Q: I AM a body builder and just won a big amateur contest. Can I come and work in the U.S. on some type of visa?
A: Yes, there is what is known as the P Visa. The P-1A is for a person who performs as an athlete, individually or as part of a group or team that is “internationally recognized” (P-1A), or a person who performs with or is an integral or essential part of an entertainment group that has been recognized internationally as being outstanding in the discipline for a sustained and substantial period of time (P-1B), and in the case of the performer, has had a sustained and substantial relationship with the group (ordinarily) over a period of at least one year.
P-1s have been expanded to include certain minor leaguers, amateurs or professionals: (1) an athlete, whether or not professional, who performs at an internationally recognized level of performance; (2) an amateur athlete or coach of sports teams in the U.S. that are members of a foreign league or association if (i) the foreign league or association is the highest level of amateur performance of that sport in that country; (ii) participation renders the athlete ineligible for U.S. scholarships under NCAA rules; and (iii) a significant number of the players in the league are drafted into major league teams or minor teams affiliated with them; or (3) a professional or amateur ice skater who performs individually or as part of a group theatrical production.
You should get an agent to sponsor you and one that can get a significant amount of events. We can try to get up to five years on the P1.
Question: What if I also want to apply for the green card?
Answer: The P Visa is one of the few visas that allows dual intent. This means that immigration cannot deny your case because you intend on getting residency.
Question: Who should I get to sponsor me?
Answer: It can actually be an agent. It does not have to be a company. An agent can book you for competitions, tours and appearances all over the country for the next 5 years. This is one of the very few visas that will allow a five-year span of authorization to work under it. In fact, once the five years is up, you can then renew again for another five years.
Question: I have heard about the O-1 Visa. Should I try for that as well?
Answer: In actuality, the O-1 is much more difficult to obtain and the burden of proof is higher. As an athlete, the P Visa would be better. It has a longer authorization period, easier burden to prove, dual intent and the other factors I described already. Keep in mind that it is never easy to get a P Visa. However, as a talented athlete, the doors are open for you to take advantage of this particular visa. n
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Atty. Brian D. Lerner has been an Immigration Attorney for nearly a quarter of a century. He is married to a Filipina and has helped thousands of Filipino families all over the country. In addition to his offices in Southern California in Long Beach and Carson, he has an office in Quezon City. He is a certified specialist in Immigration and Nationality Law by the Legal Board of Specialization, California State Bar. The initial consultation is free. Call (562) 495-0554 and/or send an e-mail to [email protected].
