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Sports Immigration

At Green and Spiegel, we help immigrants with extraordinary athletic abilities qualify for sports visas or Green Cards. A variety of options exist for athletes, coaches, trainers, and other sports industry professionals with plans to work or train in the US.

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Sports Visas

Athletes, coaches or other sports industry professionals who wish to travel to the US will need to secure the appropriate visa type prior to travel. Some of the most common visa options for athletes include the following:

B-1 Visas for Professional and Amateur Athletes

The B-1 visa can be used by both professional and amateur athletes for relatively short periods of stay in the US. It is the best fit for athletes who are coming to the US for a brief visit to compete in one or two athletic competitions and who do not have plans to remain in the US long-term to train or compete in a series of events or athletic season.

Professional or amateur athletes coming to the US on a B-1 visa will be admitted for a maximum stay of 6 months per entry. Extensions of that stay are theoretically possible, but practically speaking, if a B-1 athlete has reason to extend his or her stay beyond 6 months, it is probably wise to apply for a P-1 or O-1 sports visa instead.

Amateur athletes cannot make money on their B-1 visa while in the US. Professional athletes who hold a B-1 visa may collect prize money in an athletic competition, however, they cannot collect a salary and should not engage in employment in the US. Sponsorship payments can be problematic for B-1 visa holders, therefore, if the athlete receives sponsorship money and holds a B-1 visa, it’s best to consult with an experienced sports immigration lawyer to make sure that you are not violating the terms of your B-1 status.

One of the key advantages of the B-1 visa lies in the fact that, unlike other sports visas, the B-1 visa does not require that you have a US sponsor, petitioner, agent, or employer.

If the athlete already holds a valid B-1/B-2 visa and is traveling to the US to compete in an event where there is potential to win prize money, it is important that the athlete lets the CBP officer at the border know and ask to be stamped in as a B-1 athlete rather than a B-2 visitor. If the athlete is admitted as a B-2 and nonetheless collects prize money, the athlete could be deemed to be in violation of the visa status.

P-1 Visas for Individual and Team Athletes and Support Personnel

  • The P-1 visa is available to individual professional athletes and professional athletes who compete as a part of a team. The athlete or the team must be “internationally recognized” to qualify for the P-1 visa. The P-1 may also be available to amateur coaches or athletes who meet certain additional criteria.

    The P-1A visa for professional athletes is often a great option for individual athletes who have only recently signed their first professional contract, but who nonetheless have already attained significant accomplishments in the sport. In our practice, we commonly pursue P-1A’s for Track & Field athletes who have recently graduated NCAA schools and have begun to compete internationally at the Senior level. We often use their NCAA accomplishments to prove their qualifications for the P-1 visa.

    To be considered internationally recognized, the athlete must meet at least two of the following criteria:

      • Evidence of having participated to a significant extent in a prior season with a major United States sports league;
      • Evidence of having participated in international competition with a national team;
      • Evidence of having participated to a significant extent in a prior season for a U.S. college or university in intercollegiate competition;
      • A written statement from an official of the governing body of the sport which details how the athlete or the team is internationally recognized;
      • A written statement from a member of the sports media or a recognized expert in the sport which details how the athlete or the team is internationally recognized;
      • Evidence that the athlete or the team is ranked, if the sport has international rankings; or
      • Evidence that the athlete or the team has received a significant honor or award in the sport.

    The P-1 application also requires the submission of an itinerary, competition schedule or contracts for events, and a consultation letter from the appropriate peer organization or labor union.

    The maximum admission period on a P-1A visa is 5 years, however, the specific duration of your admission will depend on the contract and competition schedule in the U.S.

    It is possible for essential support personnel to obtain a P-1S visa if they are coming to the US to support the performance of a P-1A athlete.

    While the P-1 visa does not require an employer, opening the door for traditionally self-employed individual athletes to obtain this visa, it does require a US petitioner. Coaches, agents, gyms, training groups, or sponsors often serve as petitioners for our P-1 athletes.

O-1 Visas for Extraordinary Athletes and Coaches

The O-1 visa is reserved for athletes and coaches who can show extraordinary ability by sustained national or international acclaim in their sport. The O-1 visa may also be available to coaches, athletic trainers, physical therapists, and other support staff who can demonstrate extraordinary ability.

O-1 visas are for seasoned professional athletes who have won significant international awards in the sport. Individuals who have won medals at continental or area games, world championships, or the Olympics are generally well-qualified for the O-1 visa. These athletes typically do not have a problem meeting the criteria required for an O-1 visa.

To establish sustained national or international acclaim, and thus, extraordinary ability, an athlete, coach, or other applicant must submit evidence that he/she has won at least one major internationally-recognized award.

The maximum admission period on an O-1 visa is 3 years, however, the specific duration of your admission will depend on then athlete’s contract and competition schedule in the US.

 

Although the O-1 and P-1 sports visas are considered employment-based or so-called “work visas,” they do not allow the athlete to engage in unrestricted employment. In fact, the type of employment the visa holder is authorized to accept is very limited and includes only the engagements, competitions and events included in the approved O-1 or P-1 petition. An O-1 or P-1 athlete cannot hold a side job of any kind without violating the terms of the O-1 or P-1 petition.

One widespread myth is that O-1 or P-1 athletes can work on the side as personal trainers or coaches when they are not competing as athletes. This is untrue. The approved petition is either for an athlete or a coach, and it is exceedingly rare, if not impossible, for USCIS to approve a petition that includes both competing as an athlete and coaching.

Spouses and unmarried children under the age of 21 can accompany the athlete to the US on a valid P-1 or O-1 status.

Holding an O-1 or P-1 sports visa does not automatically qualify the athlete for a sports Green Card. However, if the athlete currently holds an O-1 or P-1 visa, and meets the criteria for an EB-1A sports Green Card, you can submit your Extraordinary Ability Petition, Form I-140, without putting your P-1 or O-1 at risk. This is because O-1 and P-1 visas permit dual intent, and the filing of a I-140 petition does not interfere with the ability to hold an O-1 or P-1 visa and travel on it while you are awaiting your green card.

Permanent Residence (Green Card)

EB-1A Green Card for Extraordinary Ability in Sports

Athletes, coaches, and other sports industry professionals who can demonstrate extraordinary ability in sports may be eligible for a sports Green Card under the EB-1A Extraordinary Ability category. There is no requirement that an EB-1A applicant have ever previously held an O-1 or P-1 sports visa, however, due to the current waiting period for sports green cards, an athlete who has an immediate need to travel to the US may need to secure a sports visa while awaiting the sports green card. For the purposes of the Extraordinary Ability green card through sports, the applicant must have a one-time major achievement (in sports, this usually means an Olympic or World Championship medal) or at least 3 of the following:
    • Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
    • Evidence of your membership in associations in the field which demand outstanding achievement of their members
    • Evidence of published material about you in professional or major trade publications or other major media
    • Evidence that you have been asked to judge the work of others, either individually or on a panel
    • Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
    • Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
    • Evidence that your work has been displayed at artistic exhibitions or showcases
    • Evidence of your performance of a leading or critical role in distinguished organizations
    • Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
One of the major advantages of the EB-1A green card is that it does not require an employer or a job offer. However, the applicant must be able to demonstrate that he or she is coming to the US to continue work in the area of their extraordinary ability. This requirement can present problems for athletes whose competitive careers are coming to a close and who are transitioning into coaching, training, agency, officiating, or commentating.

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