Ask The Expert: U.S. Immigration 101 for Action-Sports Athletes And Their Sponsors

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• September 04 2009
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By Carl Shusterman

Just like foreign-born baseball players, basketball players or other types of athletes, foreign-born skateboarders who want to compete in the U.S. must first obtain the necessary immigration authorization.

For the past 10 years, my law office has assisted skateboarders and their American sponsors in obtaining visas necessary to live and work in the U.S.

Based on this experience, following are some key steps to successful immigration for international skateboarders. These same concepts and recommendations apply to snowboarders, surfers and other athletes.

The first step for foreign-born skateboarders, snowboarders and surfers is to find a U.S. employer to sponsor them for a work visa. With skateboarders, the sponsor is most likely to be a skateboard manufacturer. In most cases, skateboarders, snowboarders and surfers apply for a “P-1 Visa,” a visa category designated for athletes and entertainers seeking temporary work permission in the U.S. In certain exceptional cases, an O-1 visa, a visa for persons with “extraordinary ability” in their fields, may the most appropriate option. Both categories require that the skateboarder demonstrate that he or she is internationally recognized. Once a temporary visa is obtained, athletes may wish to obtain permanent U.S. residence (a green card).

A P-1 petition may be submitted to the U.S. Center for Immigration Services (USCIS) by a U.S. sponsor or agent. Documents to be submitted with the petition include a written contract between the skateboarder and the employer/sponsor, or in the absence of a written contract, a summary of oral contracts; details of the competition event(s) the athlete’s itinerary; consultation from a labor organization (e.g. the World Cup Skateboarding); and at least two forms of documentation establishing the international caliber of the skateboarder. These two documents may include:

a) Proof of significant participation in the prior season in majors, U.S. college or university or intercollegiate competitions;

b) Proof of international competition with the national team;

c) Written statement from a U.S. official in the sport  about the person’s or team’s international recognition;

d) Written statement from an expert or sports media member as to international recognition;

e) Team or individual ranking; or

f) Significant honor or award in the sport.

It is easier to obtain a P-1 visa if the skateboarder has received significant media coverage in either the U.S. or abroad. Skateboarders and other athletes should be encouraged to build a strong personal portfolio by collecting documentation of media coverage, such as photos, articles, magazine interviews, films, videos, etc.

It is essential for foreign-born skateboarders and other athletes to participate in national and international contests and to contact the people who organize these events.  Letters from organizers attesting to the skateboarder’s participation and status may be needed to complete a visa application. And, of course, it helps if the visa applicant wins. A high ranking increases the applicant’s chances of success not only in securing a temporary work visa, but also in obtaining a green card should the applicant wish remain permanently in the U.S.

Once the P-1 petition is submitted to USCIS it generally takes six to eight weeks for approval.  However, for an additional thousand dollar fee, the applicant or sponsor may request that the petition be decided within 15 days. Once the petition is approved, the applicant must go to the U.S. consulate in his or her home country to obtain a visa stamp. Many skateboarders have complicated schedules. It is important to plan in advance to ensure the applicant can be in his home country at the appropriate time.

The applicant will be interviewed by a consular officer prior to having his or her visa approved. The applicant should be forthcoming and not hide information about any past arrests in his or her home country. While most minor offenses, such as traffic violations, will be overlooked, serious offenses may result in a visa denial.

Once in the U.S. and competing, skateboarders should remember to file tax returns and keep copies all tax related documents to confirm their employment history.  No matter what happens, the skateboarder should not overstay his or her visa. This could lead to exclusion from the U.S. even if the sponsor is willing to support the skateboarder’s efforts to obtain a new work visa or a green card.

The fastest route to obtaining a green card for skateboarders and other athletes today is through the 0-1 visa, which is reserved for true luminaries in a particular sport or other profession.  While applicants in other visa categories may have to wait years to obtain a green card, successful 0-1 visa petitioners can obtain a green card in a matter of months.  However, applicants and their sponsors will need to be able to demonstrate through media reports, rankings, and other evidence that the O-1 applicant is at the upper echelon of their sport.

U.S. immigration laws can be complex and it is prudent to consult an attorney familiar with these laws, particularly one who has represented athletes and/or their sponsors. Avoid “experts” who are neither authorized nor accredited to provide legal services to immigrants.  Provided the skateboarder, snowboarder or surfer is a legitimate competitor, U.S. immigration laws should not prove to be an insurmountable obstacle.

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Carl Shusterman has been practicing immigration law for over 30 years, first as an Immigration Service Trial Attorney (1976-82), and then in private practice. Visit his website and view YouTube videos on immigration law at http://shusterman.com or email him at carl@shusterman.com.