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Legal Expertise > Athletes

Athletes of Extraordinary Ability: O-1 Visa

Colorado Immigration Attorney Athlete O Visa

To qualify for an O-1 temporary visa as an athlete, the Applicant must demonstrate “extraordinary ability” in the field of athletics by sustained national or international acclaim and must be coming temporarily to the United States to continue work in the area of extraordinary ability. This requires the following evidence:

• An Applicant must show evidence that he or she has received a major, internationally recognized award such as a Nobel Prize

OR

• Evidence of at least three of the following:
  • Receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor
  • Membership in associations in the field for which classification is sought which require outstanding achievements, as judged by recognized international experts
  • Published material in professional or major trade publications, newspapers or other major media about you and your work in the field for which classification is sought
  • Original scientific, scholarly, or business-related contributions of major significance in the field
  • Authorship of scholarly articles in professional journals or other major media in the field for which classification is sought
  • A high salary or other remuneration for services as evidenced by contracts or other reliable evidence
  • Participation on a panel, or individually, as a judge of the work of others in the same or in a field of specialization allied to that field for which classification is sought
  • Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation
  • Comparative evidence – For athletes, several of these categories are not directly applicable so it is imperative an athlete look to the fact that he or she can also provide “comparable evidence” to establish your eligibility. This can take the shape of athletic competition stats and tournaments, testimonials from experts in your field, and other more pertinent evidence of international acclaim.

Essential Support Personnel: Can obtain an O-2 also if they are an integral part of the performance and success of an O-1 athlete (team) and perform support services which cannot be readily performed by a U.S. worker. Support personnel may include coaches, scouts, trainers, and other team officials and referees. The O-2 worker must have critical skills and experience with the O-1 that cannot be readily performed by a U.S. worker and which are essential to the successful performance of the O-1.

Family : Individuals who are the spouse or children of O-1s and O-2s can obtain an O-3.

If you wish to obtain an O visa to perform in Colorado or elsewhere in the U.S., contact Denver immigration attorney, Catherine Brown to schedule a consultation. Contact us online at 303-322-2117.

Athletes with International Distinction: P-1 Visa

Colorado Immigration Attorney Athlete P Visa

The P-1 visa applies to those coming to Colorado or the U.S. temporarily to perform at a specific athletic competition as an athlete, individually or as part of a group or team. The individual or group must perform at an internationally recognized level.

• Individual Athletes: You must be coming to the United States to participate in an individual event, competition, or performance in which you are internationally recognized with a high level of achievement. This is proven through a degree of skill and recognition substantially above that ordinarily encountered so that the achievement is renowned, leading, or well known in more than one country. Duration: for as long as the event and up to five years.
• Athletic Teams: You must be coming to the United States to participate in team events and must have achieved significant international recognition in the sport. The event in which your team is participating must be distinguished and require the participation of athletic teams of international recognition. Duration: for as long as the event and up to one year.
• Essential Support Personnel: Can obtain a P-1 also if they are an integral part of the performance and success of a P-1 athlete (team) and perform support services which cannot be readily performed by a U.S. worker. Support personnel may include coaches, scouts, trainers and other team officials and referees.
• Family: Individuals who are spouses and children of a P-1 visa holder can obtain a P-4.

The key to successful O and P visa applications for athletes and support personnel is discussing with your attorney and determining the type of evidence that clearly shows the threshold requirement of “international recognition” or “international distinction” under USCIS regulations.

If you wish to perform in Colorado and the United States using an O or P visa for athletes, contact Denver immigration lawyer Catherine Brown to schedule a consultation. Contact us online or call us at 303-322-2117.

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Athletes of Extraordinary Ability: Permanent Residence

Colorado Immigration Attorney Green Card Athlete

For athletes to be eligible for permanent residence (green card), they must meet a similar bar of eligibility than required for the O-1 visa; they must be persons of “extraordinary ability.” This means demonstrating “sustained national or international acclaim” and that his or her achievements have been recognized in his or her field of expertise.

In brief, a person can qualify by either showing proof of receipt of a major, internationally recognized award such as the Nobel Prize or three of the following criteria:

• Receipt of nationally or internationally recognized award for excellence in field
• Membership in organizations that require outstanding achievement as judged by national or international experts
• Publications in professional or major trade or media ABOUT the alien and his/her work
• Judging the work of others
• Original contributions internationally recognized as of major significance
• Articles written by you published in journals of international circulation
• Performance in a leading role for organizations and establishments that have a distinguished reputation
• High salary or other remuneration in relation to others in the field
• Other comparable evidence

Discerning the strength and weaknesses of an athlete’s extraordinary ability application and developing key evidence for support is critical for success, based on the criteria provided. Please note that the success of a previous O-1 Application is no guarantee of success for Permanent Residence.

If you are in the athletic field and wish to obtain residence in Colorado or elsewhere in the United States , contact Denver immigration lawyer Catherine Brown to schedule a consultation. Contact us online or call us at 303-322-2117.

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