Some amateur athletes can enter the United States on a tourist visa or, in some cases, without a visa; however, many cannot. Athletes traveling to the U.S. for activities that involve compensation, including prize money, over an extended period may consider obtaining a P-1A athlete visa or an O-1 visa for individuals with extraordinary ability.
The P-1A visa is generally less complex than the O-1 visa. However, if an athlete qualifies for an O-1, we typically recommend pursuing that visa, as it offers greater flexibility and permits a variety of activities beyond just athletic pursuits. A subsequent step after obtaining an O-1 visa might be applying for permanent residency, but this process takes time. It is often advisable for the foreign national to first secure an O-1 visa and then apply for a Green Card after they have established residency in the U.S. and bolstered their application with further activities and evidence of their high-level accomplishments.
1. ESTA or B-1/B-2 Visa
Amateur athletes may be allowed to enter the U.S. on a B visa or ESTA (Visa Waiver Program) for competitive purposes:
- Amateur Athletes: They can use a B-2 visa or ESTA if they do not receive any compensation, although reimbursement for expenses is permitted.
- Professional Athletes: They may enter the United States using a B-1 visa for certain business-related activities that do not involve receiving a salary or payment from a U.S. source. This visa is suitable for athletes participating in events or competitions where they will not be compensated by a U.S. entity, except for prize money.
Professional athletes qualify for a B-1 visa if they are coming to the U.S. to participate in a sporting event or competition. The key condition is that they must not receive a salary or payment from a U.S. source, although receiving prize money from the event is allowed.
The B-1 visa permits athletes to engage in activities such as:
- Competing in tournaments or events.
- Participating in promotional activities related to their sport.
- Attending meetings or conferences pertinent to their sport.
Restrictions: Athletes on a B-1 visa cannot:
- Be employed by a U.S. organization.
- Receive a salary or regular payment from a U.S. source.
- Engage in activities that would require a work visa.
If the above options are feasible, they represent the simplest way for athletes to enter the U.S. Applications for B visas are processed by the U.S. Embassy (Department of State). In contrast, P and O visas require a lengthier initial review by U.S. Citizenship and Immigration Services (USCIS) based on the employer’s petition before the State Department issues the visa.
2. P-1A Visa for Internationally Recognized Athletes and Teams
The P-1A visa is available for athletes who are internationally recognized and wish to enter the United States temporarily to participate in specific athletic competitions. This visa applies to both individual athletes and members of athletic teams.
Eligibility Criteria:
- Individual Athletes: Must demonstrate international recognition in their sport through a high level of achievement and recognition in multiple countries.
- Athletic Teams: The team must be internationally recognized as outstanding in its discipline. Each member of the team is granted P-1 classification based on the team’s international reputation.
Evidentiary Requirements: Applicants must provide a tendered contract with a major U.S. sports league or team or with an individual sport that is commensurate with international recognition. Additionally, they must provide documentation supporting at least two of the following:
- Significant participation in a prior U.S. major league season.
- Participation in international competition with a national team.
- Significant participation in a prior U.S. college or university season in intercollegiate competition.
- A written statement from a major U.S. sports league or official of the sport’s governing body detailing the foreign national’s or team’s international recognition.
- A written statement from the sports media or a recognized expert concerning international recognition.
- Evidence of international ranking.
- Proof of significant honors or awards in the sport.
Regulatory Considerations: The P-1A visa is specifically designed for athletes performing at an internationally recognized level, and the employment offered must require such recognition. The P-1A classification differs from the O-1 visa, which necessitates “sustained national or international acclaim” and is broader in scope, including non-athlete roles such as coaches and trainers.
P-1A vs. O-1 Visa for Athletes
The P-1A classification is distinct from the O-1 visa, which requires “sustained national or international acclaim” and encompasses a broader range of roles, including non-athlete positions such as coaches and trainers.
3. O-1 Visa for Individuals of Extraordinary Ability
The O-1 visa is designated for individuals with extraordinary abilities across various fields, including sports. Compared to the P-1A visa, the O-1 visa is more flexible, allowing holders to engage in various activities permitted under its terms.
In the sports arena, O-1 applicants must have attained national or international recognition, which can be proven by winning a major international award (e.g., world championships) or by meeting at least three of the following criteria:
- Recognition Awards: Having received national or international recognition awards that are prestigious within the field.
- Membership in Esteemed Organizations: Being a member of an organization that requires outstanding achievements for membership, as determined by national or international experts in the field.
- Publications: Having published articles or columns about the applicant’s sport in major media or industry publications.
- Judging Experience: Having participated in panels or served individually as a judge in the field.
- Evaluative Roles: Having experience as a panelist or judge evaluating the work of others in the same or related fields.
- Significant Roles: Holding an important or essential role in an organization or establishment that has received notable recognition.
- Compensation: Receiving high salaries or other forms of compensation that demonstrate the applicant’s extraordinary ability.
4. Green Card Options for Athletes
Athletes wishing to reside in the United States on a long-term basis can pursue permanent residency through the following methods:
- EB-1A Extraordinary Ability Green Card: Similar to the O-1 visa, applicants must demonstrate extraordinary ability, though the standards for approval are generally higher.
- EB-2 National Interest Waiver Green Card: Applicants must show that their work or performance serves the national interest of the U.S. This definition can be broadly interpreted and may be beneficial for athletes significantly involved in the development of sports in the U.S., irrespective of their competitive level.
- EB-3 Skilled Worker Green Card: This option serves as an alternative for athletes who do not meet the criteria for EB-1A or EB-2. It requires sponsorship by a U.S. employer and mandates a rigorous employment process to confirm that there are no qualified U.S. workers available for the position.