Once their playing days are over, many athletes choose to share their knowledge of the sport as coaches. This is a longstanding tradition that plays an important role in the development of young athletes around the world.
UPDATED GUIDANCE
O-1 visas are available to individuals who have extraordinary abilities in the sciences, arts, business, education, or athletics coming to the U.S. to work in their area of extraordinary ability. Historically, U.S. policy has been unclear on whether an athlete would be eligible to come to the U.S. on an O-1 visa to take a job as a coach in their area of expertise.
This year, U.S. Citizenship and Immigration Services (USCIS) updated its policy manual to clarify that an “acclaimed athlete coming to be a coach” is permitted to enter the U.S. in O-1 status to work in their “area of extraordinary ability” provided the other requirements of O-1 status are met.
WHAT IS THE AREA OF EXTRAORDINARY ABILITY?
USCIS interprets the phrase “area of extraordinary ability” broadly for O-1 visa purposes. Under this interpretation, the area of extraordinary ability includes not only the specific occupation in which the athlete has shown extraordinary ability, but also other occupations that involve shared skillsets, knowledge, or expertise.
The immigration statutes and regulations do not include a definition of the phrase “area of extraordinary ability.” When determining whether a coach is coming to work in their area of extraordinary ability, USCIS focuses on whether the planned work or services involve skillsets, knowledge, or expertise shared with the occupation(s) in which the athlete has garnered acclaim.
In determining whether occupations involve shared skillsets, knowledge, or expertise to an extent that they may be considered within the same area of extraordinary ability, officers evaluate the totality of information and evidence presented. Relevant factors include, but are not limited to:
Whether the past and prospective occupations are in the same industry or are otherwise related based on shared duties or expertise;
Whether the prospective occupation is a supervisory, management, or other leadership position that oversees the beneficiary’s previous position or otherwise requires shared knowledge, skills, or expertise; and
Whether it is common for persons in one occupation to transition to the other occupation(s) based upon their experience and knowledge.
NEXT STEPS
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 spent years helping athletes and others 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, Principal Attorney
Photo credit: Braden Collum