Skate like Wayne Gretzky? Obtain an O-1 Visa to Play in the U.S.

In order for an athlete to be professionally employed in the United States, he or she must obtain an O-1 visa. To qualify for the visa, the athlete must prove that they possess a level of expertise indicating that they are one in the small percentage who have risen to the top of their field. Examples of successful applicants include the great Wayne Gretzky, Ronaldo, and Annika Sorenstam. Due to the high standards required for receiving this type of visa, it is very important to involve an O visa lawyer in the application process.

Demonstrating the extraordinary ability is done through one of two methods. These include:

1. By receiving a major internationally recognized award, such as an Olympic medal.
2. By providing documentation that the athlete has met at least three of the below requirements:

• Received a national or international awards for excellence
• Obtained membership in an association which requires outstanding achievements of their members
• Article written about the athlete in a major trade publication
• Participated on a panel of judges evaluating the work of others in the same field
• Hired as an essential employee for organizations that have a distinguished reputation
• Has commanded or will command a high salary, as evidenced by contracts or other evidence

Fortunately for the aspiring athletes of the world, there is no limit on the number of O Visas which can be issued. Athletes are allowed to have their agents submit their applications for the visa on their behalf. Once obtained, the visa is limited to three years, and can be extended thereafter for an unlimited number of one year extensions.

An additional hurdle for the applicant is the requirement that the athlete obtain an advisory opinion from one of the following in the same area of ability:

• Peer group
• Labor organization
• Management organization

If the applicant meets one of the following requirements, however, he or she can avoid the advisory opinion hurdle:

• If applicant is requesting an expeditious handling of his or her petition
• No qualifying entity exists
• Within the last two years, a consultation took place

Many successful professionals have traveled to the U.S. on an athlete’s O visa in the past. For those with a truly extraordinary ability, the O visa is valid option for obtaining legal passage to the U.S.

For more information about work visas for athletes, contact an experienced O visa attorney who understands the complexities of U.S. immigration laws. Fill out our online form or contact us at 415-221-2800.