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.\u00a0 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.<\/p>\n
Athlete Visa Options<\/span><\/p>\n Option 1 – The B1 Visa<\/a>.\u00a0 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.”\u00a0 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.\u00a0 Also, payment is limited to prize money or incidentals.\u00a0 However, it does not require sponsorship and you do not have to file a petition to USCIS for approval.\u00a0 The application for a visa can be made at the Embassy and the process is very quick though not always simple to get approved.<\/p>\n Option 2 – The H2B Visa<\/a>.\u00a0 The H2B is a seasonal worker visa.\u00a0 It can be used by athletes to perform in any sport that is seasonal, such as basketball or hockey.\u00a0 However, for sports that are played year round, this visa type will not be an option.\u00a0 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.\u00a0 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.\u00a0 Another benefit is that the H2B visa holder can bring his or her spouse or children along with an H4 visa<\/a>.\u00a0 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.<\/p>\n Option 3 – The O1 Visa<\/a>.\u00a0 The O1 visa is limited to foreign nationals with “extraordinary ability.”\u00a0 This basically means that this category is reserved for accomplished professional athletes.\u00a0 Sponsorship is required but it does not need to be from the employer, it can be from a sports agent.\u00a0 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.\u00a0 Unlike the H2B visa, there is no wage requirement and there are no required tests of the labor market.\u00a0 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.\u00a0 A big benefit of this visa type is the athlete can bring a spouse and children along with an O3 visa<\/a> and you can bring your assistants (multiple) with an O2 visa<\/a>!<\/p>\n Option 4 – The P1 Visa<\/a>.\u00a0 The P1 visa is the only visa type that is specifically designed for athletes.\u00a0 The athlete does not need to demonstrate extraordinary ability and there is no distinction between amateurs or professionals or individual or groups.\u00a0 Sponsorship is required but it does not need to be from the employer, it can be from a sports agent.\u00a0 There is no prevailing wage requirement and no test of the labor market is required.\u00a0 However, the athlete must be “internationally recognized” and is used to compete at a specific athletic competition.\u00a0 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.<\/p>\n Athlete Green Card Options<\/span><\/p>\n Option 1 – PERM Labor Certification<\/a> + EB3 Green Card<\/a>.\u00a0 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.\u00a0 If no US workers can be located then the green card application can proceed.\u00a0 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<\/a>.<\/p>\n Option 2 – EB1 Green Card<\/a>.\u00a0 The EB1 requirements mirror the requirements of the O1 visa.\u00a0 The athlete must be a professional and be significant accomplishments in the sport as to show they are extraordinary.\u00a0 However, unlike the O1 visa which requires sponsorship by a US employer or agent, the EB1 category has no such requirement.\u00a0 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.\u00a0 When the green card is approved, they are required to continue in their sport but not with any particular employer or agent.\u00a0 This category is very quick and we have many EB1 cases approved in less than 1 week.<\/p>\n 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<\/a>.\u00a0 Our firm has handled thousands of immigration cases and we can evaluate your case to determine the best path for you.<\/p>\n","protected":false},"excerpt":{"rendered":" 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.\u00a0 Typically, the most difficult part of the process is finding sponsorship but, … Read 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