O-1A Comparable Evidence Category Success for CrossFit Icon Victor Hugo Castro Assaf

Oakhurst Legal Group is proud to announce a successful O-1A Visa for Victor Assaf. Victor Hugo Castro Assaf who is an exceptional practitioner in CrossFit games who has competed on the world stage in many countries. Our Law firm was able to use the comparable evidence theory to overcome a perilous request for evidence from USCIS in this case. 


About Victor’s O-1A Petitioner Neuse River Gym


The Petitioner for this O-1A case was Neuse River Gym in Raleigh, North Carolina. Neuse River Gym offers the highest quality service in the industry of health and wellness inside and outside of Raleigh. There are no gimmicks or promises. What they offer is the opportunity and the ability to work beyond any previous notion of skills or abilities. Its members are offered a full-service suite of programming, coaching support, ongoing events, child care, and unlimited memberships.


About Victor Hugo Castro Assaf


Victor lost his one arm in an accident a few years ago. He has been participating in the CrossFit Games for several years and is continuing to do so. He is interested in CrossFit Games as its workouts are versatile and his main technique is one armed Olympic lifting. He represents Ecuador and has performed exceptionally well. He is placed fourth in CrossFit games leader ranking. He is also a CrossFit coach and runs a business. 


To learn more about his story please visit the following links:


O-1A Request for Evidence with Only One Eligibility Category Recognized


Under O-1A Regulations, our law firm can prove O-1A eligibility in one of two ways; The first is “evidence of a one-time achievement (that is, a major, internationally recognized award.). This is an accomplishment such as a grammy, Olympic Medal, or World Championship.


the second way O-1A eligibility can be proven is by providing at least three of the following:


(i) Evidence of the alien’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;


(ii) Evidence of the alien’s membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;


(iii) Evidence of published material about the alien in professional or major trade publications or other major media, relating to the alien’s work in the field for which classification is sought. Such evidence shall include the title, date, and author of the material, and any necessary translation;


(iv) Evidence of the alien’s participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specification for which classification is sought; 


(v) Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;


(vi) Evidence of the alien’s authorship of scholarly articles in the field, in professional or major trade publications or other major media;


(vii) Evidence of the display of the alien’s work in the field at artistic exhibitions or showcases;


(viii) Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation; 


USCIS responded to our petition by only awarding one of these categories, which was Publications. This was strange to us because the publications spoke to the significant awards he earned around the World. Nonetheless, we knew there was an aggressive adjudicating officer on the case and creative measures were necessary to get the case approved. 


We decided to use his story for his benefit. If USCIS was not going to grant him the O-1A on a level basis, we would explain that his adaptations make him unique. In addition, these adaptations are original contributions that deserve the characterization of “comparable evidence”. Comparable evidence is an option under O-1A to argue that the listed categories do not readily apply and should be augmented for this particular case. 


For example, coaches are not usually given awards, athletes are. So when a coach is pursuing an O-1A visa, it is appropriate to ask for the comparable evidence criteria to be applied for the achievements of the coaches athletes. 


In this instance, we used his status as an adaptive athlete to show that the comparable evidence criteria is appropriate for this situation. 


Examples from the Response Using the O-1A Comparable Evidence Category


First. we address the  Single Major Award:


We do submit evidence for this category. This athlete was awarded the 4th best CrossFit athlete in the World and earned that through competition in the World’s premier CrossFit competition, The CrossFit Games.  The regulations are meant to identify the best persons in the field of endeavor. The CrossFit games identified this athlete as the Fourth Best overall CrossFit athlete in the World. 

We have provided plenty of information from the World’s most prestigious media outlets of how over a half million people compete for the title of the Fittest Person on Earth. 


Next, We Move to the Lesser Categories 


We need three of the categories to be established. You state that he satisfied the Publications which must mean that you found the publications credible and important. So thus, the information in these publications must be credible and also important to be covered in ESPN, Forbes, Sports Illustrated, and other top media outlets in the World. 


National or International Awards


High placement in competitions is readily and always accepted under the award category in sports industry-based petitions. For example, third place in the Olympics signifies the award of the Bronze Medal which signifies third place in the world. If the same world championship tournament is not in an Olympic year and/or is a sport that does not happen to be in the Olympics this same designation is expressed as placement. Here we have provided evidence that this beneficiary placed 4th in the CrossFit World Championships which means he earned the award of Fourth Place in the World. This signifies that this athlete is among the highest percentage of achievers in his industry. 


In addition, it should be also considered as comparable evidence that this is one of the best Adaptive Athletes in the world which is a further significant achievement that he is able to compete with full bodied athletes in the first place and win. 


Evidence on the significance of the Fittest Person on Earth Championship (CrossFit Games) is included with this petition. This athlete was awarded the prestige of being the 4th fittest person in the World.


Request for Comparable Evidence - Award Category 


If USCIS finds that this spectacular Adaptive Athlete, that has beaten all of the odds and inspired millions of people does not satisfy a significant award or comparable evidence of achieving the the establishment of 4th best CrossFit in the world, USCIS should have to explain that to all of the millions of people this athlete has inspired around the World. 


To be clear, this athlete should be eligible under this category, but if USCIS cannot find a way to understand that 4 place in the World is not a significant award, then the comparable evidence standard should be approved because USCIS determined the evidence did not fit under the awards category and the fact that is a Adaptive Athlete beating all of the odds, and competition while inspiring millions of people around the world. 


Membership in Prestigious Organizations


The CrossFit Games is the tournament for the Fittest Person in the World. Thus, to place high in this tournament places a person in the membership of the fittest people in the world. The selection process is garnered through the competition process of over a half million people and other members of this elite group of individuals are some of the fittest people in the World. We have already provided information on the selection process and prestige involved in becoming part of this elite group of individuals. 


Here we have provided evidence that this beneficiary placed 4th in the CrossFit World Championships which means he earned the award of Fourth Place in the World. Which signifies that this athlete is among the highest percentage of achievers in his industry. 


Request for Comparable Evidence - Memberships Category 


In addition, it should be also considered as comparable evidence that this is one of the best Adaptive Athletes in the world which is a further significant achievement that he is able to compete with full bodied athletes in the first place and enter the esteemed category of the highest placed athletes. 


Evidence on the significance of the Fittest Person on Earth Championship (CrossFit Games) is included with this petition. This athlete was awarded the membership of being fittest persons in the World.


If USCIS finds that this spectacular Adaptive Athlete, that has beaten all of the odds and inspired millions of people does not satisfy the memberships  or comparable evidence of achieving the the establishment of 4th best CrossFit in the world, USCIS should have to explain that to all of the millions of people this athlete has inspired around the World. 


To be clear, this athlete should be eligible under this category, but if USCIS cannot find a way to understand that 4 place in the World is not a prestigious membership, then the comparable evidence standard should be approved because USCIS determined the evidence did not fit under the memberships category and the fact that is a Adaptive Athlete beating all of the odds, and competition while inspiring millions of people around the world. 


Employment in a Critical Capacity 


This athlete is self-employed in the critical capacity of one of the best,  most influential and most  inspiring athletes in the World. There is no regulation under this eligibility criteria for the beneficiary not to be self employed. It is the nature of the CrossFit industry for the athlete to be self employed and self promoted. As an Adaptive Athlete, this beneficiary has garnered attention from all over the world and is recognized as a leader in the para athletic community and sports as whole. Being that he has satisfied the publications requirement, it is clear that his critical contributions to the industry of CrossFit and to the hearts and minds of millions is extremely significant. Plenty of evidence has already been provided and accepted by USCIS under the Publications category. 


Request for Comparable Evidence -

Employment in Critical capacity and Original Contributions


In addition, it should be also considered as comparable evidence that this is one of the best Adaptive Athletes in the world which is a further significant achievement that he is able to compete with full bodied athletes in the first place and enter the esteemed category of the highest placed athletes. Also doing so while inspiring millions of people around the world. 


Evidence on the significance of the Fittest Person on Earth Championship (CrossFit Games) is included with this petition. This athlete was awarded the membership of being fittest persons in the World. Evidence of world wide coverage of the inspiration that he has contributed to his field and to the people are well documented with the petition. 


If USCIS finds that this spectacular Adaptive Athlete, that has beaten all of the odds and inspired millions of people does not satisfy the Employment in Essential Capacity or the Original Contributions comparable evidence of achieving the the establishment of 4th best CrossFit in the world while inspiring millions, USCIS should have to explain that to all of the millions of people this athlete has inspired around the World. 


To be clear, this athlete should be eligible under these categories, but if USCIS cannot find a way to fit this athlete self employment in the essential employment category nor the contributions of this athlete to his industry and the public at large, then the comparable evidence standard should be approved because USCIS determined the evidence did not fit under the these categories and the fact that is a Adaptive Athlete beating all of the odds, and competition while inspiring millions of people around the world. 


We congratulate our Victor, Neuse River CrossFit and our staff on a job well done. Mission Accomplished.


-Sherrod Seward, Esq. 


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