Sherrod Sports Visas Refutes USCIS’ Inconsistency in Agent-Based Mixed Martial Arts Petitions
Sherrod Sports Visas Refutes USCIS’ Inconsistency in Agent-Based Mixed Martial Arts Petitions
Sherrod Sports Visas is pursuing a motion with USCIS to reopen and reconsider a mixed martial arts petition. This petition was submitted by one of the most prestigious combat sports management companies in the world. The case was unfortunately denied but our law firm contends that this denial is incorrect according to USCIS regulations.
The issue in this case is as follows: the adjudicating officer erred by asking for the petitioner to show a relationship between them/the athlete and the event(s) that require the participation of international athletes when the petition was for an US agent functioning as the employer.
This is not required within the regulations of P-1A visas. And the petitioner did provide information about that anyway!
P-1 visa applications simply require an engagement. The engagement in this case was a management contract between the US agent serving the function as the employer and the beneficiary athlete starting on the date of approval and extending for 36 months after.
This is not a petition for a US agent acting on behalf of multiple employers, which would require consent from the third-party employers to file the petition.
At issue is the requirement of a relationship between the petitioner/beneficiary and the event that requires the participation of internationally recognized athletes, when the petitioner is a US agent functioning as the employer.
The regulations are as follows:
All petitions seeking P nonimmigrant classification require a description of the competition, event, or performance in which the group will participate. A competition, event, or performance may include an athletic competition, athletic season, tournament, tour, exhibit, project, entertainment event, or engagement.
P-1 Petitions require an engagement. This condition was satisfied.
P-1 Petitions require that the engagement include activities that require the participation of internationally recognized athletes. This condition was satisfied.
THERE IS NOWHERE IN THE REGULATIONS THAT REQUIRES THE FOLLOWING:
P-1 engagement, and
Engagement including activities that require the participation of international athletes, and,
A relationship between the engagement and the dates/locations/venue/event organizer/broadcast partner/etc.
We cannot find this requirement anywhere in the regulations or internal memos from USCIS.
As a reminder. “USCIS may not unilaterally impose novel substantive or evidentiary requirements beyond those set forth in the regulations.” Kazarian v. USCIS 596 f.3d 1115 at 1122
What USCIS is asking for cannot possibly be true. In almost every sport, the agent and the athlete do not have a “relationship” with the international events they compete in.
Let's break with a very simple example.
A track athlete on a P-1A visa:
Track meets and USA track & field do not apply for P-1A visas for track athletes.
Agents of track athletes do apply for P-1A for track athletes all the time with great success.
Agents and track athletes do not have a contractual relationship with the track meet.
P-1 is approved without issue.
So that means, the relationship between the agent and the event that requires the participation of international athletes CANNOT BE PART OF THE REGULATIONS for obtaining a P-1 visa.
We will continue to notify the industry and our colleagues around the world on updates for this motion.