The Under-recognized Connection Between Jeremy Lin and Immigration Policy

Harvard Economics graduate Jeremy Lin has taken the basketball world by storm. Lin received no Division 1 scholarships despite leading Palo Alto High School to the California state championship (Harvard gives athletes ample "financial aid" but no scholarships). The Ivy League has sent dozens of players to the NBA over the years (such as Hall of Famer Bill Bradley), but Lin went un-drafted despite a stellar collegiate career.

Despite being labeled as a Division III player at best before he had played his first college game, Lin ended his college career as the first player in Ivy League history to record 1,483 points, 487 rebounds, 406 assists and 225 steals over a career.

Lin showed flashes of brilliance in NBA summer league play but was relegated to the bench. His recent success with the New York Knicks has all the hallmarks of a quintessential All-American sports story (a la Rocky or Rudy).

As David Leopold, past president of the American Immigration Lawyers Association (AILA) recently noted, Lin's remarkable story would not have been possible if immigration restrictionists (some of whom wish to end all immigration whatsoever, legal or otherwise) were able to set policy.

[I]f the restrictionists had their way his story would not be possible and America would lose out, just as it does when it closes its doors to those seeking the American dream who, over the course of American history, have helped make this country the greatest country in the world.

A favorable immigration policy can benefit the United States in multifarious sectors, sports included.

NBA Lockout Still Having Immigration Effects

An O or P petition cannot be filed where a DOL-certified strike or lockout condition exists. As we discussed earlier, O and P nonimmigrants already in the US during a strike or lockout have some interim benefits, but rookies and veterans filing new petitions may not file until the work stoppage is over.

Now that the NBA lockout is over, players are once again able to file O and P petitions. However, the abrupt nature in which the lockout ended has caught some players off guard. For instance, rookie guard Cory Joseph has had his start with San Antonio Spurs delayed.

In a normal NBA season Joseph, a Canadian, would have applied to the U.S. Citizenship and Immigration Service for a U.S. work visa after the Spurs drafted him in June, with the expectation he would be signed to a contract during the summer. That expectation ended when the NBA locked out its players on July 1, meaning Joseph couldn’t apply for the visa until the lockout was lifted.

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.

Consular Processing: A Learning Experience for the Sacramento Kings' Draft Pick Omri Casspi

The Sacramento Bee reports on the experience of Omri Casspi, the 23rd pick in the 2009 NBA Draft, in acquiring a P-1 visa sponsored by his newest employer, the Sacramento Kings.

Obtaining a visa to play in the United States remains a major irritant for the non-Americans in the league. Most of the time the NBA teams turn their attorneys loose on the immigration matter. But as Omri Casspi is learning - as did Vlade Divac and Peja Stojakovic and Hedo Turkoglu back in the day - the process is not hassle-free. Multiple time-consuming meetings at the U.S. Embassy remain common. In Casspi's case, the Kings rookie appeared for a 7:30 a.m., appointment on Tuesday and was required to return again Wednesday to finalize the paperwork. He sounded relieved to have the matter resolved. "Done, over," he said afterward. "I'm ready to go."

Casspi, while obscure in the United States, is well known in his native Israel as he starred for the country's best basketball team (Maccabi Tel Aviv) prior to joining the Kings. Even star basketball players are not immune from the vagaries of the U.S. Department of State's visa procedures.