Friday, October 24, 2025

Major FAM Revisions Reshape B-1 Visa Eligibility for Athletes and Support Staff

 On September 17, 2025, the U.S. Department of State (DOS) issued significant updates to the Foreign Affairs Manual (FAM), specifically 9 FAM 402.2-5(C)(4), which governs B-1 visitor eligibility for professional athletes. These revisions carry wide-ranging implications for athletes, coaches, and other sports professionals who travel to the United States for competitions or training.

1. Stricter Rules for “Prize Money” Athletes

Previously, professional athletes competing for prize money could often rely on B-1 status to enter the U.S. under flexible conditions. The new FAM language introduces three new requirements:

  1. The athlete’s principal place of business or activity must be abroad;
  2. The athlete’s salary must principally accrue abroad; and
  3. For team-based sports, the team must be part of an international league or the sport must have an international dimension.

These changes narrow eligibility, particularly for individual and Olympic-style athletes who train primarily in the U.S. Many will now find it difficult to prove that their base of operations and income remain abroad. This effectively steers long-term or structured athletic activity toward P-1 or O-1 visa categories, which require a U.S. petitioner and are more costly and time-consuming.

The key groups impacted by this revision will be early-career athletes transitioning from NCAA programs, prize-money competitors in sports like track and field, tennis, and swimming, and athletes in lower-paying or developing sports who cannot afford P-1/O-1 sponsorships.

2. Formal Recognition for Support Staff

A welcome addition to the FAM now allows “necessary” support personnel—including coaches, medical staff, strategists, and equipment specialists—to qualify for B-1 visas when accompanying non-U.S.-based athletes or teams.

To qualify, support staff must:

  • Work for a team or athlete whose principal business is abroad;
  • Provide similar services abroad for compensation; and
  • Be paid primarily from foreign sources.

This codifies longstanding practice, especially for Canada-based teams in U.S. competitions, and will smooth entry for global events like the 2026 World Cup and 2028 Summer Olympics. However, the rule does not define “necessary,” leaving some discretion to consular officers. Applicants should be prepared to document their essential role, similar to the evidentiary standards used in P-1S petitions.

3. Expanded B-1 Eligibility for Amateur Tryouts

In another positive shift, the new FAM extends B-1 eligibility for amateur tryouts to all sports—not just hockey. Amateur athletes can now attend tryouts with U.S. professional teams during the regular season or playoffs, provided they receive only incidental expenses (i.e., no pay or benefits).

If a contract offer follows, the athlete must secure a proper P-1 or O-1 visa before competing professionally. This broadens opportunities for emerging talent across global sports.

4. Related Updates: Referees and Visa Validity

Earlier in 2025, DOS also clarified that referees, judges, and technical officials for international competitions may enter under B-1 status if hired through a selection process and paid from abroad.

Additionally, visa reciprocity schedules were recently shortened for many countries—reducing maximum validity for B-1, O-1, and P-1 visas (e.g., Nigeria and China now limited to three months). Combined with tighter third-country processing rules, athletes should plan visa applications well in advance.

5. Bottom Line

The updates mark a pivotal shift in how global athletes engage with U.S. competitions, especially in the run-up to the 2026 World Cup and 2028 Olympics.

Friday, June 27, 2025

Trump Ban on South Sudanese Entries Affects NBA Player Khaman Maluach

The 2025 NBA Draft was full of high-stakes decisions, but few stories were as compelling—on and of the court—as that of Khaman Maluach.

On June 25, 2025, the 7-foot-2 South Sudanese center was selected 10th overall by the Houston Rockets, and was then traded to Phoenix Suns. For fans, it's an exciting basketball transaction. For immigration attorneys and international athletes, it’s also an example of how the Trump administration's clampdown on legal immigration has impacted foreign nationals in all walks of life, including professional athletes.

Just months before the draft, on April 5, 2025, the U.S. State Department revoked all existing visas held by South Sudanese citizens, including students and professionals legally residing in the U.S. This decision created significant uncertainty for South Sudanese nationals—even those, like Maluach, who were already present legally under valid student visas.

While those in the U.S. are not required to leave immediately, any future travel or reentry now requires a National Interest Exception, which is difficult to get.

Maluach initially entered the United States on an F-1 visa, the standard visa for international students, to attend Duke University. After a standout season, he declared for the draft and temporarily shifted to a B-2 (tourist) visa to attend the NBA Draft.

While playing for the Suns, he will work on a P-1A visa, the primary visa classification for internationally recognized professional athletes competing in major U.S. leagues.  The P-1A visa allows professional athletes to train, compete, and live in the U.S. It’s commonly used by NBA players, often serving as their primary immigration status for the duration of their careers.  While P visas are generally issued based on the length of a specific event, season, or tour—typically up to one year—P-1 athletes can be granted an initial stay of up to five years, with the option to extend for an additional five years, allowing for a maximum stay of ten years in total.  Maluach will be changing his status from B-2 to P-1 from within the US, based on a filing with USCIS.

With the April 2025 travel ban for South Sudanese nationals (among other nationals) still in effect, Maluach’s ability to travel internationally will be complicated even after he acquires new P-1 status.  Further, when the Suns travel to play the Toronto Raptors, Malauch would need a National Interest Waiver and a new visa with each return trip, in order to overcome the default ban on South Sudanese entries.  It might make more sense for him to skip the Raptors games altogether.

Maluach’s case underscores the importance of strategic immigration planning—especially for high-profile athletes moving between visa classifications.