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A major focus of
our immigration practice is obtaining visas for professional
athletes. From professional race car drivers to long distance
runners, BKR is able to assist those in any sport navigate their
way to the right visa. Some of the visas in this area include:
O-1 Visa:
The O visa classification provides for the admission into the
United States of persons with extraordinary ability in the
sciences, arts, education, business and athletics, or
extraordinary achievement in motion picture and television
production, and their essential support personnel.
Only individuals
qualify for the O-1 visa category. In order for a group to
qualify, each member would be required to meet the extraordinary
ability test. The visa is granted for a specific event, such as a
tour, lecture series or project.
O-2 Visa:
For athletes and members of the entertainment industry, a
provision exists whereby aliens, who are an integral part of the
performance and have skills and experience which are not available
in the United States location, may apply for O-2 visas to
accompany the O-1 visa holder.
P- 1 Visa:
The P- 1 visa classification provides for admission into the
United States of certain athletes, entertainers and artists, and
essential support personnel. Individual members of the
entertainment industry are not eligible for the P-1 visa
classification, but individual athletes are. For members of the
entertainment industry, the visa will be issued for a specific
event only. However, individual athletes may be admitted for five
years and a team for a period of six months.
P-2 Visa:
The P-2 visa classification provides for the admission into the
United States of an artist or entertainer, either an individual or
group, involved in a reciprocal exchange program between an
organization or organizations in the United States and one or more
foreign countries which provides for the temporary exchange of
artists and entertainers.
P-3 Visa:
The P-3 visa classification provides for the admission into the
United States of an artist or entertainer, either an individual or
group, to perform, teach, or coach under a program that is
culturally unique.
Green Card Petitions for
Persons of Extraordinary Ability: There are two ways to satisfy the requirements for an EB-1-1
immigrant visa. The first is receiving a major,
internationally recognized award. Fortunately for those who
havenít won the Nobel Prize yet, the second set of standards
is not as difficult to achieve. The INS regulations (8 C.F.R.
ß 204.5(h)(3)) require that a petitioner fulfill at least
three of the following ten standards:
1.
Receipt of a lesser nationally or internationally recognized prize
for achievement in your field. This could include a medical
fellowship, a Fulbright award, or a Caldecott award.
2.
Membership in associations in your field that require "outstanding
achievement" of their members. This standard is relatively vague.
Associations that are open to all members of a given profession
can be considered, but associations that limit membership to only
the most accomplished members of the profession are certainly more
valuable.
3.
Material published about you in major trade publications or other
major media. The material must concern your work in the field.
Publications could range from journals specific to your field,
like The Journal of Otolaryngology, to major newspapers,
like The New York Times. You are not limited to print; a
story about you on "60 Minutes" might also fulfill this
requirement.
4.
Serving as a judge of others in your field either individually or
on a panel. Sitting on the Nobel Prize Committee would fulfill the
requirement, as would participating in the peer review process of
a scientific article or acting as a member of a thesis review
committee.
5.
Original, scientific, scholarly, artistic, athletic, or
business-related contributions of major significance in your
field. This standard is wide open. Basically, the INS will base
its judgment of your contribution on the letters of support that
others in the field submit. So letters from recognized authorities
in your field who consider your contributions original and
significant will satisfy this requirement.
6.
Authorship of scholarly articles in your field. This refers to
articles that you wrote concerning your work rather than material
written about you by others, as is the case with standard 3 above.
Again, the publications can range from major trade journals to
mass media. Although the regulations refer specifically to
"articles," other forms of publication such as visual media should
fulfill this requirement.
7.
Display of your work in exhibitions or showcases. The regulations
do not mention how prestigious the exhibition must be.
8.
Performing a critical or leading role for organizations that have
a distinguished reputation. This could be acting as curator for
the Metropolitan Museum of Art or serving as an essential
researcher for an important laboratory.
9.
Commanding a high salary in your field. The regulation requires
that your salary or remuneration be high in relation to others in
the field, so a teacher need not make as much as a professional
football player.
10.
Commercial success in the performing arts. This can be
demonstrated by box office receipts from your films or plays,
sales of your record, or selling your video documentary to a
network for a notable sum.
Satisfying three out of the ten criteria does not guarantee that
the INS will grant you EB-1-1 classification as an alien of
extraordinary ability. The INS looks for quality as well as
quantity. As in so many other aspects of immigration law,
comprehensive documentation of your qualifications is all
important.
For more information on immigration options, send your request to
immigration@bkrlaw.com
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