How can a Sports League obtain P-1 visas for Athletes in the United States on B-1 and ESTA Waivers?
Complex Sports League Inquiry for P-1 visas with athletes training on B-1 and B-2 visas
I have 21 pro athletes training here with me at the moment in the United States for 3 months and just started this week. Ten of these athletes are from Asia and are visiting on B-1 visas. 11 of these athletes are from Europe and visiting on ESTA visa waivers.
I would like to change them all to P-1 visas to compete in three months and I prefer for them to not to consular process in the Eastern Hemisphere. What are my options?
Answer: Athletes in the United States can change their status to P-1 visas but the persons on ESTA must consular process
The athletes that are in the United States, assuming that they are eligible and the events in which they will compete are prestigious, can simply use I-129 with P-1 attachment to change their status from B visitor visa to P-1 visa for Internationally recognized athletes. These athletes will not have to attend a consular appointment after approval to enjoy the new visa status.
The athletes that are on ESTA visa waivers do not have this option because they are not on a visa to change status. These athletes will have to undergo consular processing to obtain the new P-1 visa status. For Europeans, Canada is often a great option to pursue interviews for P-1 and O-1 visas because they accept third-country nationals. In fact, many Canadians are turned away from interviewing for P-1 and O-1 visas due to special rules allowing Canadians to consular process P-1 and O-1 visas by showing their approval notices at points of entry and paying a fee.
By visiting www.oaklg.com/appointments we are able to see naturally available wait times for P-1 visas in Canada;
Toronto Consulate P-1 Visa Appointment Wait times
Calgary Consulate P-1 Visa Appointment Wait Times
The athletes can set appointments as soon as they have a receipt notice and amend the date of the interview as appropriate. In addition, expedites can be requested, and often are approved when presented properly. One trusted resource for appointment expedites, date setting, and document packaging is Www.usavisaappt.com.
There may be other destinations in the Western hemisphere that accept third-country nationals but it can be hard to decipher without previous experience at the consulate. LPS Consular Services has a document that tracks this information at different consulates around the world, https://www.usavisaappt.com/consulate-appointment-datasheet.
There is an opportunity for the persons on ESTA waiver to compete if they are only subject to win purse and not show purse
There is an avenue for athletes to compete in the United States without work authorization if they are only privy to prize money. There cannot be payment to participate or even sponsorships paid within the United States involved. If the athlete will only receive compensation upon winning in the competition, it may be appropriate for them to compete on the ESTA waiver.
It should be noted that athletic commissions in combat sports may be hesitant to allow this compensation package. In addition, it may prove helpful to at least have a visa pending for consular processing while competing on ESTA; just so there is an extra layer of explanation if an issue arises at the consulate.