Written by William Crotty, Esq., Associate Attorney.
Didn’t bring home the gold last month at the 2024 summer Olympics in Paris? Don’t worry. There are still other options for athletes and coaches to immigrate to the United States.
The P-1A nonimmigrant visa is available exclusively for “internationally recognized” athletes, while the O-1 visa is another viable alternative for competitors who are considered “extraordinary” in their field.
Nonimmigrant visas are temporary in nature, with specific, limited periods of validity. Athletes regularly receive P-1A and O-1 nonimmigrant visas to compete and live in the United States.
P-1A visas
Foreign nationals in all recognized sports are eligible to apply for the P-1A nonimmigrant visa and it is frequently used by boxers; race car drivers; MMA fighters; golfers; hockey, lacrosse, soccer, esports, tennis and baseball players; and more.
The visa classification is usually available for both individual athletes, and members of certain teams or groups.
In some circumstances, minor league athletes, and amateur athletes or coaches can be approved for a P-1A visa. Theatrical ice skaters are also oftentimes eligible in the visa category.
Individual athletes can qualify for a P-1A visa by demonstrating they will be in the U.S. to compete at an internationally recognized level of performance. This can be achieved by noting the athlete’s international recognition.
Internationally recognized athletes must:
- Have a high level of achievement in their sport
- Have provable “skills and recognition substantially above that ordinarily encountered”
- Be “renowned, leading or well-known in more than one country”
- Take part in competitions that “have a distinguished reputation and be at an internationally recognized level of performance”
Athletes seeking a P-1A visa as part of an internationally recognized team must be part of a league with six or more members with a revenue that is more than $10 million per year, or a minor league team affiliated with such an association.
The P category is competition-specific in nature, meaning visas are granted for participation in a specific league or contest. For example, an established professional tennis player who meets all the necessary criteria can receive a P-1 visa to compete in the ATP Tour if they have already been invited to play in an event. They cannot, however, apply for a P-1 visa if they haven’t received an invitation from the tour, or an equivalent competition.
P-1A visa holders can also only earn income from their approved employment area. They cannot be paid for other work, such as coaching or private instruction, during their offseason or spare time.
P-1A visas are initially granted for the period of time “needed to complete the event, competition or performance,” which cannot exceed five years. Extensions of stay are available in increments of up to five years, with a total maximum 10-year validity period.
Dependent children (less than 21 years of age) and spouses of P-1A visa holders can receive authorization to enter or remain in the United States on P-4 nonimmigrant status. P-4 status is granted for the same length of stay as the primary P-1A beneficiary’s visa.
O-1 visas
The O-1 visa is for foreign nationals who are highly talented or have reached a notable level of acclaim.
The foreign national must be extraordinary in their field in terms of knowledge, ability, expertise and accomplishments and the position being offered must require the services of an “extraordinary” person.
To qualify for an O-1 visa, the foreign national must be able to demonstrate that they have sustained national or international acclaim and that their achievements have been recognized in their field.
One way to show such proof is to have received an internationally recognized award such as the Nobel Prize or, in athletes’ case, an Olympic gold medal. However, athletes can still qualify for an O-1 visa even if they aren’t one of the small percentage of competitors who have earned a gold.
Foreign nationals can usually receive an O-1 visa if they meet at least three of the below criteria:
- Receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor.
- Membership in associations in the field which require outstanding achievements of their members, as judged by recognized national or international experts.
- Published material in professional or major trade publications, newspapers, or other major media about the applicant’s work in the field.
- Participation on a panel, or individually, as a judge of the work of others in the same or an allied field.
- Original scientific, scholarly, or business-related contributions of major significance in the field.
- Authorship of scholarly articles in professional journals or other major media in the field.
- Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation.
- Commanding a high salary or other significantly high remuneration for services in relation to others in the field.
Some of the above criteria will not apply for athletes/coaches, such as original scientific contribution to the field or authorship of scholarly articles.
Athletes and/or coaches can also submit other “comparable evidence” if the above criteria does not apply to, or fit, their profession. Some examples of evidence athletes can submit to meet the above criteria include:
- Articles written about them in major media outlets.
- Pictures of themselves competing in professional or high-level amateur events
- Photos of any trophies or medals won either with a team or individually
- Examples of membership in top-level professional organizations
- Proof of their salary via signed contracts
O-1 visas are initially granted for a maximum of three years and can usually be extended in one-year increments. Dependent children (less than 21 years of age) and spouses of O-1 visa holders can receive O-3 visas to enter and live in the United States but cannot receive work authorization in that category.
Differences between P-1A and O-1 visas
There are a few distinct differences between the P-1A and O-1 visa classifications which could make one more suitable than the other, depending on the athlete and the competition.
In most circumstances, professional athletes can more easily obtain a P-1A if they are established in their field and have an offer to compete in a match, league or tournament in the United States. That offer, combined with their other experience and applicable background, is usually enough to meet the eligibility requirements for a P-1A visa.
Alternatively, it may be more challenging for an athlete or coach to receive an O-1 visa, when compared with the P-1A, because of the “extraordinary ability” classification and the higher bar to meet the burden of proof.
Yet, the O-1 visa offers athletes more flexibility for employment, as the category is specific to a field of employment, as opposed to the P-1 visa, which limits recipients to employment specifically in their athletic competition.
For instance, a foreign national race car driver with an offer to compete in the NASCAR Craftsman Truck Series can likely be eligible to apply for a P-1 visa. However, they’d only be eligible to take part in that one specific racing series in that classification and could potentially lose their status if they were to stop competing in the circuit. Conversely, with an O-1 visa, that same race car driver would be authorized to compete in any racing circuit in which they qualified.
Similarly, athletes can apply for an O-1 through a “U.S. agent,” which can be a “representative of both the employer and the beneficiary,” or “a person or entity authorized by the employer(s) to act in place of the employer(s) as its agent.” Filing through an “agent” also could allow a foreign national more flexibility on an O-1 visa rather than a P-1A visa.
There are also certain sports where it may be more strategic for the athlete to apply for an O-1 visa, rather than a P-1A. Esports players, for example, may be more likely to qualify for an O-1 visa by establishing they have an extraordinary ability in the field, as professional leagues in that competition are less numerous and established.
Other nonimmigrant visa options for athletes and coaches
Some other nonimmigrant visa options for athletes and coaches include:
H-2B visas
The H-2B visa is available for foreign nationals seeking to enter the United States for temporary, seasonal work. Many minor league athletes, such as baseball players in Single-A, Double-A, etc., are employed on H-2B visas.
The H-2B classification requires a temporary labor certification from the Department of Labor, and the visa category is also subject to a cap of 66,000 issued per fiscal year, which is established by the U.S. Congress.
H-2B visas are generally granted for the period of time listed on the labor certification and can be extended for a maximum time period of three years.
F-1 visas for student athletes
Student athletes with offers to play for NCAA collegiate teams can usually apply for an F-1 visa to attend a U.S. college or university.
To receive an F-1 visa, student athletes must be enrolled in a full-time academic program, be attending a U.S. Immigrations and Customs Enforcement (ICE) Student and Exchange Visitor Program (SEVP) certified school, and be proficient in English, or “be enrolled in courses leading to English proficiency,” amongst other requirements.
Student athletes on F-1 visas can usually not receive income based on their Name, Image and Likeness (NIL) inside of the United States.
P-1S visas for ‘support staff’
“Essential support personnel” of P-1A athletes can apply for a P-1S visa. Essential support personnel must assist the athlete’s ability to perform in their role and could include coaches, front office staff, scouts, trainers, promoters, referees, analysts, chefs, dieticians and more.
The foreign national P-1S applicant must file a separate Form I-129, Petition for a Nonimmigrant Worker, which can be submitted concurrently with the primary beneficiary or at any point after the athlete has received their visa.
The P-1S visa is initially granted for a maximum of one year, and can be extended in five-year increments, for a maximum of 10 total years.
Immigrant visa options for athletes
Athletes and coaches can usually be eligible to apply for an immigrant visa (green card) in the EB-1A category, which is available for priority workers, including foreign nationals with “extraordinary ability in the sciences, arts, education, business or athletics;” professors and/or researchers; and some managers and executives, amongst others.
There is a high bar for applying for a green card through the EB-1 preference category, as it is reserved for those at the very top of their field. In addition to EB-1, an athlete or coach could be sponsored by an employer through the traditional employer-based green card options, though this approach is not as common.
The strategy for when athletes should apply for an immigrant visa varies based off of many factors including their level of skill and experience; whether they are inside or outside of the United States; and availability in the Visa Bulletin, a document updated monthly by the DOS which indicates when statutorily limited green cards are available to prospective foreign nationals.
The attorneys at Garfinkel Immigration Law Firm regularly partner with individual athletes, teams, coaches, and officials to develop the most applicable immigrant and/or nonimmigrant visa strategies.