P-1 Visa: International Recognition

The P-1A visa is for active, competitive athletes who meet the “international recognition” standard, defined as “having a high level of achievement in a field evidenced by a degree of skill and recognition substantially above that ordinarily encountered, to the extent that such achievement is renowned, leading or well-known in more than one country.” See 8CFR 214.2(p)(1)(ii)(A)(1).

Whether the athlete is a member of a team in one of the major U.S. sports leagues, including the NBA, MLB, NHL, or MLS; an individual athlete competing on a professional tour, such as a pro tennis player,golfer; or, a UFC fighter featured in a championship fight, they must be coming to the U.S. to participate in an athletic competition that has a distinguished reputation and that requires the participation of an athlete or athletic team with an international reputation.

In addition, the athlete must establish, by sufficient supporting evidence, at least two of the following criteria in order to meet the international recognition threshold:

1. Evidence of significant participation in a prior season with a major U.S. sports league;
2. Evidence of participation in international competition with a national team;
3. Evidence of significant participation in a prior season for a U.S. college or university in intercollegiate competition;
4. A written statement from an official of the governing body of the sport detailing the person’s or team’s international recognition;
5. A written statement from a recognized expert or member of the sports media detailing the person’s orteam’s international recognition;
6. Evidence that the person or team is ranked if the sport has international rankings; or time, provided they maintain a foreign residence that they intend to return to upon expiration of their visa. P-1 beneficiaries are also able to petition on behalf of coaches, trainers, managers, and other essential support personnel deemed integral to the athlete’s performance. Additionally, spouses and children may accompany the P-1 visa holder to the U.S. and engage in full- time study.
7. Evidence the person has received a significant honor or award in the sport. See 8 CFR 214.2(p)(4)(iii)(B).

The  P-1 visa beneficiary must also obtain an advisory opinion from a pertinent labor organization and establish the terms of their employment, either through a written contract or a summary of the terms of the agreement. If approved, the P-1 visa provides overseas athletes with coveted career flexibility, enabling them to earn compensation, train and compete in their sport, and generally remain in and travel to and from the U.S. at their leisure during the visa period, which may be granted for up to five years at a time.

The O-1 “Talent Visa:”

Extraordinary Ability

Colloquially referred to as the “talent visa,” the O-1 visa is reserved for individuals who possess extraordinary ability or achievement in their field, which, in addition to athletics, extends to the arts, sciences, business, and education. Extraordinary ability means a level of expertise indicating that the person is one of the small percentage of people who have risen to the very top of their field of endeavor, and who seek to enter the U.S. to continue working in the area of extraordinary ability. See 8 CFR 214.2(o)(3)(ii).

Meeting the O-1 extraordinary ability standard requires supporting documentation of at least three of the following forms
of evidence:

·   Receipt of internationally recognized prizes or awards;
·   Membership in associations that require outstanding achievements of their members;
·   Published material in professional or major trade publications or major media;
·   Participation on a panel, or individually, as a judge of the work of others in the field
·   Original contributions of major significance in the field;
·   Authorship of scholarly articles in professional journals or other major media;
·   Employment in a critical or essential capacity for distinguished organizations; or,
·   High salary

Further, an athlete must pass a “totality determination” by the reviewing officer, who proceeds to evaluate the totality of the evidence in the record to determine whether it is sufficient to meet the extraordinary ability standard. O-1 visas are also available for foreign artists and entertainers of extraordinary ability who may be offered U.S.-based employment in their respective field(s).

For instance, a South African pop artist may be signed by a record company  to an international recording deal that contemplates the artist producing and recording music at studios located  in L.A. or New York, and related promotional appearances in the U.S. The artist  would seek  to be approved for an O-1 visa before performing in the U.S. pursuant to the recording agreement.

In addition to the overall prestige of holding an O-1 visa, which can be granted in renewable periods of up to three years, beneficiaries in this esteemed classification who are interested in exploring permanent U.S. residency are able to petition for an EB-1 Green Card at any time during their O-1 visa period. Moreover, the EB-1, often referred to as the “Einstein visa,” boasts the same evidentiary criteria as the O-1, such that there is a rebuttable presumption that an O-1 visa holder qualifies for an EB-1.

Court King Immigration Law
Representative Clients

Tennis

Aryna Sabalenka: instagram.com/arynasabalenka/
Anna Kalinskaya: instagram.com/annakalinskaya78/?hl=en
Yulia Putintseva: instagram.com/yulia_putintseva/?hl=en
Anastasia Pavlyuchenkova: instagram.com/nastia_pav/?hl=en
Anastasia Potapova: instagram.com/anapotapovaa/?hl=en
Maria Sakkari: nstagram.com/mariasakkari/?hl=en
Andrea Petkovic: instagram.com/andreapetkovici/?hl=en
Tom Hill: instagram.com/tomhill95/?hl=en
Iain Hughes: instagram.com/iainhughes8?igsh=MXI1NDJ2eXU5Z2h2Mg==
Daniel Pohl: nstagram.com/daniel.phl/
Sascha Bajin: instagram.com/bigsascha/?hl=en
Anton Dubrov: instagram.com/antoniodubrov?igsh=MWdzcDNob284eXllaA==
Mikelis Libietis: instagram.com/mikelislibietis?igsh=azhtMDh0dnBoNGFz
Andrei Vasilevski: instagram.com/andrever?igsh=MTh5NmE3NGF0cDA1OQ==

Pickleball

Judit Castillo: instagram.com/juditcastillog/?hl=en
Domenika Turkovic: instagram.com/domenika.turkovic?igsh=MXZjZXo3cWx3M3lvaw==

Music

Tresor: instagram.com/tresorofficial/?hl=en

Media

Andrea Petkovic: instagram.com/andreapetkovici/?hl=en

Publications

“Special Visas Allow Foreign-Born Athletes to Compete in U.S.”
Nevada Lawyer Magazine, September 2024 Issue: nvbar.org/wp-content/uploads/NevadaLawyer_September2024_ForeignAthleteVisa.pdf