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.

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.

Unionization Push for NCAA Student Athletes Could Have Unintended Consequences

The Dartmouth men’s basketball team’s recently filed a unionization petition, which, if granted, would convert these student-athletes into university employees.  This conversion may have unintended consequences for international students on the Dartmouth team.

Those students are in the country on F-1 status, which permits on-campus employment of up to 20 hours per week.  However, by their own admission, the basketball players spend almost 40 hours per week on Division 1 college basketball activities (i.e., practicing, strength training, games, travel, etc.).

“I am committed to 35 hours a week, 11 months a year athletic training, and competing while managing the rigorous Ivy League academic course load,” wrote Neskovic, a senior at Dartmouth, who is one of four international students currently on the Big Green’s men’s basketball roster.

Thus, the union bid may inadvertently lead to the foreign athletes losing status.  As this article explains, other visa options such as P-1 and O-1 may not be readily available for them.  

The O-1 category is difficult and reserved for athletes at the highest level (i.e., the NBA, not college athletes).  Chances are likely higher with the P-1 category, although the league that the Dartmouth players compete in (i.e., the mid-to-low level Division 1 Ivy League) may not meet the P-1 requirement of being a "distinguished" event.  Another option for full-time employment, Curricular Practical Training (CPT) seems inapplicable as CPT studies need to relate to the student's course of study.  Basketball matches, though well-integrated into the typical college's social scene, are not academic endeavors.  Thus, the students may ironically be better off as remaining as students and not employees.

For decades, the NCAA has staunchly defended its position that student-athletes must not be paid.  Over the years, countless student-athletes have lost their eligibility due to compensation received or suspected, whether large or small in amount.  In a historic unanimous decision, the Supreme Court decided in NCAA v. Alston that the NCAA's compensation restrictions violated antitrust laws.  In response, the NCAA implemented a new policy allowing student-athletes to receive compensation for endorsing companies or products based on their name, image or likeness (NIL).

While this is welcome news for high-profile athletes who are US citizens or Lawful Permanent Residents (LPR), international students need to be cautious about accepting endorsement deals.  According to NCAA data, nearly 13% of Division I athletes and 7% of Division II athletes were from overseas in 2020.  F-1 regulations contain strict limitations on when a student can work (i.e., receive compensation for employment).  Options for employment include on-campus, off-campus, post-completion OPT (optional practical training), STEM OPT, and Curricular Practical Training (CPT).

As noted in this article on Insider.com, 

"When legislation establishing payment for student-athletes is passed, it changes a foreign athlete's visa classification from student to paid employee," Seiger told Insider. "This creates huge potential for conflict between students, schools, and the federal government." 

Foreign students who are lucky enough to have the option of being endorsed should check with their university's Designated School Official (DSO) before accepting an endorsement deal.

New Guidance from USCIS on P-1A Internationally Recognized Athletes

 USCIS has issued guidance to clarify certain lingering uncertainties about how P-1A petitions are processed.  The P-1A nonimmigrant visa classification is available, in part, to a person who performs, individually or as part of a team, as an athlete at an “internationally recognized level of performance." 

The new guidance:

• Clarifies that the regulatory phrase “major United States sports league” at 8 CFR 214.2(p)(4)(ii)(B) is interpreted to mean one that has a distinguished reputation commensurate with an internationally recognized level of performance, and “major United States sports team” means a team that participates in such a league.
• Describes non-exhaustive examples of information and evidence relevant to evaluating whether an entity is a “major United States sports league or team” for the purpose of adjudicating P-1A petitions for internationally recognized athletes or teams.
• Explains how to evaluate whether events or competitions have a distinguished reputation and are at an internationally recognized level of performance. 

The full text of the guidance can be found in the USCIS Policy Manual.

Cirque du Soleil Performers on P-1 Visas Impacted by COVID-19 Pandemic

 The COVID-19 pandemic has wreaked havoc across the world and all industries are impacted.  The circus industry is no exception.  A recent article in the Las Vegas Review-Journal describes the difficulties faced by Las Vegas-based Cirque du Soleil performers, many of whom are in the country on P-1 visas, as athletes who are part of a group or team that performs at an internationally recognized level of performance.  

The article describes how the Las Vegas entertainment industry shut down operations in mid-March due to the pandemic.  While the article is not specific, its descriptions of the financial struggles suffered by the performers suggests that Cirque du Soleil furloughed or terminated its employees.

Since continued maintenance of P-1 visa status is tied to ongoing employment (and timely payment), some of the foreign national performers in the troupe were forced to leave the country.  At this point, P-1 athletes impacted by the pandemic are looking towards its quick resolution just like everyone else:

For now, the question remains: When will Cirque du Soleil return and who will operate the circus extravaganza in a new post-COVID-19 world?

“Your guess is as good as mine,” Nickel said.

In their case, resolution of the COVID-19 crisis is important not just for health reasons but also to safeguard their ability to stay and work in the country.

Cuban Soccer Player Competes in the U.S. On P-1 Athlete Visa

Other the last 6 decades, the sports pages have been littered with stories of Cuban athletes defecting to the United States to participate in sports in this country.  This is an often-dangerous route, and typically involves the athlete turning his/her back on loved ones in Cuba.  Soccer player Luis Paradela has decided to take a more conventional (for non-Cubans) route to playing in the United States: applying for a P-1 visa.

Paradela is believed to be the only Cuban athlete in 60 years to join a U.S. sports team on a visa.

The unusual nature of the visa application was probably not lost on immigration officials, who likely issued a cumbersome Request for Evidence (RFE) in Paradela's case, resulting in longer than the usual 15 day timeframe that applies for petition approval under premium processing (which is how most P-1 petitions are filed).

Typically, an athlete arriving from abroad must wait two or three weeks for visa approval. In Paradela’s case, it took about three months.  

By choosing to pursue a nonimmigrant visa, Paradela remains eligible to compete as part of the Cuban national soccer team.

Cross-Fit Athlete's Visa Troubles Highlight ESTA v. B-1 Dilemma

The CrossFit Games is a fitness competition in which athletes from around the world compete for the title of “Fittest on Earth”.  Alexander Anasagasti, Spain’s top CrossFit athlete, has been issued a B-1 visa after initially being refused.

The problem arose because last year, when Anasagasti travelled to the US to train, he applied for a tourist visa that was longer than the Electronic System for Travel Authorisation (ESTA) form would allow him to stay. The disconnect meant his visa was rejected and the ESTA was revoked as a result. The sanction remained in place when he applied again this year.

As a Spanish citizen, Anasagasti was eligible to enter the United States through the fast-track ESTA program, which is an automated system that generally allows most eligible applicants to enter the country.  ESTA is the screening system through which foreign nationals can enter the United States under the Visa Waiver program.  Visa Waiver is available to nationals from certain generally-affluent countries, and allows entry as a tourist without applying for a tourist visa.

In contrast, the B (tourst) visa is one of the most difficult visas to procure.  One drawback of ESTA is that it only allows entry for up to 90 days at a time.  For this reason Anasagasti chose to apply for a tourist visa.  Unfortunately, his tourist visa was denied, which also led to the denial of his ESTA authorization (per the norm).  Luckily for Anasagasti, he posted about his plight and was successful when he reapplied for a tourist visa, thereby allowing him to compete in the CrossFit Games.  This episode shows that when entry using ESTA is possible and appropriate, it is often preferred to applying for a tourist visa.

USCIS Now Accepting Copies of Negative O Visa Consultations Directly from Labor Unions

The O-1 visa is set aside for individuals with extraordinary ability in science, education, business, athletics, or the arts, and individuals with extraordinary achievement in the motion picture or television industry.  One filing requirement for O-1 cases is that the petitioner must submit an advisory opinion from a labor union in the field in which the O-1 nonimmigrant will practice.  For instance, a professional basketball player filing an O-1 must first obtain an advisory opinion from the National Basketball Players Association, a union advocating for professional basketball players.

While obtaining a negative opinion from a labor union is not an automatic bar to acquiring O-1 status, such an opinion might make a particular filing more challenging.

An O-1 petitioner will procure an opinion directly from the concerned union, and then submit it to USCIS as part of the O-1 filing.  USCIS is now slightly amending that process to address ostensible fraud in the industry:

Director L. Francis Cissna recently met with several labor unions to discuss concerns they had with the consultation process for O visa petitions, in particular that some advisory opinions may be falsified by petitioners and submitted to USCIS as no-objections or favorable consultations, when in fact these were negative. The labor unions will now be able to send a copy of a negative consultation letter to USCIS so that it can be compared to the consultation letter submitted to USCIS by the petitioner.

This latest move should not have any negative impact on legitimate filings where documents have not been doctored.  The change is in direct response to the arrest of an immigration attorney for fabricating dozens of O-1 non-objection letters from labor unions.

Athletes Like Ray Beltran Literally Fight to Stay in the US

A recent story in Yahoo Sports highlights the visa issues facing Mexican-born lightweight boxer Ray Beltran, who is currently in the United States on P-1 status.  He has had a distinguished career thus far, enjoying a record of  33-7-1 with 21 knockouts.  Beltran was the primary sparring partner for Manny Pacquiao and fought for the world title two times.  He has been ranked No. 2 by the WBC, WBO and IBF and No. 6 by the IBF.

Beltran now has a P1 visa which, according to the U.S. Department of Homeland Security, an athlete qualifies for a P1 if he or she is “coming to the United States to participate in individual event, competition or performance in which you are internationally recognized with a high level of achievement; evidenced by 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.”

The article states that Beltran and his immigration attorney are very confident that his record is strong enough to warrant continued stay in P-1 status. 

However, all athletes retire, and those on P-1 status must look towards longer term options to remain in the US. The next logical step in the immigration journey of a P-1 athlete is typically the first preference EB-1 visa, which includes an allocation for those showing extraodinary ability in athletics.  The standards for acquiring an EB-1 immigrant visa are higher than for P-1 nonimmigrant visas.  The upshot is that a P-1 athlete facing only moderate success will face challenges in staying in the United States permanently.

The heightened standard for EB-1 immigrant visas requires P-1 athletes to maintain a high level of success.  As a result, athletes like Beltran feel continued pressure to keep winning.  Losing can be painful for any athlete, but that pain is compounded in cases where a string of defeats can threaten the loss of immigration status. 

Immigration Problems for Oklahoma City Thunder Enes Kanter

Enes Kanter, the 25 year old center for the NBA's Oklahoma City Thunder, has been in hot water with Turkish authorities as of late.  Kanter was born in Switzerland and until recently, held a Turkish passport.

Kanter has been a thorn in the side of the Turkish regime for some time now, largely because of his outspoken criticism of Turkey President Recep Tayyip Erdogan.  Kanter has also been a vocal supporter of Turkish opposition leader Fethullah Gulen, who lives in the United States and is in exile for allegedly plotting the overthrow of strongman Erdogan last year.  Apparently, Turkey had enough of Kanter's activism:

According to AFP, a Turkish judge on Friday issued an arrest warrant for Kanter. The 25-year-old is accused of having “membership” in “an armed terrorist organization.”  

Though Kanter is currently in the United States, and the US has an extradition agreement with Turkey, he has little fear of being extradited because American policy generally disfavors the extradition of political dissidents.

The arrest warrant comes on the heels of another recent Turkish provocation: the revocation of Kanter's passport while he was en route from Romania to the United States.  Had Kanter been working for the Thunder on an O-1 or P-1 visa (which is the norm for most foreign basketball players in the NBA), he would have been denied entry to the US and would have faced possible jail time in Turkey for his political activities.

Fortunately for Kanter, he possesses a green card, which allows for reentry to the United States even without a passport.  As a result, he was able to return to the USA despite Turkey's cancellation of his passport.  Turkey's attempt to thwart his travel plans failed.

From the US Customs and Border Protection (CBP) website:

Lawful Permanent Residents of the U.S. must present a Permanent Resident Card ("Green Card", Form I-551), a Reentry Permit (if gone for more than 1 year), or a Returning Resident Visa (if gone for 2 years or more) to reenter the United States.

U.S. LPRs do not need a passport to enter the United States as per 8 CFR 211.1(a), however, they may need a passport to enter another country. Please contact the embassy of the foreign country you will be traveling to for their requirements. 

This is one (of few) areas where CBP regulations are actually more lax than one might expect.  

Since he was born in Switzerland, Kanter can presumably procure a passport from Switzerland, and continue, unabated, to be a thorn in the side of the Erdogan regime.

Atlanta Hawks Suspend PG Dennis Schroder for Forgetting Visa

The Atlanta Hawks rely heavily on their talented point guard, Dennis Schroder.  So it is somewhat understandable that the organization was upset with the German point guard for failing to report to work on time.

Schroder took a trip back to his native Germany during the NBA All Star Break.  Unfortunately, he left the passport containing his US visa (likely a P-1 or O-1 visa) in Georgia.  As a result, he was not able to return to the US as planned.

League officials attempted to procure an expedited visa appointment at a US consulate in Germany to allow Schroder to procure a new visa in time, but ultimately Schroder was unable to get the visa in time for his scheduled return.  As a result, the Hawks suspended him for one game.

“I have to accept it,” Schröder added. “Coach said something and I listened to him. I’ll focus on the next game. I am disappointed that it happened.”

The incident is a telling reminder that immigration troubles can plague all employees, including multi-millionaire star athletes.

P-1A Visa Adjudications Remain Inconsistent for Professional Video Gamers

As we noted in January 2014, the USCIS has begun to recognize professional video game players as athletes eligible for P-1A visas, which are reserved for "internationally recognized athletes."  Even so, there has been a lack of consistency in the adjudication of such visas for professional gamers, probably because of the relative novelty of professional gaming and the usage of the P-1 category for such athletes.

The difficulties faced by professional gamers in acquiring P-1 visas was brought into relief last October when Sweden's William "Leffen" Hjelte was denied the visa despite his renown as a top-level gamer.  While Hjelte ultimately procured a P-1 visa in this year, the gaming industry has been vocal in demanding more consistent adjudications of P-1 visas, even starting a petition on Whitehouse.gov that has amassed over 117,677 signatures. The petition states that a wider range of "eSports should be considered 'legitimate' sports in order to let players come and compete in the United States."

While one might expect the availability of P-1 visas for gamers to increase over time as government officials become more acclimatized to this unique form of professional sports, such an increase is far from obvious given recent political developments.  Many immigration lawyers fear that the recent election of Donald Trump as President will harken an increasing anti-immigrant sentiment among adjudicators in the country's immigration agencies, including within the Department of Homeland Security and the Department of State.  If that proves to be the case, one can expect a higher level of scrutiny being applied to already stringent requirements for P-1 athletes.

EB-5 Visa Used to Fund Sports Stadium

Under the EB-5 Immigrant Investor program, entrepreneurs (and their spouses and unmarried children under 21) are eligible to apply for a green card if they make a $1 million investment in a commercial enterprise in the United States.  If the investment is in a trouble economic area, the investment threshold is reduced to $500,000.

The investment can occur in a single business, or it can be pooled with others as part of a USCIS-sanctioned "Regional Center" program.  The majority of EB-5 visas are issued in connection with a Regional Center investment.

Traditionally EB-5 Regional Centers comprised of large-scale infrastructure projects, often in rural or low-income urban areas.  Such projects have included shopping malls, ski resorts, and condo complexes.   The largest EB-5 regional center, for a Vermont ski resort, has recently been taken to task by the Securities and Exchange Commission for fraud.

 For the first time ever, a sports stadium will be built using the EB-5 Regional Center mechanism:

Mr. da Silva, the majority owner of Orlando City of Major League Soccer, is asking investors from Brazil, China and elsewhere to pay $500,000 each for a stake in the stadium he is building near downtown Orlando. In return, the foreign investors receive annual dividends, two season tickets and something even more valuable: a green card that allows them, their spouses and sometimes even their children to live and work in the United States.

...

 Mr. da Silva, though, is building a $156 million stadium, not a high-rise building or a shopping mall, and he is marketing to foreigners not because lending is tight, but because lawmakers in Florida would not provide subsidies for the stadium in the Parramore neighborhood of Orlando.

Traditionally sports stadiums have been financed through public-private partnerships that often fail to produce the promised revenue for government funders.  It remains to be seen whether Orlando City's EB-5 investors will enjoy any profits from their investments.

NFL Player Faces Delay Over Failure to File P-1A Transfer Petition

While sports like soccer (football), basketball and baseball are replete with foreign players, American football features relatively few foreign national players. However, the emerging trend is for increased foreign participation in American football. The case of New Zealander Paul Lasike presents an interesting example of this trend. Lasike was recruited from New Zealand as a future All-American rugby player at Brigham Young Univeristy in Utah.  His athletic prowess caught the attention of BYU football coaches, who convinced him to switch to football for his remaining 3 years of college. Lasike subsequently enjoyed a successful career in college football and was named to the College Sports Madness All-Independent Third Team his senior year.

After his graduation, the Arizona Cardinals initially picked up Lasike as a free agent full-back, and employed him on the basis of a P-1A visa. This season, he has been signed by the Chicago Bears as a member of the practice squad. Unfortunately, the trade has run into visa trouble:

It’s one thing to have a transaction held up by the league office.

But for the Bears, the State Department is keeping them from filling their practice squad at the moment.

Apparently, the Bears may not have been aware of the rule that an NFL team acquiring a player from another team typically needs to file a new P-1A petition with USCIS to reflect the player transfer. The rule is that a player in P-1A visa status can play for a new team based on the existing P-1A for up to 30 days. During that time, the new team must file a P-1A transfer. While the transfer petition is pending, the player can play for the new team for up to 240 days beyond the earlier work authorization.

Manny Pacquiao-Floyd Mayweather Undercard Roiled by Visa Processing Delay

The May 2, 2015 fight between Manny Pacquiao and Floyd Mayweather has captured the imagination of the general public for a number of reasons.  Those reasons include the contrast in personality and background for two of the best boxers in recent memory.

While much of the focus will be on this main event, the behind-the-scene wranglings for the fight's undercard reveal the negative impact that visa processing can have on sports events.

Managers for the fight had reportedly been attempting to bring four top-level Filipino boxers to serve as the undercard (presumably to play up the U.S. v. Philippines angle).  The four fighters are IBF World Youth super flyweight champion Aston Palicte, WBO Asia Pacific bantamweight champion Marlon Tapales, super flyweight Drian “Gintong Kamao” Francisco, and IBF Asia Pacific super lightweight champion Adonis Cabalquinto. 

The four boxers were reported to have an interview at the US Embassy in Manila on Tuesday [April 21, 2015], with the hopes of getting the visa in time for the fight.

At this time, the undercard has been finalized and none of the Filipino fighters are listed, which raises the strong likelihood that visa processing delays have precluded their inclusion in the marquee event.  Boxingscene.com reports:

[T]hey did not get their P1 visas on time even though the visa process was expedited by our lawyers, so we took them off the card as the safety of the fighters are a major concern and there was not enough time for them to get acclimatized and travel.  

Despite the availability of premium processing and the ostensibly relaxed standard for P1 visa athletes, this incident highlights the difficulties faced by athletes and promoters in navigating U.S. immigration law.

Normalization of Relations with Cuba Could Facilitate Immigration of Cuban Players

President Obama recently announced a complete overhaul of the country's long-standing, virtual sequester of Cuba.  This has been unfortunate for many reasons, including the fact that many of the world's top boxers, volleyball players and baseball players hail from the island nation.  For instance, defecting Cuban baseball players Yoenis Cespedes, Yasiel Puig, Jose Abreu and Rusney Castillo have all signed on for successful multi-million dollar contracts with MLB teams.

Unfortunately, because of travel restrictions on Cuban players, many who find their way to the U.S. are forced to utilize unscrupulous and often dangerous human smugglers to facilitate their transfer.

The uncomfortable truth is that many Cuban baseball players who defect to the U.S. must endure extreme danger in order to do so and often rely on human trafficking rings to smuggle them off the island.  As part of President Obama's announced policy change, the U.S. will reportedly work with the Cuban government on human trafficking issues. In the short term this could make it more difficult for Cuban players to defect.

Over the long-term, however, increasing numbers of Cuban players could make their way to compete for U.S. teams.  That would require elimination of trade restrictions between the two countries.  The United States has previously relaxed trade restrictions with Iran on a one-time basis, to allow FIBA Asia star Hamed Haddadi to play for the Memphis Grizzlies.  Presumably the recent shift in American foreign policy towards Cuba could facilitate similar relaxations with respect to Cuban players.

Yankee Masahiro Tanaka's Visa Processing Facilitated by U.S. Senator

Japanese pitcher Masahiro Tanaka has been in the limelight of late.  The star right-hander was just recently signed by the New York Yankees for a mammoth seven-year, $155 million contract.  At only 25 years old, he is already expected to be one of the best pitchers in the game of baseball.

The Yankees filed a petition for Tanaka's P-1 with the USCIS Vermont Service Center, and wanted faster-than-normal approval of his case so that the pitcher could make it to Spring Training on time. One interesting tidbit relating to his P-1 processing appears in an article from the NY Daily News.

[The Yankees] called New York Senator Chuck Schumer to see if Sen. Schumer could help make sure the paperwork was done properly.

"My office works tirelessly to help constituents every single day, but it's not often you get a call from a constituent like the New York Yankees," Schumer said. "You see, the Yankees called me a couple of days ago to say they were worried about Masahiro Tanaka getting to spring training on time due to the length of time it can take for foreign players to get a visa.

"Foreign baseball players apply for something called a P-visa and the whole process can take up to a month; but with pitchers and catchers reporting on February 14th, it was very possible he wasn't going to make it. So I made sure we had someone go to the mailroom at USCIS (United States Citizenship and Immigration Services), pull his application and get it processed quickly - something I have done in the past for the Mets as well, when they had a similar issue with Jose Reyes."

While they can always pass special legislation granting particular aliens some immigration benefit, members of Congress cannot require that the USCIS or Department of State approve a particular applicant's case.  They can, however, inveigle these administrative agencies to expedite certain cases that are under process.

For the normal person, expedites are typically only considered for humanitarian or pressing medical reasons.  Apparently, expedites can also be done to assist a professional baseball player make it to spring training on time.

One wonders if such privileged treatment of celebrities calls into question the Constitution's 5th amendment guarantee of due process for all under federal law.

P-1 Visa Can Be Issued to Professional Gamers

The five year P-1A visa is reserved for "internationally recognized athletes."  One traditionally considers "athlete" to mean those engaged in physical competitions or sporting events.  However, the definition of that terms seems to be expanding to encompass professional video game players.

The USCIS has recently issued a P-1 visa to a professional "World of Warcraft" gamer.  Another such visa was granted earlier to a Canadian player of the "League of Legends" game.

Many will be surprised to learn that professional gaming has an intense following, particularly overseas.

The move could bring more professional gamers to the U.S. and grow an already booming industry. This October, the final match for the game League of Legends almost packed the Staples Center, home of the Los Angeles Lakers, with more than 13,000 people. 

 . . . .

At live matches, Kim would play against his opponent inside a soundproof glass booth. Thousands of spectators watch these tournaments in person, along with professional commentators narrating for millions of online viewers.

Prize money can be very lucarative as well, as the combined prize money for the three StarCraft II world championship series next year is set at $1.6 million.

In our earlier post we questioned whether the League of Legends P-1 was a mere anomaly, or a marked shift in USCIS's interpretation of the visa.  With this latest development, it seems clear that the agency now considers gaming to qualify as an athletic event for P visa purposes. 

NBA Player Mac Koshwal's Visa Troubles

A recent story in the Newark Star Ledger follows the visa travails of Sudanese basketball player Mac Koshwal.  The story touches on the mental suffering that even top-level athletes face in finding a way to stay and work in the United States. Koshwal is fighting for a roster spot on the NBA's Philadelphia 76ers or the NBDL's Delaware 87ers.  His challenge to stay and work in the country is particularly acute because of how few professional basketball jobs exist in the US. 

Of course, in some ways his story is no different from other employment-based nonimmigrants (like H-1B professionals or L-1 intercompany transferees) whose right to stay in the United States is also tied to ongoing employment.  On the other hand, a computer professional with average skills in the industry could rather easily find an employer willing to sponsor his/her H-1B visa.  In contrast, being NBA-caliber, Koshwal is clearly in the top 1% among basketball players in the country.  Even so, if he fails to make an NBA or NBDL team, he would no longer have eligibility for an O or P visa, and would most likely have no basis to stay in the USA.

The article does make one puzzling claim: that Koshwal could not play in foreign countries.

Koshwal said he got help from the NBA in his quest to obtain a work visa, something that he finally received three months ago after a two-year battle. According to Koshwal, however, that visa does not apply to other countries, however. Meaning that unlike players like Blue, Wyatt and Thompson who could go potentially go overseas should things not work out in Philadelphia, Koshwal said he does not have that option. 

Each country has its own visa procedures, and the inability to secure a US work visa does not preclude acquiring a work visa in another country - say Spain or Greece - which also features top-level basketball leagues that could employ Koshwal.