Using the Itineraries of Major Combat Sports Promotions to Get P-1A Visas Approved

USCIS will not approved visas for combat sports athletes that do not include contemplation of significant promotions.

Regardless of the athlete's skill levelthlete, each P-1 visa must feature an itinerary of events that require the participation of internationally recognized athletes. In combat sports, this typically means promotions that have deals with major broadcast networks. Visas applications that do not include this information will almost certainly be denied in these times. 

If a P-1 visa application in combat sports does not contemplate estimated dates of major promotions, the application will almost certainly be denied. 

How does Sherrod Sports Visas solve this problem for P-1 visa applications?

We specialize and mastered using the agent-based structure for P-1 petitions to allow P-1 visa applicants to use the itineraries of significant promoters without being signed to them. This is because when an agent-based petition explains that the petitioner is directing and navigating the career of the P-1 visa applicant, there is NO requirement to obtain confirmation from third parties. 

We litigated the Department of Homeland Security on this issue for a UFC fighter and won. 

https://www.prweb.com/releases/2022/12/prweb19050720.htm

Here are the technical details of using the agent-based structure to apply for P-1 Visas

Here are the three visa structures that we use for P-1 visas

Petitioner is acting as US Agent functioning as the employer for the beneficiary, directing his activities, negotiating the compensation, and navigating the beneficiary's career. 

OR

Petitioner is acting as US Agent for Foreigner Employer, Foreign Employer Name, who functions as the employer of the beneficiary, negotiating their opportunities, directing and navigating the career of the beneficiary. 

OR

The petitioner is the direct employer of the beneficiary directing and guiding the beneficiary's career. 

For agents of athletes that apply for P-1 visas, we use US Agent Functioning as the employer or Petitioner acting as a Foreign Employer. 

Here is the assignment of responsibilities that we give to the parties to satisfy USCIS regulations

1. All Parties give required permissions for this visa to be filed

2. NAME OF PETITIONER and Foreign Employer Name (*if applicable)    assert that the contents of this petition are accurate to the best of their knowledge and belief. 

3. NAME OF PETITIONER agrees to accept service of process on behalf of the beneficiary and their Foreign Employer Name (*if applicable).

4. NAME OF PETITIONER and Foreign Employer Name  (*If applicable)    agree to secure reasonable travel for the beneficiary if the visa is terminated early. 

5. NAME OF PETITIONER will also add other engagements to the Beneficiary’s itinerary for competitions, sponsors, promotional activations, media-related activities, and related marketing opportunities as they become available. The petitioner also hereby consents to represent the beneficiary to participate in opportunities procured by his talent agent(s) and foreign manager(s). 

Please reference this internal USCIS memorandum on Agent Petitions for reference

Donald Neufeld Memo Subject: Requirements for Agent and Sponsors Filing as Petitioners for the O and P Visa Classifications -

 https://drive.google.com/file/d/1Ntng39WRc_bfkYjWYtO1bqD41PyNLbxt/view?usp=sharing 

The authority for the structure of P-1 visa petitions can be found under the following regulations.

• Immigration and Nationality Act (INA) sections 101(a)(15)(o) and (p), 8 U.S.C. §§ 1101(o) and (p) • INA section 214(c)(1), 8 U.S.C. § 1184(c)(1)  

• INA section 214(c)(5)(B), 8 U.S.C. § 1184(c)(5)(B)  

• 8 CFR 214.2(o)  

• 8 CFR 214.2(p)  

• 8 CFR 103.2(a)(1)-(2)  

Agent Performing the Function of an Employer; directing where the beneficiary will perform activities under this petition, negotiating compensation, and navigating their career.  

An agent performing the function of an employer may file an O or P petition. The agent in this scenario does not employ the beneficiary in a traditional sense; however, the agent is still responsible for managing the beneficiary and maintaining a certain level of control or exclusivity over the services the beneficiary provides.  

a. Contract Requirement: A Form I-129 petition for O or P beneficiaries filed by an agent performing the function of an employer must include the contractual agreement between the petitioner and the beneficiary. USCIS will accept either a written contract or a summary of the terms of the oral agreement if a written contract does not exist. 21 

This contractual agreement or summary of the terms of the oral agreement must specify the wage offered and other terms and conditions of the beneficiary’s activities within the United States. It should indicate how the beneficiary will be paid and the relationship between the agent and the beneficiary. It is important to note that the regulations do not contain a prevailing wage requirement, and therefore no particular wage structure is required. A detailed description of the wage offered or fee structure that was agreed upon may satisfy this requirement.  

All of this information is in this petition. Also, there is no other information required for authorization due to the detail in the oral agreement that clearly states that this is an agent performing to the function of an employer - Documents Showing Petitioner is Authorized to Act as an Agent: Such documentation is not necessarily provided that the agent demonstrates through the contract or the summary of the terms of the oral agreement submitted that the agent is performing the function of the employer.  

Concerning the itinerary: 

If filing a Petition, an agent performing the function of an employer “must also provide an itinerary of definite employment and information on any other services planned for the period requested.”

This requirement does not apply to O petitions filed by agents performing the function of an employer.

The requirements and qualities of the itinerary, according to the memo and regs, are as follows:

• must include an itinerary with the dates and locations of work

• the form and specificity of the details in the itinerary may vary depending on the industry

• itinerary is not required to take on a specific form

• Events and activities

• explanation of the nature of the events or activities

• type of service the beneficiary will be engaged in

• where and when these services will take place

• Under these regulations and memos, for an agent performing the function of an employer, the following is not listed or characterized for the itinerary: 

• A contract or evidence between the US Agent/Beneficiary and the events they will take place. USCIS just needs to know that the events will be taking place. All of this information is included in this petition. 

Or

US Agent for Foreign Employer Name  

An agent for a Foreign Employer may file an O or P petition. The agent in this scenario does not employ the beneficiary, in a traditional sense; however, the Agent is filing on behalf of a Foreign Employer. 

a. Contract Requirement: A Form I-129 petition for O or P beneficiaries filed by a US Agent for a Foreign Employer must demonstrate the Foreign Employer authorizes them to file the petition and agree to accept service of process on behalf of the Foreign Employer and beneficiary.  A summary of the terms of the oral agreement if a written contract does not exist. 

This contractual agreement or summary of the terms of the oral agreement must specify the wage offered and other terms and conditions of the beneficiary’s activities within the United States. It is important to note that the regulations do not contain a prevailing wage requirement, and therefore no particular wage structure is required. A detailed description of the wage offered or fee structure that was agreed upon may satisfy this requirement.  

All of this information is in this petition. Also, this information is optional for authorization due to the detail in the oral agreement clearly stating that this is an agent filing on behalf of a Foreign Employer.

At issue is the requirement of a relationship between the Petitioner/beneficiary and the event that requires the participation of internationally recognized athletes, when the Petitioner is a US Agent functioning as an employer or US Agent for Foreign Employer, and the events which require the participation of internationally recognized athletes. 

The Regulations are as follows: 

All petitions seeking P non-immigrant classification require a description of the competition, event, or performance in which the group will participate. A competition, event, or performance may include an athletic competition, athletic season, tournament, tour, exhibit, project, entertainment event, or engagement.

To ask for anything else regarding the itinerary, such as unrequired authorizations, public posts, opponents, etc., is beyond the scope of what the regulations require. In almost every sport, the agent and the athlete do not have a “relationship” with the international events they compete in. 

Let's break this down into a straightforward example. 

A Track Athlete on P-1A

Track Meets and USA Track & Field do not apply for P-1A visas for Track Athletes.

Agents of Track Athletes do apply for P-1A for track athletes all the time with great success. 

Agents and Track Athletes do not have a contractual relationship with the Track Meet. 

P-1 is approved just fine. 

So that means, the relationship between the Agent and the Event that requires the participation of international athletes CANNOT BE PART OF THE REGULATIONS for obtaining a P-1 Visa. 

Even though we are not required to prove this under the regulations we have. THIS INFORMATION IS INCLUDED AS EVIDENCE THAT THE EVENTS INCLUDED IN THIS PETITION ARE ACTUAL AND NOT SPECULATIVE. 

CLARIFICATION FOR INDUSTRY STANDARD PRACTICES IN COMBAT SPORTS

To assist USCIS with making consistent adjudications of combat sports petitions. We have collected statements and letters from combat sports industry leaders worldwide to help USCIS understand how the industry works. Also, these letters contain information about combat sports industry stakeholders of both promoters, managers, and regulatory bodies that confirms the sector requires a ready pool of internationally ranked athletes to fill fight cards. 

Specifically, these letters of support all explain and confirm the following about industry standard practices and requirements for combat sports itineraries. 

1. It is industry standard for fighters to be tasked with obtaining their visas. Thus, the fighter must use projected itineraries to obtain the visas to get the bouts.

2. It is industry standard for the athlete, primarily agent-directed athletes, to use the projected schedules of promotions (using the previous year’s program as predicting the current plan).

3. The combat sports promotions are OK, with fighters using their projected schedule to obtain P-1 visas. Still, the industry depends on fighters receiving these P-1 visas with the promoters contemplated in the itinerary so they have the proper authorization to compete in the bouts.

4. It is impossible to know the exact dates and locations of fighters in combat sports. This is industry standard because this is a fast-moving sport. It is industry standard to base the upcoming schedule on the previous year's events.

5. In general, fighters ranked at least 650th worldwide with proper work authorization are always highly coveted to fill fight cards. Domestic fighters need a ready talent pool to compete against to raise their rankings. 

6. Agent Directed Athletes choose the best opportunity at the time to compete. They could have multiple options regarding where to compete so that the best matchup, compensation, and leverage can be utilized. There is no requirement for athletes to compete in every single event that is listed on their itineraries. This is an industry-standard for Agent Directed Athletes to have multiple options contemplated on their itinerary so that the Agent can direct them to compete in the best opportunity on any given day. This is standard and makes common sense. 

WE HAVE ALREADY SUCCESSFULLY APPEALED AND APPROVED A CASE ON THIS SINGLE ISSUE THROUGH THE I-290B MOTION TO REOPEN. PLEASE REVIEW THESE FACTS AND CIRCUMSTANCES IF YOU ARE CONFUSED

We have already taken this specific issue to appeal directly with USCIS and had our position upheld and reversed. We included documentation of the Assu Davtaev Denial, Appeal, and Subsequent Approval as supportive evidence. This information is included with consent from the parties involved.

The combat sports case was initially denied because of the following

1. The beneficiary did not appear in public searches for the event

2. The parties did not submit contracts with the events listed on the itinerary

The case was overturned and approved after explaining that these are not required under the following petition structures: Agent Functioning as the Employer, US Agent for Foreign Employer, and Direct Employer.

• Please reference Assu Appeal Documents Provided with this petition - https://drive.google.com/file/d/1DJQoqh9HQ0RiKnKe5ioxiJBC4EMIrio4/view?usp=sharing

WAC2100550200 P-1 First Round Management Assu Almabaev

WAC2032150910 - P-1A First Round Management-  Khusein Askhabov  (This was approved after emailing the service center to show that Supervisor Review was needed - reopened without even having to file an appeal

LITIGATION NOTE (Also included with permission from parties involved

WHY EVIDENCE OF PREVIOUSLY LISTED DATES ARE PRESENTED:

Dates of previous events that have already occurred are presented to show that events from the same world-known event organizers will likely continue to do these events in the future. 

To require anything beyond this is an inconsistent refusal of USCIS to follow its rules. 

“USCIS may not unilaterally impose novel substantive or evidentiary requirements beyond those outlined in the regulations.” Kazarian v. uscis 596 f.3d 1115 at 1122.

IT WOULD BE UNLAWFUL TO PICK AND CHOOSE TO REQUIRE MORE THAN WHAT IS REQUIRED FOR THIS PARTICULAR PETITION

TO PICK AND CHOOSE TO TREAT A PARTICULAR SPORT DIFFERENTLY, FOR ANY REASON, IS UNPROFESSIONAL AND UNLAWFUL.

Adjudicating officers cannot ask one thing of the NFL Player and then turn around and require something more of a combat sports athlete, track athlete, swimmer, etc.

Every sport has its schedule set for 2-5 years in advance. It's impossible. These sports obtain approvals based on a proven track record of hosting events.

We know that track meets do not list the names of athletes before meets

We understand that the NFL schedule does not come out until later in the year

We know that One Championships has P-1 Multi-Year Visa Approvals, and they have yet to list events in the United States publicly.

We know the Ultimate Fighting Championships only puts dates and names on fight cards a few months in advance.

On February 2/3/2022, at 6:55 PM EST, the UFC only shows public dates and athlete names listed for March 26, 2022

Conclusion of why major promotions are used in P-1 combat sports petitions

The regulations allow properly structured P-1 petitions to use the itineraries of major third-party promotions to get approved. The petitions will almost certainly be denied for the itinerary portion of the petition.