USCIS Proposes New O-1 Visa Guidance for Athletes

USCIS Proposes New O-1 Visa Guidance for Athletes

The USCIS is proposing new guidance for athletes and other individuals of extraordinary ability in certain fields seeking an O-1 visa. If the new guidance is instituted, athletes will have more flexibility in how they satisfy O-1 visa criteria.

Currently, an athlete can qualify for an O-1 visa if they are able to demonstrate extraordinary ability in one of the three following ways:

• Category A: The athlete was a nominee or recipient of a significant national or international award;
• Category B: The athlete meets a certain number of criteria as outlined by the USCIS, such as:
  • Receives a lesser but still nationally/internationally recognized prize or award
  • Member of an association requiring outstanding achievement
  • Coverage of the athlete in major media
  • Making significant contributions to a sport
  • Receiving a high salary
  • Employed in a critical capacity for an influential organization
• Category C: The athlete submits “comparable evidence” when the USCIS list of criteria does not apply.

Because the regulation governing these criteria is not clear on when comparable evidence should be considered, the new proposed guidance states that “comparable evidence can be considered on a criterion-by-criterion basis.”

To clarify, this means that an athlete does not need to satisfy the minimal number of criteria in Category B above before they can consider Category C, to submit comparable evidence. If the guidance becomes effective, an athlete will only need to show that a single criterion does not apply to his or her sport before providing comparable evidence in order to obtain an O-1 visa.

The new guidance comes on the heels of the U.S. Department of Homeland Security’s proposed regulation in late 2015 aimed at increasing job portability for certain highly skilled immigrants in the EB-1, EB-2 and EB-2 categories and those with extraordinary abilities in science, athletics the arts and other fields.

A Florida immigration lawyer can help employers understand the process for obtaining resident status in the U.S. for employees. Contact one of the experienced Florida immigration attorneys at Jurado & Farshchian, P.L., at (305) 921-0440, or email us at info@jflawfirm.com.

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