In some cases, an athlete can come to the US without a visa or with a visitor visa. Many athletes coming to the US for compensated or longer-term engagements will start by obtaining a P-1A athlete visa or an O-1 extraordinary ability visa. P-1A visas are generally easier to obtain because they require a lower level of ability, while O-1 visas are more advantageous in that they allow a wider array of activities in the United States beyond simply playing sports. Permanent residency (a “green card“) can be obtained in many cases, but takes months (if not years) to obtain, so most individuals start with a non-immigrant visa and then aim to obtain a green card later on. These visas are each discussed in detail below.
Competing as a Visitor
Athletes are sometimes allowed to visit the US on B visas or the Visa Waiver Program for the purposes of competing.
- Amateur athletes can use a B-2 visa or VWP as long as they are not compensated for the event (expense reimbursement is allowed).
- Professional athletes are allowed to use a B-1 visa or VWP if their only compensation for the event is prize money.
- Professional athletes on a team are allowed to use a B-1 visa or VWP if their team is based overseas, the athletes are paid overseas, and the team is in an international league or its activities otherwise have an international dimension.
- The State Department also has rules allowing B-1 visas for amateur hockey players trying out with professional teams, and equestrian sports workers employed by foreign employers.
In cases where this is possible, it is procedurally the easiest way to come to the US. B visa applications are handled by the State Department and can usually be obtained in a matter of weeks, while P and O visas require a more time-consuming initial review by US Citizenship and Immigration Services (USCIS) based on a petition by the employer before the State Department can issue a visa.
P-1A Visa for Internationally Recognized Athletes and Teams
This type of visa is available for athletes coming to the US to work for US teams, as well as athletes and teams visiting the US for specific competitions.
For this type of visa, the athlete or team must compete at an “internationally recognized level of performance,” and they must be coming to the US to “participate in an athletic competition with a distinguished reputation.” The competition must also “require the participation of an athlete or team with an international reputation.” USCIS requires the submission of at least two of the following types of evidence to prove that these criteria have been met:
- 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 athlete 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 athlete or team is internationally recognized.
- Evidence that the athlete or team is ranked, if the sport has international rankings.
- Evidence that the athlete or team has received a significant honor or award in the sport.
P-1A Visas for Other Athletes
Athletes who are not “internationally recognized” can qualify for P-1A visas if they are in one of the following three categories:
- Employed by a US team that is a member of an association of at least six professional teams, or an affiliated minor league team
- Part of a US amateur team or franchise that is part of a foreign association of at least 15 teams that is at the highest level of performance of the sport in the foreign country, whose membership makes the athlete ineligible to play NCAA sports, and whose individuals are drafted by major or minor leagues
- Performing in a theatrical ice skating production
O-1 Extraordinary Ability Visa
O-1 visas are for individuals with “extraordinary ability” in various fields, including athletics. They are significantly more flexible than P-1A visas, as they are not tied to a specific employer or competition, and there is less scrutiny regarding the competition or league in which the applicant will participate. However, they are reserved for top performers and are often more difficult to obtain than P-1A visas.
In the field of athletics, an O-1 applicant must have “sustained national or international acclaim,” which can be proven by showing either a major internationally recognized award (such as a world championship), or at least three of the following:
- Nationally or internationally recognized prizes or awards for excellence in the field
- Membership in associations in the field, 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 beneficiary, relating to the beneficiary’s work in the field
- Participation on a panel, or individually, as a judge of the work of others in the same or in an allied field
- Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation
- Commanding a high salary or other remuneration for services
P-1A and O-1 Advisory Opinions
P-1A and O-1 applicants in certain sports (including basketball, equestrian sport, figure skating, motorsports, polo, rugby, skateboarding, skating, soccer, and wrestling) must obtain a written opinion from a US labor organization or sports federation regarding the applicant’s potential impact on American workers and the merits of their application.
Green Card Options
Athletes who wish to stay in the US long-term may qualify for permanent residency through several routes:
- The EB-1A “extraordinary ability” green card requires evidence of extraordinary ability similar to an O-1 visa, although with a higher bar for approval.
- The EB-2 “National Interest Waiver” (NIW) green card requires that the applicant’s endeavors be in the US national interest, which is broadly defined. This makes the NIW green card a potentially useful option for athletes who are deeply involved in promoting the development of a sport in the US, regardless of their ability in the sport.
- The EB-3 skilled worker green card is a potential “fallback” option for athletes who do not meet the requirements for EB-1A or EB-2 NIW. It requires sponsorship by a US employer, and a rigorous hiring process to ensure that there are no qualified US applicants for the job.
- An athlete can also obtain a green card through a family connection, such as marriage to a US citizen.