“Internationally Recognized” Athletes

The P-1A Athlete Visa required for foreign aliens to enter the United States and participate in sports has been crucial to the development of major leagues as well as minor leagues since the 2006 COMPETE Act ratification. The qualifications for the athlete visa has been somewhat contentious and in 2011, USCIS clarified the qualifying definition of an “internationally recognized” athlete.

According to PM-602, revising chapter 33.5 (a) in the AFM, “The P-1A athlete may be either an individual athlete or a member of an athletic group or team coming to perform at an internationally recognized level of performance. A member of an internationally recognized athletic team may be granted P-1A classification based on that relationship, but may not perform services separate and apart from the athletic team.”[i]

It is often the case that athletes are denied petitions of entry because of insufficient evidence proving that he/she is “extraordinary” within their field. In Muni v Ins 1995, the USCIS denied the petition, citing “while Muni appears to enjoy a noteworthy career as a professional hockey player, there is no evidence that he has been selected to all stars teams or received official recognitions as an extraordinary hockey player. The evidence submitted does not establish that he is one of the few who have risen to the very top of his field of endeavor.”[ii] Alien athletes that fail to gain entry to the U.S. frequently encounter roadblocks in their application in regard to their individual significance within their field which can be avoided if the agent properly demonstrates the client’s importance and success.

Another issue encountered by agents filing for P-1A visas has to do with the categorization of coaches or supporting staff individual athletes or teams. Agents and clients face challenges regarding the admission of former players who have been hired as coaches. Lee v. Ziglar (2002) is no exception. The applicant, Man Soo Lee, was denied a visa by the INS because although he was one of the best Korean baseball players, he had not demonstrated extraordinary ability as a coach.[iii] Even though Lee may have of been qualified in his knowledge of the sport and abilities within the field of a player, the INS agent denied his petition, believing that an experienced player’s skills did not directly translate to an ability to coach or manage.

In the P-1A visa petition, the notion of “international” recognition is vague and has been contested over the years. Denials and the re-opening of cases can be costly and time consuming, potentially negatively affecting upcoming seasons for athletes, teams, and coaches. Avoiding these intermediating steps is key for a successful visa petition and athletic event or season. The two cases in this article demonstrate that specificity of roles and achievements is of utmost importance.

In order to demonstrate such “international” recognition, the agent filing the required I-129 present a minimum of two of the following:

• Evidence of having participated to a significant extent in a prior season with a major United States sports league
• Evidence of having participated to a significant extent 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 a major U.S. sports league or an official of the governing body of the sport which details how you or your team is internationally recognized
• A written statement from a member of the sports media or a recognized expert in the sport which details how you or your team is internationally recognized
• Evidence that you or your team is ranked, if the sport has international rankings
• Evidence that you or your team has received a significant honor or award in the sport[iv]

[i] USCIS Draft Memo on the Definition of Internationally Recognized for the P-1 Classification: https://www.aila.org/infonet/uscis-draft-definition-internationally-recognized?utm_source=aila.org&utm_medium=InfoNet%20Search

[ii] https://apps.fastcase.com/Research/Pages/Document.aspx?LTID=nOsEp7Tg3s%2bPwU84W8LUT9yWEowKwvdFKGj64NqYH1QNiP%2fRwPu0GRNwGyujteC1ViL7Rd%2fwEe8be9FegLcKP1nCR%2fvbuKgeBaBSdEOzwxD1itxz7e3YDDUlToPGeYcbOSPo3uABgghJn4%2bYwDuS3QpnsoyyVP8j0zNWREoLjv8%3d

[iii] https://apps.fastcase.com/Research/Pages/Document.aspx?LTID=nOsEp7Tg3s%2bPwU84W8LUT9yWEowKwvdFKGj64NqYH1QNiP%2fRwPu0GRNwGyujteC1ViL7Rd%2fwEe8be9FegLcKP7vg5xgF4seoTerZd3yLjavdJirTvl6RtbpihgD1h6rIcdSwsfBpry3rM0Qezsh5F9lzc%2bEQKLB7r%2fQhlgUktPo%3d

[iv] https://www.uscis.gov/working-united-states/temporary-workers/p-1a-internationally-recognized-athlete

We serve the following localities: San Diego County including San Diego, Carlsbad, and Escondido; Los Angeles County including Beverly Hills, Los Angeles, West Los Angeles, Burbank, Hollywood, Van Nuys, Whittier, Woodland Hills, and Long Beach; Santa Clara County including San Jose, Milpitas, Santa Clara, and Sunnyvale; Alameda County including Oakland, San Leandro, and Berkeley; Sacramento County including Sacramento, Elk Grove, and Folsom; and Orange County including Santa Ana and Anaheim.