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.

Visa for a Mixed Martial Arts Coach

I am starting a mixed martial arts school in San Diego and would like to bring a several instructors here to teach. I have an individual from Brazil and another from Thailand. They’ve both won several tournaments in BJJ and Mui Thai and have coached fighters competing in both PRIDE and UFC. While my school isn’t quite ready to open, I do want to generate some publicity and advertise these two as instructors to build some business so I don’t have an empty building when we open. How can we bring these two to the US and how long will it take to get them here?

The first thought for these types of coaches would probably be a P3 visa since both martial arts are culturally unique to their respective countries. However USCIS, for reasons unknown, rarely approve P3 visas for marital arts instructors. The California Service Center recently denied a P3 visa for a Taekwondo instructor for a Korean national and even conceded that the sport was the national sport of Korea. Therefore, a decision must be made between a P1 visa and an O1 visa. In a previous Q&A, we discussed O1 v. P1 and concluded that the general rule is that O1 visas are for individuals and P1 visas are for groups. However, in this case, the P1 visa is more appropriate for each simply because USCIS has a history of approving P1 visas for martial arts coaches.

We can get the P1 petitions approved by USCIS in 15 days or less and schedule both of them for visa interviews shortly thereafter. They’ll be ready to enter as soon as you need them.

Is an O1 Visa or P1 Visa More Appropriate for a Rock Band?

Hi, we have a well known band in the UK and are looking to tour the US. I’ve spoken to several different lawyers and they are all giving me different advice. Can you tell me if we should be looking to get an O visa or P visa?

While it is technically possible for the lead in the band to procure an O1 visa and the rest to procure O2 visas, the simple rule is that the O is for individuals and the P is for groups. You would be much better off applying for the P visa.

Agents May Sponsor O and P Nonimmigrants Under Certain Circumstances

Under 8 CFR 214.2(o)(2)(i) and 8 CFR 214.2 (p)(2)(i), O and P petitions may only be filed by a U.S. employer, a U.S. agent, or a foreign employer through a U.S agent. Both the O and P regulations provide that if the beneficiary employee will work concurrently for more than one employer within the same time period, each employer must file a separate petition with the Service Center that has jurisdiction over the area where the alien will perform services, unless an “established agent” files the petition. See 8 CFR 214.2(o)(2)(iv)(B) and 8 CFR 214.2(p)(2)(iv)(B). A petition filed by an agent is subject to several conditions. A petition involving multiple employers may be filed by a person or company in business as an agent as the representative of both the employers and the beneficiary, if:

1.  The supporting documentation includes a complete itinerary of the event or events;

2.  The itinerary specifies the dates of each service or engagement, the names and addresses of the actual employers and the names and addresses of establishments, venues, or locations where the services will be performed;

3.  The contracts between the employers and beneficiary are submitted; and

4.  The agent explains the terms and conditions of the employment and provides any required documentation.