Options for Athletes : O & P Status (Part 2 of 2)
Posted May 04, 2007
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[See also, Part 1 of this NewsBrief.]
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In Part 1 of this article, available on MurthyDotCom, the O-1 option for international athletes was explained. In Part 2, we address the P-1 option, which is often viable for those athletes or athletic teams that do not meet the O-1, extraordinary ability, standards or who may otherwise benefit by the P-1.
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P Status for Athletes
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Athletes who cannot qualify under the extraordinary ability standard for the O-1 category may be eligible for a P-1 status or visa. Unlike an O-1, an individual athlete, his or her support team, or even an entire athletic team may qualify for this category. This category was expanded in 2006.
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2006 Changes to the P Category
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Prior to the changes in 2006, the P category was only available for those athletes who had achieved international recognition in the sport, either individually or as part of an internationally recognized team. The 2006 law expanded the P-1 visa category to include several new types of athletes and entertainers, based in part upon their memberships in certain groups or associations. These include: individual athletes on an athletic team that is a member of an association of six or more professional sports teams with combined revenues exceeding $10,000,000 per year; individual coaches and athletes performing with teams in the U.S. that are part of an international league or association of fifteen or more amateur sports teams in certain cases; and amateur or professionals ice skaters who perform in theatrical ice skating productions.
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Most significantly, these new requirements established a much lower standard than was previously required of P-1 athletes. This has permitted athletes and coaches from minor league teams to use the P-1 category, rather than the H2B category for temporary workers. The H2B was problematic in recent years because it is subject to a quota and, therefore, was often unavailable. Athletes from countries deemed state sponsors of terrorism are excluded from eligibility, unless they obtain special clearance from the Department of Homeland Security and the U.S. State Department. Also, multiple athletes and performers are now allowed to apply using a single form instead of separate petitions.
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No Numerical Quota for P-1 Visas
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As with the O-1 visa, there is no numerical quota for the P-1. The initial approval of P status is limited to five years. An extension of another five years is possible, for a maximum period of ten years, for an individual athlete. Athletic teams can be granted an unlimited number of one-year extensions.
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P-1 Filing Procedures
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Classification in the P-1 category requires the filing of a petition. Only a U.S. employer or agent may file the petition. The athlete cannot self petition. It is possible to include multiple P-1 beneficiaries in the same petition.
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Conclusion
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A person who may qualify for the P category must discuss this and other potential options with a knowledgeable immigration attorney. We at the Murthy Law Firm would be happy to discuss the options with you during a consultation, if you do not have an attorney. We trust that this overview has helped to provide some guidelines for those who may qualify.