SportVisaAmerica.com is a website produced by P. Christopher Jaensch and Jaensch Immigration Law Firm. I am an immigration lawyer whose practice is centered on Sports Immigration into the United States. My firm is based in Sarasota, Florida. Our main website is VisaAmerica.com
Few American states can match Florida in terms of the numbers of foreign-born athletes and coaches who live, train and work here. This article describes the sports immigration options for the most common types of cases that I see in Florida. The strategy options presented can be used in any American state.
This article assumes that the reader has an understanding of the basic rules of U.S. immigration law. Specifically, there are two main ways to live in the U.S.: Immigrant Visas (also called permanent residence or “green cards”) and Nonimmigrant Visas (also called “temporary visas”). For more information on the basic rules for immigrating to the United States, please see our main website: www.VisaAmerica.com
The sports immigration clients who come see me generally fall into the following categories:
- Amateur athletes (usually under age 18)
- Athletes making a transition from amateur or collegiate level (usually ages 18 to 22)
- Professional athletes
- Coaches and other workers who support athletes
- Parents of young athletes training in the U.S.
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- 1. Amateur Athletes (Usually under age 18)
International amateur athletes generally fall into two groups:
A. Short Term Training or Tournament Participation:
Amateur athletes who want to attend short term training courses or summer programs can come to the U.S. as visitors. This is also true for amateur athletes who live outside the U.S. and want to come to compete in amateur tournaments or competitions.
If the amateur athlete comes from a country that participates in the visa waiver program (most of Western Europe and Japan), then he or she can come to the U.S. for up to 90 days without a visa to receive short term training in the U.S. or participate in tournaments. If the visa waiver is not available, the athlete must apply for a B-1/B-2 Visitor Visa from the U.S. consulate in his or her country of residence. This visa would allow the athlete to stay in the U.S. up to 180 days.
U.S. consulates in certain countries, can be strict on issuing B-1/B-2 Visitors Visas. It is a good idea for the athlete or his or her parents to be able to show the following at the visa interview:
- Pre-arranged training with a well-established training academy or pre-registration for one or more tournaments
- Proof that the athlete continues to have a residence abroad
- Proof that the athlete and/or his parents continue to be employed in the home country and have a reason to return
- Proof that the athlete has a source of money to pay for living and training expenses while in the U.S.
The athlete should also be prepared to explain why the training or competition in the U.S. is necessary for the athlete’s development and cannot be duplicated in the home country. My law firm can assist with a B-1/B-2 visa application.
B. Long Term Training/Competition Over 6 Months (F-1 Visa or P-1 Visa)
Amateur athletes under 18 who want to receive long term sports training over six months generally must come to the U.S. on an F-1 Student Visa. Usually, the sports training academy has an arrangement with a private school. The athlete must attend the private school in the morning (or some other time during the day) and can train in the sport when not in school.
To apply for an F-1 Student Visa, the athlete must be accepted by the school. The school will issue an immigration form called the “I-20” if the athlete can show that he or she has the ability to pay for private school education.
Education usually must take place in private school rather than in public school, because immigration laws permit issuance of F-1 visas to students under 18 to attend public school only for 12 months. An F-1 visa will not be issued for students who receive home schooling or study through the internet. The athlete must take the I-20 form to the U.S. consulate in his or her country of residence to obtain the F-1 visa. Often, the consulate will want to see the same type of evidence that is listed above for the B-1/B-2 visa. In particular, the consulate will want to see that the athlete has money to pay for school and living expenses and has a reason to return to the home country. My law firm can assist with an F-1 student visa application.
Instead of an F-1 Student Visa, some amateur athletes and teams can qualify for a P-1 visa. To qualify as an individual, the athlete must show that he or she has achieved international recognition. The government has a list of six criteria for showing international recognition and the amateur athlete or team must meet at least two of these six criteria.
The criteria that are most commonly used include:
- Evidence of having participated in international competition with a national team;
- A written statement from an official of the governing body of the sport which details how the alien or team is internationally recognized;
- A written statement from a member of the sports media or a recognized expert in the sport which details how the alien or team is internationally recognized;
- Evidence that the individual or team is ranked if the sport has international rankings; or
- Evidence that the alien or team has received a significant honor or award in the sport.
The amateur athlete or team must have a sponsoring organization in the U.S. who is willing to submit the P-1 visa petition on the athlete’s behalf. My firm has developed some innovative strategies for finding an organization willing to serve as a P-1 sponsoring organization. An approved P-1 petition for an individual athlete can be valid for a period up to 5 years, but usually will be issued only for the duration of the event, season, or tournament schedule. An approved petition for an athletic team can be valid for up to 1 year.
- 2. Athletes Making a Transition from Amateur or Collegiate Level (usually ages 18-22)
Transition-age athletes usually between 18 and 22 years old typically fall into two groups:
A. Athletes Over 18 Who Want to Complete Professionally
The challenge for this group is that an athlete who is over the age of 18 and wants to compete professionally is usually no longer attending school. Therefore, the athlete can no longer qualify for an F-1 Student Visa. At the same time, the athlete often has not had enough success to easily qualify for a P-1 visa as a professional athlete.
Before the athlete qualifies for a professional tour or contract, his or her options are limited.
The athlete can come to the U.S. using a visa waiver for 90 days at a time or can use a B-1/B-2 visa. If using a visa waiver, the border officer may permit the athlete to exit and re-enter the U.S. for several consecutive 90-day periods, but there is never a guarantee that this will be permitted. It is not possible to extend the 90-day waiver period from within the U.S. If the athlete is here with a B visa, then it is possible to request an extension of status for another six-month period without leaving the U.S.
Other options for the athlete include qualifying as a dependent under a parent’s visa (up to age 21) or going university or graduate school on an F-1 student visa.
In some cases, the young or pre-professional athlete can qualify for a P-1 visa as an internationally recognized athlete. This visa will permit the athlete to live and work in the U.S. full time for up to five years in order to compete in the sport.
The U.S. immigration agency (USCIS) often will not consider an athlete’s junior level achievements when making the determination that the athlete is internationally recognized as a professional.
A P-1 visa application is more likely to be approved if the athlete is competing or will compete in the highest or close to the highest level of the sport in the U.S. For example, in golf we will often recommend a P-1 visa application if the golfer has competed in Q School and/or is competing in the PGA, LGPA Web.com or Symetra Tours. In tennis, we recommend a P-1 visa application when a player is competing in ATP Tour or WTA Tour events as well as ATP Challenger Tour, and the ITF Men’s and Women’s Circuits. Also, competing at very high-level events outside the U.S. is usually very favorable for a P-1 visa application. Every case is different, however, and must be evaluated individually.
To qualify for the P-1 visa, the athlete must show that he or she has achieved international recognition. The government has a list of six criteria for showing international recognition and the athlete must meet at least two of these six criteria.
The criteria that are most commonly used by this group are:
- Evidence of having participated in international competition with a national team;
- Evidence of having participated to a significant extent in a prior season for a U.S. college or university in intercollegiate competition;
- A written statement from an official of the governing body of the sport which details how the alien or team is internationally recognized;
- A written statement from a member of the sports media or a recognized expert in the sport which details how the alien or team is internationally recognized;
- Evidence that the individual or team is ranked if the sport has international rankings; or
- Evidence that the alien or team has received a significant honor or award in the sport
A professional athlete must have an employer or agent willing to submit the P-1 application, which can be a challenge. My firm has developed some innovative strategies for finding an employer or agent willing to serve as a P-1 visa sponsor.
B. Recent Graduates from U.S. Universities
Recent foreign graduates from U.S. universities usually qualify for Optional Practical Training (OPT), which permits them to live and work in the U.S. for up to 12 months following graduation. OPT only authorizes employment in the area of study and not necessary as a professional athlete. Therefore, the athlete must be careful about how to arrange for OPT employment that matches his or her area of study.
Some athletes who competed at the university level are able to compete at the professional level. But many others athletes end their competitive career with university graduation.
There are many immigration options for these athletes, but the right temporary visa or green card option depends on the personal situation of the athlete.
For example, there are several temporary visas that we can consider for university graduates who want to work in the U.S. following completion of OPT. We have provided a list below of some temporary visas that permit employment. I often see that athletes want to start to coach or instruct other athletes. Some of the visas below can be used to make a transition into coaching.
Temporary visas that may permit employment of former collegiate athletes include:
- H-1B visa for workers in specialty occupations. This visa is issued for up to three years and is renewable for a second three-year period. The visa will permit the athlete to work for an American company in a position that normally requires a university degree. On rare occasions (in recent years), this visa can be used by an athlete who wants to work in the field of coaching or sports club management, but it is has become very difficult to get approvals for this. It depends on whether the employer normally hires workers for the position with the same university degrees. This visa is very popular and the government has run out of H-1B visas every year for more than 10 years in a row. It is easier to qualify for an H-1B visa if the athlete has earned a Master’s degree from an American university.
- J-1 visa for participants in exchange programs. This visa is issued for up to 18 months and will permit the athlete to complete a training internship with an American company.
- O-1 visa for aliens with extraordinary ability. This visa is issued for up to three years. To qualify, the athlete must show he or she has received sustained national or international acclaim and recognition for achievement in the sport and that the athlete has at least three criteria out of a list of eight (the criteria include receipt of awards and prizes, news articles about the athlete, etc.). For recent university graduates, this visa can be difficult to get, because the athlete has not achieved enough in the sport. But occasionally it is an option.
- P-1 visa for internationally recognized athletes. This visa is issued for up to five years. Our firm has developed an innovative strategy that can enable a competitive athlete to make the transition to coaching on a P-1 visa. There is a special type of P-1 visa (P-1 under the COMPETE ACT), that allows athletes in some sports to work as coaches on P-1 visas.
- P-3 visa for culturally unique performers/Q-1 visa for participates in cultural exchange programs. If the athlete participates in a sport in which his or her country or culture is particularly skilled, then the athlete can sometimes qualify for a P-3 or Q-1 visa to teach that sport in the U.S. The P-3 visa is for those developing, coaching or teaching a traditional, cultural or artistic performance or presentation. The USCIS generally does not consider sports to be an artistic presentation, but some sports can also possibly qualify as an art form that is unique to particular culture. The Q-1 visa is for employers who conduct or seek to conduct an exchange program to share with the public information and education about a foreign culture. The employer can hire Q-1 workers if they are able to communicate effectively about the foreign culture or a particular aspect of the foreign culture. The P-3 is a 12-month visa that is renewable every 12 months. The Q-1 visa is valid one time for 15 months.
Some university graduates want to work in the U.S. following OPT, but they do not want to work for someone else or they or cannot find an American company willing to serve as an employer or sponsor. When this happens, it is sometimes possible for us to make a temporary visa application that permits the athlete to work for his or her own business. The best visa for this is the E-2 Investor Visa, which is available only to athletes whose country of citizenship has an investment treaty with the U.S. More information about this option can be provided on request.
Finally, some university graduates are able to stay in the U.S. permanently through marriage to a U.S. citizen. After four or more years at an American university, it is not uncommon for an athlete to be in a serious relationship. If the athlete marries a U.S. citizen, then he or she can qualify for a green card to live in the U.S. permanently. The green card application can be made in the U.S. Processing usually takes about a year. While the case is pending, the athlete can usually qualify for a temporary employment authorization document and advance parole document that permits international travel.
- 3. Professional Athletes
A. Temporary Visas for Professional Athletes
Professional athletes can come to the U.S. to participate in tournaments or competitions using a visa waiver (if he or she comes from a visa waiver country) or by using a B-1 Visitor visa.
A professional athlete who is in the U.S. on a visa waiver or B-1 visa cannot earn money in the U.S. other than prize money from tournaments. The professional athlete is expected to have a residence outside the U.S. that he or she will return to after the competition is complete. This visa is not appropriate if the athlete wants to live in the U.S. full time.
Professional athletes who want to live in the U.S. full time (or earn income other than prize money) generally must qualify for either the P-1 visa for athletes who have achieved international recognition or the O-1 visa for aliens with extraordinary ability.
The P-1 visa is usually easier for a professional athlete to qualify for. It will be issued for the length of the season or contract up to five years. The visa is renewable.
To qualify for a P-1 visa, the athlete must show he or she:
- performs as an athlete, individually or as part of a group or team, at an internationally recognized level of performance;
- is a professional athlete employed by teams belonging to an association of six or more professional sports teams with combined revenues exceeding $10 million annually;
- performs as an athlete, or as a coach, as part of a team or franchise that is located in the United States and a member of a foreign league or association of 15 or more amateur sports teams under the COMPETE ACT of 2006; or
- is a professional athlete or amateur athlete with a theatrical ice-skating production.
For those professional athletes seeking to qualify by showing that they perform at an internationally recognized level of performance (option 1 above), the athlete or team must meet at least two of the criteria below:
- Evidence of having participated to a significant extent in a prior season with a major United States sports league;
- Evidence of having participated in international competition with a national team;
- Evidence of having participated to a significant extent in a prior season for a U.S. college or university in intercollegiate competition;
- A written statement from an official of the governing body of the sport which details how the alien or team is internationally recognized;
- A written statement from a member of the sports media or a recognized expert in the sport which details how the alien or team is internationally recognized;
- Evidence that the individual or team is ranked if the sport has international rankings; or
- Evidence that the alien or team has received a significant honor or award in the sport.
In addition, the athlete or team must provide other documentation such as written contracts or summary of the terms of employment, evidence about the event or events in which they are coming to compete including proof that such event requires athletes with international recognition, and a written consultation from a labor organization (union) if one exists in the sport.
The O-1 visa for aliens with extraordinary ability is more difficult to obtain than a P-1 visa for athletes with international recognition, but the requirements for the O-1 are similar to an EB-1 extraordinary green card. The O-1 visa is usually issued for the length of a season or a contract up to three years.
To qualify for the O-1 visa, the athlete must show he or she meet at least three of the following criteria:
- Documentation of the alien’s receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
- Documentation of the alien’s membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields
- Published material in professional or major trade publications or major media about the alien, relating to the alien’s work in the field for which classification is sought, which shall include the title, date, and author of such published material, and any necessary translation;
- Evidence of the alien’s participation on a panel, or individually, as a judge of the work of others in the same or in an allied field of specialization to that for which classification is sought;
- Evidence of the alien’s original scientific, scholarly, or business-related contributions of major significance in the field;
- Evidence of the alien’s authorship of scholarly articles in the field, in professional journals, or other major media;
- Evidence that the alien has been employed in a critical or essential capacity for organizations and establishments that have a distinguished reputation;
- Evidence that the alien has either commanded a high salary or will command a high salary or other remuneration for services, evidenced by contracts or other reliable evidence.
In either case, the professional athlete’s visa application must be sponsored by an employer or agent. My law firm can assist with assessing whether an athlete meets the P-1 or O-1 criteria and has developed innovative techniques for athletes who are traditionally self-employed, such as tennis or golf athletes.
B. Permanent Residence for Professional Athletes
There are a number of options for professional athletes who want to live in the U.S. permanently.
- EB-1 alien with extraordinary ability. This can be a self-petition; no employer is required.
- EB-2 alien with exceptional abilities in the arts, sciences or business WITH a national interest waiver. The USCIS has stated that the “arts” include athletics. This can be a self-petition; no employer is required.
- EB-2 alien with exceptional ability or advanced degreed professional WITH pre-certification under Schedule A Group II (exceptional ability in the arts and sciences). The USCIS has stated that the “arts” include athletics.
- EB-2 alien with exceptional ability in the arts, sciences or business or advanced degreed professionals. The USCIS has stated that the “arts” include athletics
- EB-3 skilled or professional worker. An athlete or coach can be viewed as a skilled or professional position.
For all but the first two options, an employer/sponsor and permanent job offer is required. In the last three options, the athlete and employer must complete a process called PERM labor certification, which can take 9-12 months. My law firm has experience with permanent residence applications for professional athletes and can provide more information on the details of each of these categories.
- 4. Coaches And Other Workers Who Support Athletes
There are immigration options for coaches and other workers who support athletes, such as trainers, mental conditioning consultants, movement specialists, nutritional advisors, etc.
- H-1B visa for workers in specialty occupations. This visa is issued for up to three years and is renewable for a second three-year period. The visa will permit the athlete to work for an American company in a position that normally requires a university degree. On rare occasions (in recent years), this visa can be used by an athlete who wants to work in the field of coaching or sports club management, but it is has become very difficult to get approvals for this. It depends on whether the employer normally hires workers for the position with the same university degrees. This visa can work for physical therapists and possibly for athletic trainers or mental conditional consultants.
- O-1 visa for aliens with extraordinary ability. This visa is issued for up to three years. To qualify, the coach or support worker must show he or she has received sustained national or international acclaim and recognition for achievement for his or her work in the field. Usually, it is not enough for a coach to show extraordinary ability as an athlete, the coach must show extraordinary ability as a coach.
- O-2 accompanying alien visa. This visa can be issued to a person who is essential to the athletic performance of O-1 alien, such as a coach, trainer, manager, or interpreter.
- P-1 visa for internationally recognized athletes. This visa is issued for up to five years. It permits internationally recognized athletes to compete in their sport in the U.S. Generally, a coach cannot qualify for a P-1 visa. The one exception is a P-1 coach under the COMPETE ACT. The COMPETE ACT generally applies to Individual coaches or athletes performing with teams or franchises in the U.S. that are part of an international league/association with at least 15 amateur sports teams.
- P-1S essential support worker. This visa can be issued to a person who is essential to the athletic performance of a P-1 alien, such as a coach, trainer, manager, or interpreter.
- P-3 visa for culturally unique performers/Q-1 visa for participates in cultural exchange programs. If the athlete participates in a sport in which his or her country or culture is particularly skilled, then the athlete can sometimes qualify for a P-3 or Q-1 visa to teach that sport in the U.S. The P-3 visa is for those developing, coaching or teaching a traditional, cultural or artistic performance or presentation. The USCIS generally does not consider sports to be an artistic presentation, but some sports can also possibly qualify as an art form that is unique to particular culture. The Q-1 visa is for employers who conduct or seek to conduct an exchange program to share with the public information and education about a foreign culture. The employer can hire Q-1 workers if they are able to communicate effectively about the foreign culture or a particular aspect of the foreign culture. The P-3 is a 12-month visa that is renewable every 12 months. The Q-1 visa is valid one time for 15 months.
Sometimes it is possible for us to make a temporary visa application that permits the athlete to work for his or her own business. The best visa for this is the E-2 Investor Visa, which is available only to those people whose country of citizenship has an investment treaty with the U.S. This visa can be granted for up to five years. It requires a substantial investment and the investor must show that the U.S. business will not be marginal, meaning that it will create jobs for U.S. workers or will provide more than a living wage to the investor and his or her family. More information about this option can be provided on request
- 5. Parents Of Young Athletes Training/Competing In The U.S.
Younger athletes often qualify for F-1 Student Visas while training for extended periods at sports academies in the U.S. or qualify for P-1 Visas if they attain international recognition in the sport.
But this does not entitle the parents to qualify for a visa to live in the U.S. with their children.
For parents, we often suggest the following options:
- If athlete has F-1 Student Visa, then parent can enter on visa waiver and/or B-2 Visitor Visa as long as the parent can show a residence and continuing ties abroad. The parent may possibly be admitted for 12 months the first time they enter. Thereafter they will be admitted for six months. If the parent stays in the U.S. for more than six months, the parent may have trouble returning to the U.S.
- If the athlete has an O-1 or P-1 visa, then the parent can possibly seek an O-2 or P-1S visa if the parent can show he or she is essential to the athlete’s performance (possibly as a traveling or wellness coach).
- The parent can qualify for a temporary visa on his or her own, such as an E-2 Treaty Investor visa, if the parent invests money in a business, or an H-1B work visa, if the parent has a U.S. employer willing to employ him or her.
- The parent can become a student and seek an F-1 Student Visa to study at least 12 hours per week.
