Are EB-1 or EB-2 visas a solution for self-employed coaches and trainers?
At Sherrod Sports Visas, we consistently receive challenging immigration issues from all over the world due to our niche expertise in sports-based visa issues. It doesn’t happen often, but on occasion, we are presented with a scenario that none of us have come across before. This week, we were asked about permanent residence (green card) options for coaches who are currently under the E-2 visa category. This is a special type of case because E-2 visa holders typically own the business that they are working for.
The E-2 treaty trader visa is for foreign nationals from select countries that have an E-2 relationship with the United States and make a substantial investment in an enterprise where they hold at least 50% of the business. E-2 visas are also available to certain employees of an E-2 business who share common nationality.
The best-case scenario for an E-2 visa to obtain permanent residence is to apply for an EB-1 self-sponsored visa. However, most youth coaches cannot prove the necessary categories to be eligible for the visa.
The next best option would be an EB-2 visa with a national interest waiver. Both EB-2 and EB-1 processes typically require a labor certification to be obtained from the United States Department of Labor. In this circumstance, the labor certification would likely fail because the beneficiary owns the business. There are only very limited circumstances where ownership is appropriate for the EB-1 and EB-2 visa (please reference
The national interest waiver is an argument that explains to the USCIS that the petitioner is important enough not to require a labor certification. The national interest waiver requires the coach to prove substantial merit and national importance in youth coaching, positioning to continue to excel in youth coaching in the future, and that the youth coach benefits the United States enough to waive a labor certification process.
The issue with the national interest waiver argument is the national importance requirement. The USCIS is very reluctant to find that coaching is important enough to meet the national importance requirement.
We have two examples of rulings on this matter:
For more information on permanent residence options for coaches please call our office at 704-243-8178 or email info@sherrodsportsvisas.com.