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.

Pele Receives O-1 Visa Through Revived New York Cosmos

In the 1970's, the New York Cosmos soccer team was the keystone of the fledgling North American Soccer League (NASL). The NASL eventually disbanded in 1984 after a decade-long run. The Cosmos was known for employing world famous soccer players, including Brazilian legend Edson Arantes do Nascimento (better known as "Pele").

Certain promoters have revitalized the New York Cosmos club, with the hopes of having it join Major League Soccer within a couple of years. As with its prior iteration, the Cosmos will once again have Pele on staff, albeit not in a playing capacity.

“The Cosmos are back!” old boy Pele enthused in August, when the would-be club’s directors announced the Brazilian icon, world football’s one and only O Rei, as honorary president.

The Cosmos recently acquired an O-1 visa on behalf of Pele for his administrative role in the new Cosmos team. The O-1 is a nonimmigrant visa for individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics.

USCIS Summaries on O-1 and P-1A Visas

The USCIS has updated its website with a useful summary of the requirements for obtaining an O-1 visa, which is used for individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics. The website also contains a similar summary for the P-1A visa, which can be used for Internationally Recognized Athletes. This visa is available to athletes coming to the United States to participate in team events. The athlete must have achieved significant international recognition in the sport. This visa is commonly used by major league sports conglomerates, such as the NBA, MLB, NFL, NHL and MLS, to import foreign players. Higher profile athletes can also avail of the O-1 visa, while average professional athletes in the major leagues can get by with a P-1A. The O-1 visa is favorable as its requirements are similar to those of the EB-1A, which is a green card category that generally involves a much shorter waiting time relative to other employment-based visa categories.

A Criminal History Can Hinder an Athlete's Plans to Compete in the United States

The New York Red Bulls have encountered some difficulty in signing British striker Luke Rodgers, whose visa application has been delayed due to three arrests since 2002, including once for assault.

Under 9 FAM 40.21(a), an intending nonimmigrant may not be issued a visa if that person has a conviction for a crime involving moral turpitude. "Moral turpitude" exists in crimes like fraud, larceny, and intent to harm persons or things, among other crimes. There are exceptions for political offenses and crimes committed under the age of 18. There are also certain waivers which might overcome a finding of inadmissibility for lack of good moral character.

In Rodgers's case, it is unclear whether the visa delay involves an actual issue of moral turpitude (necessitating a waiver), or just extra police clearance requested by the consulate.

Major League Soccer Player Gets Fast-Tracked P-1 Visa -- But at What Cost?

MLSnet.com reports that New England Revolution striker Edgaras Jankauskas was able to acquire P-1 status in a matter of only three days.

The speedy resolution occurred because Jankauskas already had the right to enter the country on a tourist visa, according to Revolution vice president of player personnel Michael Burns.

Jankauskas entered the United States on the tourist visa on June 28, filed a change of status under the USCIS's Premium Processing service on June 29, and was issued an approval by July 1.

Under Premium Processing, USCIS is required to issue a response to the filing of an eligible petition (such as for O-1 and P-1 status) within 15 days. This response can come in the form of a denial, approval or Request for Evidence (RFE), wherein the USCIS requires the production of additional documentation to support the petition. By regulation, the $1000 premium processing fee is to be refunded if the Service takes longer than the allotted 15 days.

While the idea of using a tourist visa to come to the United States and immediately changing to P-1 visa may seem expedient in the short-run, it could be problematic in the future. Oftentimes consulates will look askance upon the filing of a change of status so soon after entry using a tourist visa, as a quick filing can be seen as evidence of a lack of intent to be a bona fide B-1/B-2 nonimmigrant. Therefore such a strategy can lead to problems in acquiring visas at foreign consulates in the future.

Major League Soccer Player Cornell Glen Experiences P-1 Consular Delays

Cornell Glen, who plays striker for the San Jose Earthquakes of Major League Soccer (MLS) league, was recently forced to miss MLS matches versus the Los Angeles Galaxy and Sounders FC due to a delay in the consular processing of his P-1 visa in his home country of Trinidad and Tobago.

The Quakes striker was supposed to return to San Jose during the week of June 15, but he needed to get his application for a P-1 visa approved first. The petition was approved in the U.S., but when Glen showed up for his appointment, the staff at the embassy couldn't find his paperwork, forcing to reschedule another appointment.

Although the specifics are unclear, it is questionable whether the embassy actually lost his paperwork. More likely, his P-1 approval needed to be entered into the State Department's Petition Information Management Service (PIMS) database. PIMS is a centralized database accessible to all U.S. consular posts that provides full access to the details of all nonimmigrant visa petitions that have been approved by USCIS. Unfortunately, the current practice at USCIS is not to include a nonimmigrant visa approval (such as for an O-1 or P-1 petition) into the PIMS system automatically, unless the original petition filed with USCIS included a duplicate copy. Where an approval has not been entered into PIMS, consular posts are required to seek verification from the Kentucky Consular Center (KCC), which acts as the intermediary between the USCIS and the Department of State's consulates. Most probably the delay in Glen's visa stamping was due to PIMS verification delays. USCIS has given no good reason why all petition approvals are not automatically entered into PIMS, much to the chagrin of immigration attorneys and visa applicants alike:

"I was getting really frustrated with the visa," said Glen.