Athletes

 The “P-1A” Visa for Athletes

For athletes coming to compete, individually or as part of a group or team, at an internationally recognized level the P-1A visa is a suitable vehicle. Competitions can be a single event or a season, tournament or tour, internationally recognized. Incidental activities such as promoting the event are permitted for P-1A visa holders. However, the P-1A athlete or their team must also be able to document their internationally recognized reputation as well, which includes a contract with a U.S. sports team or league (if normal for the sport) and at least two of the following:

· 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 alien or 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 alien or team is internationally recognized; 

· Evidence that the individual or team is ranked if the sport has international rankings; or 

· Evidence that the alien or team has received a significant honor or award in the sport.

Although commonly associated with professional baseball, P-1A status has been extended to include amateur athletes, certain coaches, and ice skaters performing in theatrical shows. P-1A status requires an I-129 petition be filed with USCIS, along with the required consultation, explanation of the competition, the employment contract, and evidence of the athlete’s or team’s achievement.  

The “O-1A” Visa for Extraordinary Scientists, Educators, Athletes & Business Professionals

Foreign nationals who possess extraordinary ability in the sciences, education, business, or athletics may be eligible for the O-1A visa. In this range of endeavors, the individual must show sustained national or international acclaim in their field – and the U.S. employment must be in that field. The latter requirement is a common pitfall for coaches who try to demonstrate their extraordinary ability by their athletic achievements as a former athlete instead of their coaching record.

To apply, U.S. employer or agent must file an I-129 petition with USCIS to establish eligibility. All petitions must include a detailed explanation of the work to be done, an itinerary of events, and an employment contract. One unique feature of all O and P visas is the consultation requirement, a written advisory opinion from an appropriate labor union. In addition, the O-1A petition requires that the foreign national establish their extraordinary ability – a level of expertise indicating that they are one of a small percentage of people who has risen to the very top of their field. This is a high standard to meet and can be done through receipt of a major award like the Nobel Prize, or more commonly by meeting three of the following:

· Receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor;

· Membership in associations in the field for which classification is sought which require outstanding achievements, as judged by recognized national or international experts in the field;

· Published material in professional or major trade publications, newspapers or other major media about the beneficiary and the beneficiary’s work in the field for which classification is sought;

· Original scientific, scholarly, or business-related contributions of major significance in the field;

· Authorship of scholarly articles in professional journals or other major media in the field for which classification is sought; 

· A high salary or other remuneration for services as evidenced by contracts or other reliable evidence;

· Participation on a panel, or individually, as a judge of the work of others in the same or in a field of specialization allied to that field for which classification is sought; or

· Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation.

O-1A petitions are typically hundreds of pages and the difficulty of demonstrating at least three of the above requirements varies in each case according to the individual and the endeavor. Careful attention must be given to the exact language of each requirement to make sure it is met. For example, simply showing articles authored by the foreign national is not enough – they must be accompanied by evidence that the publishing platform was a professional journal or a major media outlet, necessitating evidence regarding the platform itself. Likewise, showing the receipt of awards must be accompanied by evidence of the distinguished nature of the award itself. This is how O-1 filings become voluminous, especially if large portions of documents must be translated to English (an added cost most individuals don’t consider beforehand). If the requirements do not readily fit an endeavor but an individual feels they are still extraordinary, they may submit comparable evidence. But in doing so, the individual must also explain why the individual requirements are not applicable to their field. 

Once USCIS approves the petition, the foreign national will apply for the O-1A visa at a U.S. consulate overseas. The O-1A visa can be granted for a maximum of three years and can be extended. However, the length of validity is usually determined by the particular event or need that precipitated the O-1A application. Spouses and minor children are eligible for the O-3 visa. They may study but are not eligible to work in the U.S.

Support personnel may be eligible for the O-2 visa if they can establish that their assistance is an integral or essential part of the O-1 visa holder’s work or performance. The evidence should establish their current essentiality, critical skills, and experience, as well as their experience in supporting the O-1 principal.