Athletes and Sports Teams
P-1 Visa
The P-1 visa allows certain athletes to work temporarily in the United States. These foreign athletes may apply individually or as part of a team if they are coming to the U.S. to perform temporarily or compete in a sporting event, in which the performance level is internationally recognized.
A clear advantage of the P-1 category is the wide variety of athletes who may qualify under this provision. The P-1 category encompasses all athletes who perform at an internationally recognized level of performance and who fall into one of four sub-categories:
- Individual athletes
- Athletes who are members of certain professional leagues
- Athletes and coaches who participate in certain amateur leagues
- Athletes who participate in theatrical ice skating productions
An individual athlete may obtain P-1 classification if he or she is an internationally recognized athlete based upon reputation and achievements as an individual or if as a member of a foreign team which is internationally recognized.
The alien must come to the U.S. to perform services which require an internationally recognized athlete. Individual athletes must come to the U.S. to participate in an athletic competition with a distinguished reputation which requires participation of an athlete or a foreign athletic team with an international reputation. Professional team athletes may qualify for a P-1 visa so long as they are employed by a team that is either a member of an association of six or more professional sports teams with a total combined revenue in excess of $10,000,000 per year.
Amateur athletes and coaches may obtain a P-1 visa if they are part of a team or franchise that is located in the U.S. and is a member of a foreign league of fifteen or more amateur sports teams, if:
- The foreign league or association is the highest level of amateur performance of that sport in the foreign country
- Participation in such league or association renders players ineligible to participate in sports at the collegiate level in the U.S.
- A significant number of individuals who play in such league or association are drafted by a major sports league or its minor league affiliate
Professional or amateur athletes who perform in a theatrical ice skating production may qualify for a P-1 visa. These athletes may come to the U.S. either to perform in a specific theatrical ice skating production or tour or to perform as an athlete in a specific athletic competition.
The P-1 visa is available to athletes who have achieved “outstanding” national or international recognition in their discipline. A P-1 case for an athlete must include:
- A tendered contract with a major U.S. sports league or team or a tendered contract in an individual sport indicating international recognition in that sport
- Evidence of participation in a prior season with a major U.S. sports league
- Evidence of participation in an international competition with a national team
- Evidence of participation in a prior season for a U.S. college or university in intercollegiate competition
- A written statement from an official of a major U.S. sports league, an official of the governing body of the sport, a member of the sports media or a recognized expert in the sport which details how the athlete is internationally recognized
- Evidence that the athlete is ranked (if the sport has international ranking)
- Evidence that the alien or team has received a significant honor or award in the sport
Although the P visa category requirements are fairly specific, most athletes who play for major and minor league sports leagues may qualify. The P-1 visa also has benefits for team administrators in that there is no limit on the number of athletes for whom a team may petition, and there is no numerical cap on the number of non-immigrants who may enter the United States on a P-1 visa.
O-1 Visa
The O-1 visa can also be used for athletes with "extraordinary ability." In order to obtain an O-1 visa, the athlete must show that he or she is of a small percentage of people who have risen to the top of their field.
To qualify as an internationally recognized athlete, the applicant must be able to demonstrate the following:
- They should have an international ranking in their sport
- They should hold significant honors or awards in the sport
- They should be able to provide a written statement from the sports media or a recognized expert or a written statement from a major U.S. sports league or official of the sport’s governing body
- Be able to show evidence of participation in international competition with a national team
- Be able to show evidence and significant participation in a prior U.S. major league season.
The following are examples of proving O-1 eligibility:
- Receipt of a major internationally recognized award such as an olympic medal
- Receipt of nationally or internationally recognized prizes/awards for excellence in the field
- Membership in organizations in the field that require outstanding achievement of their members, as judged by recognized national or international experts
- Published material in professional or major trade publications or major media about the prospective employee
- Participation on a panel or as a judge of the work of others in the same
- Past high salary or other remuneration for services evidenced by contracts or other reliable evidence
H-2B Visas
The H-2B visa allows athletes who are unable to meet the higher standards of the O-1 and P-1 visas to be temporarily employed in the Unites States. However, in order to obtain an H-2B visa, the sponsoring team must obtain a labor certification from the Department of Labor. Athletes playing under a minor league contract typically are issued an H-2B visa, but only up to a maximum of one year.
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