O-2 or P-1 Visa and Other Options for Essential Support Staff

O-2 or P-1 Visa Option for Referees and Judges

O-2 or P-1 Essential Support Staff visas or ESTA and B visitor visas for referees (on-screen) and judges (off-screen)

Typically, sports and event promotions leave referees and judges to figure out their own visa situation in our experience. Typically, the referees and judges are assigned by the athletic commission in the United States for boxing and mixed martial arts events. 

We understand that the judges and referees are chosen and ultimately paid through the athletic commissions. The athletic commission collects fees from the promoter and pays the judges and referees from those fees.

If it is the case that referees/judges are on the payroll for a promotion based outside the United States. The referees should at least look at O-2 visas, off screen judges should obtain proper visas if they are getting paid in the United States. But in most circumstances, the promoter leaves it up to them to figure that out. 

H2-  The ESTA and B Visitor Visa Option 

What if the referees and judges are being paid directly by a foreign-based event promoter?

If it is certain that the referees and judges will be paid directly by a foreign-based promotion company. It is appropriate that the event workers that are off-screen come to the United States on a B visitor visa. 

It is most appropriate to say its best practice for persons that appear on screen, and work for the event promoter as opposed to one of the athletes,  to have at least an essential support staff visa under O-2 in this case or P-1S. This is not necessarily because it is REQUIRED under United States immigration law, but because it avoids the gray area which could cause problems later on. 

For example, if the event is highly publicized and watched by a lot of people, it is more likely that USCIS or consulate workers might notice and bring this up for questioning the next time the person comes to the United States. In addition, the labor organizations that typically provide consultation letters for on-screen talents, such as the Screen Actors Guild, work closely with USCIS and can alert them if they feel talent is working on screen without proper work authorization. 

In these circumstances, it is not fatal to the person(s) impacted but it may cause them to have explain the situation in detail upon the next entry. 

The Letter of Invitation Approach

Another approach for referees and judges that will not be paid in the United States by athletic commissions or regulatory bodies

Another approach for on-screen talent that can prevent confusion is to create letters of invitation and present them to the consulate before entry. These letters should make it clear the dates of travel, the details of the travelers’ activities in the United States, and confirmation from the foreign event promoter that no payment will be made to the persons by a United States entity. 

If the persons traveling will not be paid by the athletic commission in the United States, this would be an appropriate route and the best practice is to send a letter of invitation explaining the travel to the consulate and port of entry from which they are traveling.