Sherrod Sports Visas

View Original

Are my athletic accomplishments too old for a P-1 or O-1 petition?


It is possible for O-1 and P-1 visa petitions for athletes to be supported by accomplishments and events that happened in the reasonably distant past. However, there is no hard rule for how old these accomplishments can be. In short, it depends on what the athlete or coach will be doing on their O-1 or P-1 visa and, if they plan to compete again, can they prove that they will get opportunities to compete in events with international recognition. 

If the athlete is looking to transition to being a coach, then the most appropriate visa is either the O-1A or the O-1B visa. This is because P-1 visas are typically only available to coaches who are associated with major sports leagues such as the NBA, NFL, and MLB. In our practice, we usually find that only the last two years of athletic competition are helpful in an O-1 visa to be a coach. 

If the athlete is looking to continue competing, then the age of the athletic accomplishments and the condition of the athlete may have some more flexibility. The first question is whether the athlete will be pursuing a P-1 visa or an O-1 visa. 

If an athlete is pursuing the P-1 visa, the athletic accomplishments theoretically can be quite old. The requirements for the P-1 visa are pretty rigid: if the athlete is internationally ranked, played in an NCAA school, and achieved great accomplishments, then the athlete is internationally recognized for the purposes of the P-1 visa. The issue comes with the requirement to participate in events with an international reputation. Basically, the athlete will have to prove that they will actually compete in a world-class event or series of events. This can be hard to do if the athlete is too old or too inactive to get a reasonable opportunity. This could also be dependent on the physical demands of the sport. For example, coming back to boxing after not competing for 10 years, it may be more difficult to get a fight rather than a poker competition. 

If the athlete is pursuing an O-1 visa, there is more uncertainty regarding how old the accomplishments can be because the evaluation process for an O-1 visa is more subjective. USCIS officers have more opportunity to simply state they are not persuaded that the athlete continues to be extraordinary in their field of endeavor. On the other hand, the athlete does not have to prove that they will be competing in international level events. The athlete could be coming to make a film, write a book, host seminars, or other activity. 


To really know if your athletic accomplishments are still useful in obtaining a P-1 or O-1 visa, it is best to present your circumstances to one of our attorneys. Please do not hesitate to give us a call at 704-243-8178 or visit https://www.sherrodsportsvisas.com/contact.