O-1A or O-1B for martial artists, figure skaters, skateboarders, and more?
O-1A or O-1B for martial artists, figure skaters, skateboarders, and other athletes?
Choosing the most appropriate O-1 classification can be a difficult choice for both athletes and immigration attorneys. Both the O-1A and O-1B are great visa petitions for athletes to obtain and eventually lead to an EB1 petition. Both O-1 visa categories offer athletes three years of more flexible work authorization than the P-1 visa. Some sports such as martial arts, figure skating, skateboarding, and other disciplines that have artistic flair may want to consider the O-1B classification instead of the O-1A visa.
What is the O-1A Visa?
The O-1A is a nonimmigrant visa classification for foreign nationals with extraordinary ability in athletics sports who have risen to the top of their sport. These individuals must also intend to continue to compete in this sport at a high level.
What is the O-1B Visa?
The O-1B is a nonimmigrant visa classification for foreign nationals with extraordinary ability in the arts. For this reason, the O-1B is only an option for athletes who compete or perform in sports that are also artistic in nature. For example, martial arts fit this category because athletes in the sport can be competing competitively against an opponent or performing as an artist with no opponent.
What is the difference?
The differences between the O-1A and the O-1B are the nuances in the evidence standards required to prove eligibility as an athlete for the visa. Depending on the background of the applicant, one O-1 classification can be a much better option than the other.
O-1A for an athlete requires one high athletic accomplishment such as an Olympic medal, player of the year award, or world championship, or three of the following categories:
National and international athletic awards from reputable sources
Judging the talent and techniques of other players or athletes
Descriptive support letters from experts, media insiders, and other high-level athletes in the same sport
Contributions of specific skills to the sport
Scholarly articles written by the athlete
Memberships in organizations that have high standards
Remuneration
Employment in critical positions and service in an essential capacity
O-1B for an athlete instead requires distinction in an artistic endeavor. The distinction has to be to the standard that the skill and recognition of the athlete are substantially higher than others in the same discipline. This can be proved with one very high-level award such as a very high belt classification, Nobel Prize, or the equivalent of an Emmy/Grammy, or at least three of the following criteria:
Performing in a leading role in a platform that has high critical acclaim
National and international achievements evidenced by critical and media acclaim
Evidence of commercial success such as viewership stats and ticket sales
Personal recognition from industry insiders that recognize achievements of the athlete
Higher salary or contract value than other athletes in the same sport
Working in a significant role with important organizations
Comparable evidence if other categories do not fit
What are some deciding factors between O-1A or O-1B for Athletes and Coaches?
Is my sport one that is considered artistic?
Are my creative or disciplinary accomplishments better than my sporting accomplishments?
For example, if you did not compete a lot but excelled in performances
Do I have a great accomplishment that does not include competition?
For example, if you performed in a starring role in a film while doing your sports activity, such as skating.
Did I contribute a specific technique, move, or tactic to the sport?
Have I written any materials about my talent and techniques in the sport?
To find out more details about O-1B or the O-1A visa, please contact our office at 310-209-8545 or email us at info@sherrodsportsvisas.com