I-134 Process for Venezuelans versus obtaining a work visa to come to the United States

The Department of Homeland Security announced a special program for Venezualan citizens to enter the United States rather than attempt illegal crossings in mexico. Our law firm is fielding questions about if this process is preferable to using typical visa avenues to come to the United States such as the P-1 vs O-1 Visa. 

This program is designed for persons who are otherwise ineligible to enter the United States with a visa and serves for temporary entry to the United States for a period of two years. The bulk of the responsibility ends up being on the financial supporter in the United States to provide information to DHS for this process. DHS will want to vet the financial supporter to make sure that they have the funds to support the Venezualan beneficiaries for two years and that the financial supporter is not involved in human trafficking. Furthermore, the beneficiary of the I-134 process will also be vetted by Customs and Border Protection who will have the ultimate say on entry. 

How does the I-134 Affidavit differ from O-1 or P-1 Visa

The first thing to remember is that the I-134 process is appropriate for persons who are not otherwise eligible for a visa. Thus it may be very possible that a CBP officer looks up a person that is an athlete or a coach and determines that they are likely a candidate for a visa which would deny the entry. Another difference is that paroled entry is different from a visa, meaning that the beneficiary will likely not be able to change to another non-immigrant visa status after the two year paroled period. 

Finally, there is a major difference in timing for work authorization. With a P-1 or O-1 visa, the work authorization is automatically attached for approved activities when the petition is processed by USCIS. With a paroled entry, the work authorization is not automatically attached to the beneficiary. With a I-134 paroled entry, the beneficiary must apply for work authorization with form I-795 which typically takes 4-7 months to return with the work authorization. 

Best Practice for Venezualan Athletes and Coaches - Work Visa versus Paroled Entry

Ultimately, our position is that P-1 and O-1 visas are much preferred to a paroled entry because of applicability and utility. For one, there is a strong likelihood that the athlete or coach will be denied parole entry  because a CBP officer finds that the beneficiary is eligible for another visa category. Second, there is a burden on the financial support person to provide a lot of personal financial information to USCIS and financial resources to the beneficiary for two years. Finally, the work authorization process is much slower with parole than with a P-1 or O-1 Visa; under paroled entry, the work authorization comes from form I-765 which typically takes 4-7 months to process.