P-1 Visa Ask Whether To Pursue O-1 Non-Immigrant Visa Or EB-1A Permanent Residence

Question from Current World Ranking Boxing Client: 

I am hoping you can offer some guidance about how to plan for our boxer’s immigration situation going forward.  Right now, as you know, he is here on a P1 visa that expires in May, 2024.  Although that is still a long way off, we want to know about his options ahead of time in order to properly plan.  You had mentioned in the past that an O1 visa is a possibility.  I also wonder whether the boxer could be eligible to apply for a green card.

Part of the thinking is that there is always uncertainty about how long a boxing career will continue, and the boxer has made a life for himself in the United States that goes beyond simply training for his fights here

Eligibility Status of the World Ranked Boxer: 

  • Fought and Lost a world championship

  • Obtained a international championship

  • Currently ranked in the top 15 for several sanctioning bodies

  • Earned over $300,000 in last bout

  • Could content for world championship in the next 8 months

  • Still has over a year left on current 

 

In this case, I ultimately think it is best for the fighter to pursue a green card EB-1A petition now while there is plenty of time left on the current visa. The boxer could then revert back to an O-1A visa option if the EB-1A does not go through. 

 

In my opinion, he is a great candidate right now for an EB-1A because we can use his accomplishments as is to satisfy several of the EB-1A visa categories such as international championships (for Continental and Amatuer Championships, Memberships (current rankings and championships, coverage in media, remuneration for high purses in last couple of fights, original contributions, and perhaps other categories. Because he has so much time left on his visa, he could apply now for the eligibility portion of his EB-1A with regular processing (which we see often is adjudicated less harshly than premium processing). If the time starts getting close to when his visa is about to expire, he can always add premium processing later. 

The next step to consider is the actual Permanent Residence (“Green Card”) portion of the process. 

To Obtain A Green Card As An Exceptional Athlete Under EB-1A, There Are Two Parts Of The Process

  1. Eligibility - EB-1A. First the athlete has to become ElIGIBLE for the visa by providing extraordinary ability. This is what we described with the categories above. 

  2. Permanent Residence. While the EB-1A is pending or after it is approved, the athlete can pursue the actual Permanent Residence which is the Green Card and there are two ways to do this

Pursuing Permanent Residence For Athletes While The EB-1A Is Adjudicating

Adjusting Status While In The United States

 

The first way to become a permanent resident while pursuing EB-1A is the file for adjustment of status. This means you remain in the United States while your EB-1A is pending. Under this option, the athlete can file for the Green Card at the same time the EB-1A is filed, while it is pending, or after it is approved. However, under this option, the athlete would remain in the United State without traveling for 6 to 8 months while they wait for the advance parole document to be approved so that traveling during adjudication is permitted. Otherwise, they would abandon the application if they traveled before receiving the advance parole. This option is more expensive with filing fees by about $1000 dollars than the second method, but is more common in our experience. 

 

Consular Processing with National Visa Center

The second way to pursue permanent residency under the EB-1A program as an athlete is to wait until the application is approved, then consular process the Green Card. In this method, the athlete would wait until the application is approved and then apply to the National Visa Center to get an interview for the Green Card. The timing on this method can be varied depending on the country and number of visas available at the time. The positive aspect is that the athlete can travel back and forth out of the United States the entire time the EB-1A is pending. The filing fees for this option are about a thousand dollars less than adjustment of status. The process requires considerable back and forth with the National Visa Center before the interview is set. 

Again, I would recommend that this athlete pursue the EB-1A soon while there is plenty of time left on his P-1A visa. If he can stay in the US for a continuous period of six to eight months, he can file for the Green Card when the EB-1A is filed. Otherwise, he can apply for the EB-1A and see how it fairs, then consular process for the Green Card, once the EB-1A is approved. The absolute quickest way to the Green Card is to do EB-1A with expedited processing then use the consular processing option for the Permanent Residence portion of the process.

Sherrod Seward