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.

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.

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.

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.

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.

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.

Canadian Lacrosse Players Encounter Work Authorization Delays

Major League Lacrosse (MLL) recently drafted two star Canadians rookies, Kevin Crowley and Jordan McBride, who have been delayed from starting play due to the adjudication of their P-1 visa petitions.

“We’re working on that,” Nationals coach Regy Thorpe said Wednesday when asked if Crowley would be available for Thursday’s game. “He was available last week, but there are some issues on us working out the visa stuff, logistic stuff that was kind of out of our control. We’re hoping to have him for tomorrow night.”

Interestingly, both Crowley and McBride just finished their studies as F-1 students at Stony Brook University in New York. Those knowledgeable about immigration law may be cognizant of the fact that F-1 students are typically entitled to at least 1 year of post-completion Optional Practical Training (OPT), or work authorization. One might ask, why didn't Crowley and McBride play for the MLL using their OPT authorization? The answer is, OPT regulations mandate that the new job "must be directly related to the student’s major area of study." Presumably neither Crowley nor McBride majored in "Lacrosse" while at Stony Brook, despite their likely dedication to the sport as student-athletes. An open question is, would majoring in "Sports Science", "Kinesiology" or "Exercise Science" entitle a student to utilize F-1 OPT work authorization to play professional sports?

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.

Now Available: O-1 Visas for Competitive Eating

Many will recognize Takeru Kobayashi as the six-time winner of the annual Nathan's hot-dog eating competition held every July 4th in Coney Island, Brooklyn, New York. Despite his diminutive frame, Kobayashi has marveled spectators and competitors alike with his eating prowess. That prowess has earned him an O-1 visa.

Kobayashi was recently in the news for storming the stage at this year's competition, after he was barred from participation. He was barred for refusing to sign a contract with a professional league called "Major League Eating,"which sanctioned the event. An MLE contract would have restricted Kobayashi's earning from outside sources such as sponsorships.

MLE is no longer a joke. In the last year, it has organized 85 contests with nearly $600,000 in prizes. It has secured sponsorships from Coca-Cola, Harrah's, Netflix, Orbitz, Pizza Hut, Smirnoff, and Waffle House. This year, it recruited Pepto-Bismol, Old Navy, and Heinz to sponsor the hot-dog contest. In addition to MLE's TV programming for Fox, SpikeTV, and other networks, ESPN now pays the league to broadcast the hot-dog contest, with 40,000 spectators on hand and another 1.5 million households watching.

The most interesting part of the story from the immigration perspective is that Kobayashi was able to secure an O-1 visa on the basis of his "extraordinary ability" to eat. He was granted the visa despite the fact that he has not joined the major league in the sport (Major League Eating). One wonders if the P-1 visa would also be available to other contestants in the MLE. Most likely, foreign participants in eating contests would utilize a tourist visa, which is allowed for amateur events involving per-event prize winnings. However, if Major League Eating comes to feature a string of professional events year-round, visas of a longer duration might be attainable, even for competitors of lesser renown than Kobayashi.

British Boxer Amir Khan Faces P-1 Difficulties

An important lesson can be learned from British boxing phenom Amir Khan's attempt to secure P-1 visa status in time for his recent WBA junior welterweight title defense against Paulie Malignaggi.

Given what we know of the way these matters are handled under the Patriot Act, the wonder shouldn’t be that it took Amir Khan two weeks to get back into the country, but that he didn’t wind up in Guantanamo instead of at the Madison Square Garden Theatre this weekend.

Khan, a British subject also holding Pakistani citizenship, entered the United States on a visitors visa to begin training for the fight. However, in order to compete in the boxing match against Malignaggi, he needed to acquire P-1 status. The P-1 petition filed on his behalf was approved under consular processing, which meant that he would have to leave the country, acquire a P-1 visa stamp, and re-enter the US.

Khan's promoters thought that he would be able to secure a P-1 visa in a matter of only 2 days at the U.S. consulate in Vancouver, but they were bitterly disappointed. The visa application was delayed for unspecified security reasons, and was approved only after a couple of weeks. Fortunately for Khan, his entire training staff moved to Vancouver to enable him to train for the fight there, while his visa was being processed.

Even after receiving the visa, Khan faced an additional delay of a couple of hours at the port-of-entry while attempting to re-enter the United States.

A number of factors may have contributed to Khan's difficulties:

• Around this time, the U.S. security apparatus was abuzz due to Faisal Shahzad's attempted car bombing in Times Square;
• Khan has a common name that could have triggered red flags due to the misdeeds of other(s) with the same name;
• He has a checkered driving record in Britain, having hit a bicyclist and a pedestrian in separate incidents.
  

The main lesson to be learned is that visa processing delays are to be expected; one must schedule itineraries with the possibility of delays in mind.

Khan went on to win the fight, making a commendable US debut and keeping the WBA super lightweight title.

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.

Summary on Visa Options for International Boxers

The 8CN Boxing website contains a useful summary of the various visa options available to international boxers seeking to travel to the United States for various purposes. As one might expect, the US has been a prime destination for top boxers.

"Foreign-born prospects Ji-Hoon Kim, Ruslan Provodnikov, and Maxim Vlasov all scored important wins on the February 12, 2010 ESPN Friday Night Fights card at the Pechanga Resort & Casino in Temecula, California; the Germany-based, Ukrainian-born WBO Junior Middleweight Champion Sergiy Dzinziruk signed a joint promotional agreement with Banner Promotions and Gary Shaw Productions; Britain’s Amir Khan signed a co-promotional agreement with Golden Boy Promotions with an eye towards his U.S. debut; the Russian-born Matvey Korobov continued his march towards middleweight contention with a first round knockout win at the Las Vegas Hilton on February 13, 2010 on the undercard of Filipino Nonito Donaire’s third round destruction of Mexican contender Manuel Vargas; and Roy Jones, Jr.’s Square Ring Promotions signed undefeated Ukrainian-born light heavyweight prospect Ismayl (The Black Russian) Sillakh, 11-0 (10 KOs), to name a few examples. A common thread connects each of these boxers, and a myriad of others: each of them requires a visa to train, live, and/or box in the United States."
8CN Boxing - Immigration Issues in Boxing

As always, the primary factor in determining which visa avenue to choose is: what does the athlete seek to do and accomplish in the United States? Other important factors are the athlete's country of citizenship, how long he/she would stay in the US, and what level of skill and accomplishment the athlete has achieved.

USCIS Explains its Current Policy Vis-a-vis United States Employers; Self-petitions by Athletes and Coaches Rendered Questionable

Foreign athletes and coaches seeking to provide services for multiple teams/venues in the United States can have their O or P visas filed through agencies based in the US. In the past, a foreign athlete or coach seeking to avoid going through an agent had the option of incorporating an agency in the United States, and having that company sponsor his/her visa petition and provide an itinerary of services with teams. A recent memorandum by the USCIS may indicate a policy shift that could affect the continued viability of this strategy.

The memo does not directly address filings by agent-petitioners, but rather focuses on filings by petitioners that will employ foreign nationals. Specifically, the memorandum explains the USCIS's interpretation of "United States employer," which is a term that is defined at 8 C.F.R. Sec. 214.2(h)(2)(i)(A). USCIS will determine whether a particular petitioner qualifies as a United States employer on a case-by-case basis, taking into account a number of common law factors. Basically, the touchstone of employment is control over the manner and means by which work is performed. The factors specified in the memo are similar to the factors used by the IRS in determining whether a worker is an employee or an independent contractor. USCIS has slyly avoided precedent decisions allowing so called nonimmigrant "self petitions." Under the current interpretation, a proprietor of a business will no longer be able to sponsor himself/herself for an H-1B, L-1 or O-1 visa through the company since there is no true control by the company over the individual.

Notably, the FAQ accompanying the memorandum explicitly states that it "does not change any of the requirements" under the law (emphasis added). Whether the memorandum constitutes a de facto change in the law remains to be seen. As noted above, the memorandum does not address petitions filed by agents. However, the same reasoning as in the memorandum could be used to deny an O-1 self-petition by an athlete or coach that files through his or her own single-person corporation/LLC, on the basis that the agent-petitioner is not legitimately distinct from the visa beneficiary. Even though the law recognizes corporate entities as legally distinct entities with their own privileges and responsibilities (e.g., see the recent Supreme Court decision granting almost unfettered rights to political speech by corporations), the USCIS has essentially ignored this long-held legal tradition in its recent memo.

Miguel Angel Sano Successfully Receives a Visa Despite Fraud Concerns

Sports Illustrated reports that heralded Dominican shortstop Miguel Angel Sano has successfully received a visa to play for the Minnesota Twins. The Twins signed Sano to a club-record $3.15 million signing bonus, and his employment was contingent on his successful acquisition of a visa. Although unconfirmed in the article, Sano was almost certainly issued a visa in the P-1 category.

Normally the mere issuance of a P-1 visa does not make news, but it did in this case for two reasons. First, the issuance of a visa turned out to be a potentially expensive condition precedent to Sano's contract. Secondly, the issuance of the visa was in doubt due to commonplace fraud issues among prospective Dominican baseball players.

The Dominican Republic, particularly Sano's hometown in San Pedro de Macoris, has been the epicenter for age and identity fraud. Some players and their handlers cut years off their age in order to increase their market value.

Sano is not immune from suspicion regarding age and identity fraud. His 6'3, 190 pound frame and his advanced skills have called into question whether he is really 16 years old, as is his claim. Despite such concerns, Sano's visa was approved.

USCIS Clarifies O and P Visa Filing Procedures for Agents

O and P visas apply to non-immigrants with extraordinary ability in the sciences, arts, education, business or athletics, or in the motion picture and television field. O and P petitions may only be filed by a U.S. employer, a U.S. agent, or a foreign employer through a U.S. agent. Often, an O or P employee will work for multiple employers during his/her stay in the United States. The relevant regulations allow a bona fide agent to petition on behalf of such a person, as long as an itinerary listing all actual employers is provided. The Service has found that in some cases involving multiple employers for an O or P employee, the first employer will file on behalf of the individual and list the other employer(s) on the itinerary. CIS has clarified that only a company that is “in business” as an agent can do a filing on behalf of multiple employers. This policy statement creates uncertainty as to how a company can prove that it is "in business" as an agent to the satisfaction of a particular USCIS adjudication officer.

Recruiting Foreign Minor League Baseball Players

The number of foreign-born players in baseball's minor leagues has significantly increased according to the Wall Street Journal. While baseball has historically had strong representation at the major league level from various countries, in the past MLB teams had to develop their foreign talent at overseas training grounds in the Dominican Republic, Australia and elsewhere. Beginning in 2007, the "Creating Opportunities for Minor League Professionals, Entertainers and Teams Act" has changed the immigration landscape to allow for easier access to foreign talent at the minor league level. Specifically, the Act now allows minor league teams to recruit foreign players using the P-1 visa. Previously, minor league teams were restricted to use the H-2B visa, which has limited availability and is restricted to seasonal employment. In contrast, P-1 athletes can be employed in the United States for longer durations, and players affiliated with major league teams are all-but guaranteed the visa.

Recent changes in U.S. immigration law and growing competition in baseball for raw talent have allowed the minor-league farm system to flourish with imported players. It has been a home run for globalization, but bad news for U.S.-born players, who suddenly have much more competition. Across the minor and major leagues, the total number of foreign-born players is growing fast, to almost 3,500 of the 8,532 players under contract this summer, from 2,964 three years ago.

Many of the foreign players hail from Venezuela and the Dominican Republic. As noted above, one consequence is that U.S.-born players will face greater competition in making it to the major league level.

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.

H-2 Visa Shortages Affect Ski Resorts

First Tracks Online Ski Magazine reports that high demand for the number of H-2B visas has caused problems at ski resorts, which traditionally have relied on the visa to address seasonal hiring needs.

However, as the government’s fiscal year runs from October 1 through September 30th, the H-2b’s visa were capped under the quota earlier than opening day for many winter resorts.

The article recommends that employers needing to address staffing issues consider alternate visas, such as O-1, P-1, H-1B and E-3 visas. H-1B visas are for those coming to the U.S. to fill specialty occupation (i.e. professional) positions, while the E-3 is essentially a variant of the H-1B that is limited to Australian citizens. The O-1 and P-1 visas are for individuals with exceptional or extraordinary ability. Unfortunately, none of these alternate visas is especially useful for low-level employees who have neither a Bachelor's degree nor unique skills.

"New Visa Requirements Changing the Face of Boxing in Arizona" - Redux

The Arizona Star has picked up the article we blogged about last week, relating to P-1 visa requirements for boxers in Arizona. The Star has a broad readership, and as is apparent from the reader comments accompanying the article, that readership seems to be generally inclined against relaxed visa requirements. The following comment is just one example of what is a serious flaw in the country's current immigration debate - a lack of knowledge about immigration processing.

Yes this story is a complete lie and the ADS as usual does zero fact checking.
Immigrant visa applications currently cost $260 per individual application and $65 for issuance.

Too often rhetoric and vitriol prevail over fact and reasoning. As noted on the USCIS website, the filing fee for the I-129 (the form used to file a P-1 petition) is actually $320. Premium processing, which is a virtual necessity for speedy resolution of P-1 cases, is another $1000. Moreover, attorney's fees for the preparation of P-1 petitions typically run in the thousands of dollars simply because the amount of effort involved in procuring a P-1 visa greatly overshadows that which is required for a simple B-1/B-2 visitors visa.