A Tailwind Upshot
All those early morning workouts have paid off, and you now have an opportunity to train and compete in the U.S. As the ink dries on your new contract, you wonder — can you come to the U.S. as a visitor, or is this going to be more involved?
Finding the right visa class is like online dating. A quick search can provide a staggering number of options, but how do you sift through the options to determine which is best? In this post, I will clarify when athletes may use visitor visas to enter the U.S. in hopes of avoiding heartache down the line.
Temporary Immigration Options for Athletes
Professional athletes normally use the following types of U.S. visas to train and compete in the United States:
B-1/B-2 visitor visa
ESTA (also known as the Visa Waiver Program)
O-1 visa for individuals with extraordinary ability
P-1 visa for individual athlete or member or an athletic team
Two of these options, the B-1/B-2 visitor visa and ESTA, are considered “visitor” statuses. Unlike the O-1 and P-1 visas, these visitor statuses do not require the applicant to file an application with U.S. Citizenship and Immigration Service. This makes the process much quicker, less expensive, and more predictable.
Unfortunately, it is not as simple as it may seem for an athlete to come to the U.S. as a visitor. Here’s the rub: U.S. immigration authorities only allow very specific groups of athletes to enter the U.S. as visitors, while others will need to apply for O-1 or P-1 visas.
Visitor Options - B-1/B-2 and ESTA
An athlete can receive a B-1/B-2 visitor visa by filing a visa application at a U.S. Consulate or Embassy outside the United States. A B-1 / B-2 visa allows a person to enter the U.S. for up to 180 days during any given visit.
ESTA makes this process even simpler, allowing an applicant to apply for and receive visitor status online, without the need to schedule an in-person visa appointment. However, ESTA is only available to citizens of certain countries, and it only allows a person to enter the U.S. for up to 90 days at a time.
There are four scenarios in which an athlete may enter the U.S. in a visitor status. These are as follows:
(1) Amateur Engaging in Unpaid Events
Amateurs engaging in unpaid events may enter the U.S. in visitor status. An amateur is defined as anyone who normally performs without compensation, other than compensation for expenses.
For example, a rugby player from Scotland could enter the United States in visitor status to participate in a match in New York City, as long as the only compensation he received was reimbursement for flights, hotels, and other normal expenses.
(2) Professional Receiving Only Prize Money
The ESTA program and B-1/B-2 visas also allow professional athletes to enter the United States if they receive no compensation other than prize money.
For example, if an professional marathoner from Japan enters the United States to compete in the Boston Marathon, and her only compensation will be any prize money she earns from the marathon, she may enter using a B-1/B-2 visa or the ESTA program.
(3) Member of a Foreign Team
An athlete may also enter the U.S. in visitor status as a member of a foreign-based team to coming to compete against another team.
In this case, both the athlete and the team must be based outside the U.S., the income of the team and the players salary must be primarily attributable to events outside the U.S., and the foreign team must either be a member of an international sports league or the event must have an international dimension.
(4) Hockey Player Engaging in Try-Outs
Finally, amateur hockey players who are asked to join a professional hockey team for brief try-outs may be eligible to enter the U.S. using a B-1/B-2 visa or under the ESTA program.
Other Options & Next Steps
If none of these four scenarios match an athlete’s situation, they will most likely not be able to lawfully enter the U.S. in visitor status under the B-1/B-2 or ESTA classifications. Instead, they will need to apply for a work-authorized visa, such as an O or P visa. Watch this space for an upcoming post exploring O and P visa options for athletes.
Every person’s immigration options will be different, and there may be options available beyond those outlined above based on an individual’s unique background. Without discussing the specifics of an individual’s case, it is impossible to give legal advice. For this reason, I recommend that athletes schedule a consultation with an immigration attorney who focuses on athletes before applying for a visa or travelling to the United States. The information provided here is only intended as general information and is not a substitute for legal advice.
I have helped numerous athletes achieve their dreams in the United States, and I would be delighted to help you as you plan the next step in your career. To contact me directly, please fill out the form here.
Vance Berry, Managing Attorney