Track & Field Athletes: Proving O-1 and P-1 visa cases
The United States is one of the premier proving grounds for internationally recognized track and field athletes from all over the world. To remain in the United States for over six months at a time and/or to conduct most business, the track and field athlete will require global work authorization of an O-1 or P-1 visa. Sherrod Sports Visas is an experienced immigration law firm for services in both the P-1 and O-1 categories. Contact one of our offices in New York, NY; Los Angeles, CA; Washington, DC; Vancouver, CA; and Charlotte, NC to schedule an appointment to discuss your eligibility and circumstances.
Does the track and field athlete need an O-1 or a P-1 visa?
Whether a track athlete needs an O-1 or a P-1 visa depends on their background, aspirations in the United States, and their current revenue sources.
P-1 visas are more appropriate for track athletes who are actually going to compete in the United States and not just train for overseas competitions. In addition, P-1 visa holders have to be very careful not to exceed the work authorization limitations of this visa category.
O-1 visas are more appropriate for athletes with extraordinary abilities since they are harder to obtain. The O-1 is a must for track athletes who only plan to train in the United States and compete overseas. The O-1 is also better for athletes who have more than one revenue stream such as content production, coaching, book writing, and other activities besides just winning prize money and sponsorships.
Helpful information to prove an O-1 and P-1 case for foreign track athletes
World Rankings
The industry-accepted ranking system for track and field is located at www.wordathletics.org. Other ranking systems do not carry as much weight. Even when using these rankings, it is important to still explain why these rankings are important and how they are tabulated.
2. Consultation Letter
Consultation letters from track and field can be obtained from the United States Track and Field Association (“USTA”) and the appropriate contact is Sarah Austin. Please note that this organization receives a lot of requests for consultation letters and it may take a couple of months to get a letter back once requested from the organization. Also, be careful for P-1 applications because the standard USTA letter also mentions training in addition to the competitions. USCIS has increased enforcement of not allowing P-1 visas to be approved that state that the beneficiary will be competing and training in the United States.
3. Industry Media Journals
Publications and industry media releases are great options to establish eligibility for both O-1 and P-1 visa immigration applications for track and field athletes. Typically USCIS prefers publications that are either widely published and viewed and/or specific to the industry. We find the following outlets to be persuasive in the track and field industry:
Trackandfieldnes.com
Bleacherreport
Flotrack
Media Releases from official Olympic committee websites
4. Participation in NCAA Season
Competing with an NCAA team is one of the criteria for P-1 visa eligibility and there are many foreign athletes who receive scholarships to compete with colleges and universities in the United States. Even if the track athlete was a member of the team, it is still necessary to support the assertion with persuasive evidence such as the following:
Official rosters from the university
Support letter from coaching staff explaining the important role the athlete played for the team
Local news articles about meets
Official results from meets
5. Judging the Work of Others
Judging the work of others is one of the eligibility criteria requirements for the O-1A visa petition. These criteria can be tough to meet for athletes but it is possible. Athletes may be able to satisfy this eligibility category with evidence of serving as a training partner to world renowned athletes, training other athletes on a volunteer basis, or
6. Membership in Prestigious Organizations
Memberships in prestigious organizations include national teams, award-winning teams at the regional, collegiate, and international levels, and other accomplishments such as all-conference teams.
7. Renumeration
Renumberation is a category for O-1A visas that proves that the track athlete receives more compensation than what is standard in the industry. Track athletes typically do not get paid a lot of money but can be successful in this category by proving they receive more compensation than other track athletes. Compensation does not have to be just from race prize money but also sponsorship dollars and other revenue-generating activities related to track.
8. Employment in a Critical Capacity
This is a category for O-1A visas and is a great option for championship-level professional athletes. This can be a sponsorship with a very prestigious brand or being a world championship level athlete for a management company.
Does the track and field athlete need an O-1 or a P-1 visa?
Whether a track athlete needs an O-1 or a P-1 visa depends on their background, aspirations in the United States, and their current revenue sources.
P-1 visas are more appropriate for track athletes who are actually going to compete in the United States and not just train for overseas competitions. In addition, P-1 visa holders have to be very careful not to exceed the work authorization limitations of this visa category.
O-1 visas are more appropriate for athletes with extraordinary abilities since they are harder to obtain. The O-1 is a must for track athletes who only plan to train in the United States and compete overseas. The O-1 is also better for athletes who have more than one revenue stream such as content production, coaching, book writing, and other activities besides just winning prize money and sponsorships.
Track Events that Require the Participation of Internationally Recognized Athletes
P-1 visa petitions also require that the athletes participate in competitions, events, and activities that require the participation of international athletes. In track, this can be satisfied with competitions that lead to national team qualifying, have strict admission requirements, and have a history of participation from international athletes already. In the past, we have found the following competitions to satisfy this requirement.
Star Athletics Sprint Series
Redlands Final Qualifying Meet
Oxy Invitational -
PURE Athletics Sprint Elite
Adidas/Steve Scott Invitational
Mt. SAC Relays