O-1 and P-1 Visa Filing Program for International Students Athletes on F-1 and Opt
Sherrod Sports Visas and Oakhurst Legal Group are proud to present a special program for international student athletes looking to change status from F-1 and OPT to a more robust employment based visa in the P Visa or O Visa category. In the current landscape, especially with new Name, Image & Likeness regulations (“NIL”) it is increasingly more important for international student athletes to know their options for transitioning to employment based visas.
To support foreirn national student athletes, we have a special program for pursuing both O-1 and P-1 visas to better ensure international student athletes' success in changing status.
Breaking down the O-1A and P-1A program for international student athletes
In our experience, most international student athletes desire to change status to the O-1A visa because it has a much more flexible work authorization than the P-1A visa and it is a great segway to permanent residence under the EB-1A program. When structured properly, the O-1A visa supports employment in a variety of capacities for multiple employers all using the same visa approval. Meanwhile, the P-1A visa is based on the notion that the athlete will continue to compete in events that require the participation of internationally recognized athletes and only supports anciliatary employment such as receiving sponsorships.
This limited work authorization for the P-1A visa is problematic for athletes that are looking to move into non competitive roles such as coaching or teaching and rather not continue to compete in their respective sport. The issue with the O-1A is the high eligibility requirement and the subjectiveness of the eligibility categories. It is much more difficult to obtain an O-1A than a P-1; that is why our program exists
For International Student Athletes that pursue an O-1A using legal services, we have two options to present a P-1A visa as additional support.
First Option for International Student Visas
Our firm will file a P-1A visa application at the same time as the O-1A visa for $1000 (including regular processing). Under this option, the P-1A can be pending while the O-1A is adjudicating and there is no need to appeal the O-1A if USCIS does not approve the case to maintain status in the United States.
Second Option for International
If by chance an O-1A is denied for an international student athlete, Sherrod Sports Visas will file a P-1A for just the filing fees on behalf of the client. Filing fees for regular processing are $460. Please note that if the client is currently in the United States and their visa status has expired; it is necessary to file an appeal to keep the chain of active status current to promote a change of status to the new visa category.
Sports Immigration Lawyer, Sherrod Seward, Esq. discusses visa options for International Student Athletes
In this video, Sherrod Seward, Esq., world renown sports immigration lawyer, discusses how International Student Athletes can change status to P-1 or O-1 visas and the advantages for each one.
Advantages of P-1 Visa for International Student Athletes on F-1 or Opt Visas
The P-1 visa allows students to obtain 3 to 5 year visas to compete in the United States, train for these activities, and also maintain sponsorships in relation to the competitions. Being an NCAA athlete is one of the seven categories of eligibility for P-1 visa status. Satisfying another category can be awards won during the NCAA category, opinions of experts in the sport, participation with a national team, and more. The more challenging portion of the P-1 application is satisfying the itinerary portion of the application that calls for a series of events that require the participation of internationally recognized athletes.
Advantages of O-1A Visa for International Student Athletes on F-1 or Opt Visas
The O-1A visa allows international student athletes to obtain 3 year nonimmigrant status to compete, coach, perform seminars, and produce content related to their sport. The great thing about O-1A visas is that they have much more flexibility for work authorization. There is no need for the athlete to have to compete at all under this category unlike the P-1 visa. This is very helpful in sports such as tennis where the international student desires to work for a country club and does not necessarily want to compete. This is also helpful in sports where it may be tough to come up with an itinerary that requires the participation of internationally recognized athletes. The O-1A does have more difficult standards for eligibility than the P-1 visa and each case must be assessed individually.
For more information, do not hesitate to contact our office at 704-243-8178