed explanations of why the initial petition was sufficient to prove Mr. Almabaev’s eligibility for the visa.
USCIS Denies Petition
USCIS said that the response to the RFE failed to provide evidence to establish that there are competitions in which the beneficiary will participate, and it did not provide an itinerary to show the dates and locations of any competition in which the beneficiary will compete, nor provide information regarding the beneficiary's opponents, and therefore, did not establish that his upcoming competitions require the participation of internationally recognized athletes.
I-290B Appeal Granted! P-1 Visa Reopened and Approved after Initial Denial by USCIS.
Not ones to give up so easily, we immediately filed Form I-290B well within 30 days of the date of the denial to submit a motion to reopen or reconsider.
We once again reasserted that the original information provided was sufficient for approval of the petition. We also provided additional information.
At issue is the requirement of a relationship between the petitioner/beneficiary and the event that requires the participation of internationally recognized athletes, when the petitioner is a US agent functioning as the employer, and the events that require the participation of internationally recognized athletes.
The regulations are as follows:
Engagement
All petitions seeking P nonimmigrant classification require a description of the competition, event, or performance in which the group will participate. A competition, event, or performance may include an athletic competition, athletic season, tournament, tour, exhibit, project, entertainment event, or engagement.
P-1 petitions require an engagement. The engagement here is as a management contract between the US agent serving the function as the employer and the beneficiary starting on the date of approval and extending for 36 months after.
We attached a clarification of the oral agreement in which we provided details about services to be performed, wages, fringe benefits, and working conditions.
Relationship
We were also able to establish with an example that what USCIS was asking for cannot possibly be true – that the agent and the athlete do not have a “relationship” with the international events they compete in.
The simple example used was of a track athlete on a P-1 A visa – Track Meets and USA Track & Field do not apply for P-1A visas for track athletes. The agents of track athletes are the ones who apply for P-1A for track athletes all the time with great success. Agents and track athletes do not have a contractual relationship with the track meet.
We offered several examples of sports and P-1 approvals as evidence that the relationship between the agent and the event that requires the participation of international athletes CANNOT BE PART OF THE REGULATIONS for obtaining a P-1 Visa.
Events and opponents
Through our experience in successfully getting P-1A visas for mixed martial artists where the petitioner is a US agent or applications that are UFC-related where Zuffa LLC dba UFC is the petitioner, we know that there are no requirements for athletes to be listed in events along with opponents. It is customary that UFC-related petitions receive validity dates for the length of their promotional contract. We included a screenshot of the UFC event website that only shows events about two months into the future. Due to liability concerns and contractual obligations with promotional partners and their broadcast partners, exact dates this far in the future are not publicized and subject to change due to injuries and other unforeseen circumstances. Therefore, there is little or no public media for events until it is close to the time to market the event.
P-1A Approval
On April 7, 2021, USCIS approved the P-1A visa petition. Mr. Almabaev is a successful recipient of the P-1A visa.
For more information on how we help support professional athletes and coaches with O-1 and P-1 visas, please contact our offices at 310-209-8545.