Sherrod Sports Immigration Swimming visas O-1 and p-1 visas

O-1 or a P-1 visa for Swimmers

No matter the type of visa, foreign swimmers have the burden of providing information that supports their case and proves that they meet the required qualifications.  The requirements for both O-1 and P-1 visas entails a petition process that includes an application, an itinerary for all events or activities, and a consultation letter that provides an advisory opinion.  Deciding on what type of visa will depend on if the swimmer can prove that they are an athlete with extraordinary abilities in their field (O-1 visa) or if they are visiting the United States for the sole purpose of performing at a specific athletic competition (P-1 visa).  

Below is information that will prove helpful for any swimmers trying to obtain either an O-1 or P-1 visa.

Official International Organization and Swimming Rankings

The International Swimming Federation (Federation international de natation – FINA) is the international organization recognized by the International Olympic Committee (IOC) for regulating all international competition in water sports.  Athlete rankings can be found at http://www.fina.org/fina-rankings/filter/overall-rankings.  The rankings on this site provide a view of best athletes per race, and their race times.  When submitting the petition, the athlete should explain the significance of the rankings and how they are calculated.

Where to obtain Consultation Letters for Swimmers

Consultation letters for swimming can be obtained from USA Swimming, the National Governing Body for swimming within the United States, by emailing them at visas@usaswimming.org.  Please note that USA Swimming typically assists with visas when there are international swimming competitions within the United States that are sponsored by FINA.  In these situations, the preference will be that the swimmer obtain a P-1 visa since they will be coming for a competition. USA swimming only provides letters to registered members. 

Swimmers Using Media to Prove Eligibility

Industry media releases and publications may help to establish eligibility for both O-1 and P-1 visa immigration applications for swimmers.  The USCIS prefers publications that are wide-reaching and specific to the industry.  The content of the media story should be about the athlete and their accomplishment.  A good indicator of whether an online news release will suffice would be if it comes up as a result when searching for the swimmer’s name.  The following are examples of outlets found to be pervasive for the swimming industry:

  • Swimming World Magazine (powered by the International Swimming Hall of Fame)

  • Bleacher Report

  • Media Releases from official International Olympic Committee websites

Foreign Swimmers and Collegiate Teams

Competing with an NCAA team will meet the criteria for P-1 visa eligibility.  Many foreign athletes receive scholarships to compete on collegiate teams within the United States.  However, it is still necessary for the swimmer to provide pervasive evidence of their membership of their respective team.  Below are examples of what the athlete can provide as adequate documentation to satisfy the criteria:

  • Officer team rosters from the college or university

  • A letter from a member of the coaching staff indicating the important role the athlete played for the team

  • News articles about swimming competitions

  • Official results from the swimming competitions

Qualifying Evaluations by Swimming Peers

One of the eligibility criteria for an O-1A visa petition allows for a peer evaluation to be submitted in favor of the athlete.  If a swimmer is a training partner to a world-renowned swimmer, or training other swimmers on a voluntary basis, the athlete may be able to satisfy the criteria with a letter from one of them.

 Team and Prestigious  Memberships Qualification

Being a member of a national team qualifies as being a member of a prestigious team. Other types of team memberships that qualify would be if the team is all-conference, or award-winning at the collegiate, regional or international level.

Using Compensation to Meet Criteria

One of the ways to meet the criteria for an O-1A visa is a high salary or other remuneration for services.  Other remuneration includes prize money from races, endorsement and sponsorship dollar, and any other revenue-generating activities related to swimming.  If a swimmer can show that what they received as payment for services is higher than the industry average, this criterion will be met.

Championship Caliber Swimmers

A swimmer can prove themselves worthy of an O-1A visa by showing that they are a critical employee.  This is a viable option for professional athletes who would be considered “championship-level.”  In other words, if the athlete is sponsored by a prestigious brand, or is a world championship level for a management company, this would qualify.

International Swimming Competitions

P-1 visa petitions require that the athletes participate in competitions, events and other activities that require the participation of international athletes.  For swimming, this can be satisfied with participation in competitions with strict admission requirements for national teams, or competitions with a history of participation by international athletes.  The following competitions would satisfy this requirement:

  • International Swimming League Match

  • International Swimming League Derby

  • FINA Swimming World Championships

  • FINA Swimming World Cup

  • Olympic Games

Currently all 2020 competitions have been canceled due to the COVID-19 pandemic.

For more information on how to qualify for an O-1 or P-1 visa as a swimmer, please contact our office at 310.209.8545.