Using O-1 and O-2 visas for competition teams rather than P-1 Visas
A combination of O-1 and O-2 visas may be more feasible than obtaining P-1 visas for competition teams in certain circumstances
Sherrod Sports visas continually provides problem-solving to the greatest immigration issues in sports. Our law firm is actively exploring the utility of O-1 & O-2 Visas in lieu of P-1 visas for athletes for emerging sports leagues, combat sports promotions, training facilities & management teams. There are plenty of circumstances that can make obtaining consistent P-1 approvals difficult for organizations just starting to get their international programs off the ground, especially in team sports such as American football, new soccer leagues, and cricket leagues.
What are the P-1 visa requirements for internationally recognized athletes?
In order to receive a P-1 visa, the team or athlete must be internationally recognized; and the athlete must be competing in events that require the participation of internationally recognized athletes.
- Description of P-1A visa eligibility from a recent request for evidence.
To be eligible for P-1A classification, the athlete or team must have an internationally recognized sports reputation. For individual athletes, the international recognition must be based on their reputations, while for a team, the entire team must have achieved international recognition. At least you must provide two of the seven evidentiary criteria listed below to demonstrate international recognition.
The seven evidentiary criteria are:
Participation in a prior season with a major U.S. sports league
Participation in international competition with a national team
Participation for a U.S. college or university in intercollegiate competition
A written statement from an official of the sport’s governing body
Written statements from sports media or recognized experts
Ranking in the respective sport
Receipt of a significant honor or award in the sport
For individual athletes, the evidentiary criteria should be focused on their personal accomplishments, while for a team, you should focus the evidence on the team's accomplishments. You can use written statements from officials of the sport's governing body, sports media, or recognized experts to demonstrate international recognition. Additionally, participation in international competitions, intercollegiate competitions, or major U.S. sports leagues, as well as rankings in the respective sport, can also be used as evidence of international recognition. Finally, significant honors or awards in the sport can be used as evidence of the athlete's or team's international recognition.
Series of events that require the participation of internationally recognized athletes
When filing a petition for a P nonimmigrant classification, it is necessary to provide a detailed description of the competition, event, or performance in which the beneficiary will participate. This can include a wide range of activities such as athletic competitions, exhibitions, projects, entertainment events, and engagements.
It may even include short vacations or promotional appearances for the employer.
The evidence in the record must indicate that the beneficiary, whether an individual athlete or a member of an athletic team, is coming to the United States to participate in an athletic competition or league that is internationally recognized and requires participation from athletes or teams with an international reputation.
To prove that the beneficiary will be competing at an internationally recognized level, the petitioner must provide evidence such as published materials or documentation that demonstrates the extent of media coverage of the competition or league, the requirements to qualify for participation in the competition or league, the international ranking of athletes competing, the structure of the competition or league (including major, minor, regional/local, or academy teams), viewership and attendance data, revenue data, and any prize money or awards attached to the competitions.
If the beneficiary is a P-1 athlete, the event may be the duration of their contract. It is possible to submit additional evidence to satisfy this requirement.
The description should include an explanation of the nature of the competition, event, or performance, as well as the beginning and end dates.
Suppose there are multiple competitions, events, or performances. In that case, it is necessary to provide an itinerary that shows the dates, names of employees or sponsors, and locations where the activities will take place. It is essential to provide a thorough and accurate description to ensure that the petition is appropriately reviewed and processed.To qualify for a P-1A classification as an athlete or a member of a team, the beneficiary must meet specific requirements. The individual athlete or team must have international recognition, be classified as a professional athlete, perform as an athlete or coach with a U.S. team in a foreign league.
An athlete may be considered internationally recognized if they perform at a recognized level and seek to temporarily enter the United States to perform at a specific athletic competition. The athlete must provide evidence that their services require an internationally recognized athlete or team.
The term "internationally recognized" means that the athlete or team has achieved a high level of skill and recognition that is significantly above what is typically encountered in their field. This achievement should be renowned, leading, or well-known in more than one country.
In addition, there must be evidence of a tendered contract with a major U.S. sports league or team or a contract in an individual sport commensurate with international recognition. If such agreements are typically executed in the sport, they must be included in the evidence.
There is an exception for Major League Sports where the eligibility of the athlete and the reputation of the events are assumed.
These are the pieces of evidence that the petitioner can submit to establish that beneficiary will be working as a professional athlete for a team member of an association or league of 6 or more professional sports teams. The evidence can include a list of approved participating teams, contracts or agreements showing the team's membership, a letter from the association or league confirming the team's membership, and articles or documentation from established sports media outlets.
To establish that the team's total combined revenues exceed $10,000,000 per year, tax documents, audited financial documents, and media articles or reports that specifically reference the petitioner can submit revenues generated by teams in the association or league.
Evidence of association or league rules and bylaws, media articles or reports that discuss actions taken by the association or league to regulate contests and exhibitions, and statements from association or league officials can be used as supporting evidence.
Additionally, a beneficiary may qualify as a professional athlete working for a minor league team affiliated with such an association. Evidence to establish the little league team's affiliation can include contracts or agreements, statements from association or league officials, marketing and promotional material of the association or league, and articles or documentation from established sports media outlets.
Top reasons why P-1 visas might be challenging to obtain for new leagues, promotions, & training facilities
New leagues, especially in team sports, might not be able to make players eligible for international recognition under the traditional seven categories of P-1 visa requirements
New leagues may not be able to satisfy the events that require the participation of internationally recognized athletes criteria, since they are new leagues
New leagues usually do not fit within the major league sports exception to obtain P-1 under lesser eligibility criteria standards
How can the O-1A and O-2 structures solve these problems in athletics?
The O-1 visa is appropriate for foreign nationals with extraordinary abilities and who have risen to the top of their fields. The O-1 is not limited to athletes but any title, such as coach, trainer, or team ownership, that fits their categories. Furthermore, there is no requirement that the itinerary for an O-1 visa to include any competitions at all, less alone, competitions that require the participation of internationally recognized athletes.
More importantly, since the O-1 visa has so much flexibility, there is a much more comprehensive range of possibilities for essential support staff of an O-1 visa holder to pursue. We are exploring ways for these possibilities to include athletes competing in competitions on O-2 essential support staff visas.
We approach this problem by manipulating the job title of the principal O-1 visa holder, which sets the tone for which sort of activities can be listed in the itinerary of the petition, and allows for support staff persons. The beauty of O-1A in athletics is that O-2 essential support staff visas are permitted, unlike O-1A visas in business, which do not enjoy the feature of applying for O-2 visas in most circumstances.
Examples of job titles and itinerary descriptions that are helpful to support O-2 Essential Support staff persons to compete may include the following:
O-1 principal is a coach and his O-2 Essential Support staff is his competition team to help spread the word about his coaching acumen
O-1 principal is a Cricket Ambassador and the O-2 Essential Support Staff persons are the competition team to spread knowledge of the sport of cricket
O-1 principal is a sports equipment designer and the O-2 Essential Support Staff persons are the competition team to show how the equipment works in real situations
There are hurdles that need to be overcome in the O-1 and O-2 structure such as previous experience working together and an explanation of why these support activities cannot be performed by persons in the United States. These hurdles are much easier to overcome in most circumstances than P-1 visas.