What are best practices when renewing P-1S and O-2 visas for essential support staff?

Renewing P-1S and O-2 visas can become a complicated process, especially when there are changes with the principle P-1 or O-1 visa holder. In most cases, the renewal period for P-1S visas will come much sooner than the O-2 visa because first time approvals are typically only granted for one year. Meanwhile, O-2 visas are granted for the full length of the principal O-1 visa holder. 

For P-1s visas, we highly recommend that beneficiaries file well in advance of the one year deadline on regular processing and make the start date the day after the original filing validity date ends. This makes certain that the beneficiaries file while the principal athlete is still competing. Sometimes, an athlete may get hurt or have another life incident that prevents them from competing, making it possible for USCIS to deny the renewal application because the principal P-1 visa holder is not competing. 

For O-2 visas, there is more time to work with but we still like to apply early with regular processing. 

What if there are changes to the principle P-1 or O-1 visa holder?

If there are changes to the principle P-1 or O-1 visa holder, then the application may have to be treated as a new application. For one, if a P-1 visa holder is changed, even if the new P-1 visa holder is on the same team, the P-1S visas will have to be restarted with the new athlete. Unfortunately, USCIS will usually only grant one year on those new P-1S visas but sometimes will still give a full validity period. For O-2 visas, the applications on renewal should include any new activities that O-1A visa holders may incur to maximize the work authorization under the visa. 

How do changes in P-1 and O-1 visa status impact consular processing for P-1S and O-2 essential support staff visas?

If there is a change to a P-1 or O-1 visa holder, there is a strong possibility that USCIS and/or the State Department can find out via a google search. For example, if a principal O-1 visa holder for a production terminates a contract  or a P-1 visa holder for an athletic team leaves, it's possible that USCIS/State Department will be able to see this information when a P-1S or O-2 essential support staff member attempts to cross the line. 

Increasingly, persons are being denied admission to the United States on P-1S and O-2 visas when the principal is not in the United States at the same time as the essential support staff.