Athlete Visa and Athlete Green Card Options

For foreign nationals who wish to come to the United States to work or perform as an athlete in sports like football, basketball, hockey, MMA, tennis, golf or in other competitions, there are several different visa and green card options to be found.  Typically, the most difficult part of the process is finding sponsorship but, fortunately for you, I can tell you several ways to get around that issue to perform in the US legally.

Athlete Visa Options

Option 1 – The B1 Visa.  The B1 visa, also known as a business visa, can be used by amateur athletes “competing in an athletic event for which they will receive no payment, other than incidental expenses” and by professional athletes “who receive no salary or payment other than prize money.”  This is clearly not the best option for an athlete who wishes to remain in the US for a longer term as this visa is limited to a six month duration and typically only granted for the exact sporting event period which can be just a couple weeks.  Also, payment is limited to prize money or incidentals.  However, it does not require sponsorship and you do not have to file a petition to USCIS for approval.  The application for a visa can be made at the Embassy and the process is very quick though not always simple to get approved.

Option 2 – The H2B Visa.  The H2B is a seasonal worker visa.  It can be used by athletes to perform in any sport that is seasonal, such as basketball or hockey.  However, for sports that are played year round, this visa type will not be an option.  The H2B visa required a US employer to sponsor the athlete and even more than that, the employer is required test the market for potential employees, run advertisements and promise to pay the “prevailing wage” for the job.  Then the employer must file applications with both the US Department of Labor and USCIS and get approvals from both before a visa application can be made at the Embassy.  Another benefit is that the H2B visa holder can bring his or her spouse or children along with an H4 visa.  The process is slower and cumbersome and you must stay aware of the H2B visa cap which mandates that only 66,000 H2B visas be issued each fiscal year.

Option 3 – The O1 Visa.  The O1 visa is limited to foreign nationals with “extraordinary ability.”  This basically means that this category is reserved for accomplished professional athletes.  Sponsorship is required but it does not need to be from the employer, it can be from a sports agent.  Having a sports agent as a sponsor for your O1 visa is ideal for golf, tennis or other individual sports players that are going to play at multiple different sports events or tournaments.  Unlike the H2B visa, there is no wage requirement and there are no required tests of the labor market.  The employer or agent will file a petition with USCIS and once that is approved, an application for a visa can be made at the Embassy.  A big benefit of this visa type is the athlete can bring a spouse and children along with an O3 visa and you can bring your assistants (multiple) with an O2 visa!

Option 4 – The P1 Visa.  The P1 visa is the only visa type that is specifically designed for athletes.  The athlete does not need to demonstrate extraordinary ability and there is no distinction between amateurs or professionals or individual or groups.  Sponsorship is required but it does not need to be from the employer, it can be from a sports agent.  There is no prevailing wage requirement and no test of the labor market is required.  However, the athlete must be “internationally recognized” and is used to compete at a specific athletic competition.  If you are only competing for prize money, the B1 visa is likely the better option and if you want to remain in the US for a longer period of time then you are likely better off with the H2B visa or O1 visa.

Athlete Green Card Options

Option 1 – PERM Labor Certification + EB3 Green Card.  The PERM labor certification requires a US employer to promise to pay the athlete the prevailing wage and perform a test of the US labor market to see if any minimally qualified US workers are willing and able to take the position, if offered to them.  If no US workers can be located then the green card application can proceed.  The PERM process + the green card process typically takes a couple years if there are no complications or no visa availability issues as listed in the visa bulletin.

Option 2 – EB1 Green Card.  The EB1 requirements mirror the requirements of the O1 visa.  The athlete must be a professional and be significant accomplishments in the sport as to show they are extraordinary.  However, unlike the O1 visa which requires sponsorship by a US employer or agent, the EB1 category has no such requirement.  That means that any foreign athlete can self sponsor and petition for a green card based on their own merits and does not have to rely on anyone else.  When the green card is approved, they are required to continue in their sport but not with any particular employer or agent.  This category is very quick and we have many EB1 cases approved in less than 1 week.

If you would like to explore your athlete visa or athlete green card options, you can contact our office by phone at 305-515-0613, by email at info@messersmithlaw.com or through this contact form.  Our firm has handled thousands of immigration cases and we can evaluate your case to determine the best path for you.

New NIW Petition After a Recent Denial

I’m considering to hire a lawyer for green card application. I applied green card under the NIW category before, however was rejected a year ago. I’m currently under H1b visa, my position will end in a month. I havn’t found another job yet. I attatched my CV here and would like to know if my case stands a chance. Thanks!

Deciding when to file an NIW petition is very important because any denials will follow you when you make a new application. On each application, you must disclose previous denials and the adjudications officer will pull your old file to see why it was denied and you the reasons for the last denial against you. At this point, I would recommend filing a new NIW only if you are able to overcome the reason why the last application was denied. We have handled many second filings with success but we will have to carefully review your accomplishments and the previous denial decision.

Physician J1 Waiver Job While Applicant is Outside of the US

I am a physician intraining Board certified from the US.

I will be finishing my training in New York city, and will be living in Canada for family reasons.

My 2 years home residency are in my country of last permanent residency which is Lebanon and not Canada.

Can I apply for a J1 waiver job through your office despite the fact that my J1 status expired and I didnt fullfill my 2 years home residency? and I am living in Canada and not the USA? or the only way to apply for a J1 waiver is if the J1 visa is still valid and I am still physically present in the USA and still didnt finish my training in the US??

Knowing that I finished my internal medicine training and am already Board certified.

Thank you

You do not need to be present in the US to apply for a J1 waiver. As long as you obtain a full time job offer to work in an underserved (HPSA/MUA) area, we can help you. Once the waiver is approved, you will need to enter on an H1B visa to begin work for the following three years.

Physician NIW – HPSA/MUA Employment

Hello, I would like to know how long after signing a contract you can file the NIW application. I am finishing my 3 year J1 waiver, and will transfer jobs to another MUA/HPSA location, but I hear you couldn’t file before 6 months of the contract date. Is that period related to the original 3y contract for the waiver or the second one?

Also, can I start working with you on the application before I secure the contract?

Filing the NIW can begin before securing the employment contract but you will not be able to gain State support until you do so. State support of the waiver is mandatory before you can secure the waiver. Filing deadline with the State varies from state to state. We can start on your application now and ensure that your file is properly prepared when the application window opens.

NIW Minimum Requirements

I’m considering filing a green card through the NIW. What are the minimum requirements to apply for an NIW? To apply for an NIW, do I have to be both an Advanced Degree Professional and Alien of Exceptional Ability?

The national interest waiver is within the EB2 category and must meet the minimum requirements of EB2 which is evidence of an advanced degree or exceptional ability.

NIW Recommendation Letter

I’ve attached my CV for you to review to see if I’m qualified for NIW. I have one issue.  I don’t really get along with my boss. If my boss is not willing to write a strong letter of recommendation for me, can I still have a successful NIW?

While it is certainly helpful to obtain a letter from your boss certifying that your work is in the national interest and that you are playing an important role, it is not mandatory. In fact, under the NIW category, a job or job offer is not even a requirement. Evidence of your accomplishments in the field and other letters from your peers can be used instead.

Principle Green Card Applicant to File Without Dependents

I’m ready to have you handle my green card case through both EB1 and NIW. I do not want to file the green cards petition for my wife and daughters at this time due to our financial situation. Is it Ok if I have my case approved first then file for them? Will they still be able to benefit from my approval? Thanks.

While it is possible under immigration law to do what you are requesting, it can be dangerous if not timed perfectly. I understand that an additional $3,030 in filing fees is a lot of money but I would recommend you either 1. File your EB1 and NIW first without any green card application or 2. Borrowing the money or wait until you’ve saved sufficient funds and then file for everyone simultaneously.

H1B Visa Application while I-140 NIW is Pending

I’m currently on OPT and I just got a job offer. The company is willing to sponsor me for an H1B visa. I have a pending I-140 through NIW. Can I apply for an H1B visa while my I-140 is pending.

Certainly. An H1B Visa allows the applicant to have both immigrant and nonimmigrant intent so you may apply and obtain an H1B visa while you have a green card application pending.

J1 Waiver for a J2 Holder

I have J1 visa and my spouse J2 visa. Our visa expires on September 6, 2012 and I am leaving with my kids back. But my husband needs to stay here in order to improve his English and get some upgrade in his education. But he has as I do, two year rule restriction. Can you help us to waive this 2-year rule? If I am not intending to stay here and planning to leave in April, is it possible that the process goes without me. Or is it necessary, that I stay here till the decision is made.

Canceling the labor certification is not required. You can file simultaneous EB1 and NIW petitions and We can help you with a waiver. You do not need to stay here until the decision to be made but it’s not possible to process the case without you.

Fast NIW Green Cards

I heard you from a friend who received his green card through NIW in less than a month after filing. I looked at your approved petitions and found more NIW and EB1 petitions approved in weeks. I can’t believe this. I have a pending labor which was filed in the beginning of last year. In this case, do I need to withdraw the labor then file NIW or file NIW immediately without canceling the labor. Please let me know ASAP so I can start my case with you. Thank you.

Canceling the labor certification is not required. You can file simultaneous EB1 and NIW petitions and retain the labor certification filing. For many scientists and researchers, a labor certification is not required and will significantly lengthen the amount of time it takes to obtain residency. In addition, the NIW and EB1 avenues do not require employer sponsorship which is very difficult for the majority of new PhD holders to obtain. Please send us a copy of your CV/resume and we can determine if you are qualified for a self sponsored EB1 and/or NIW application.