P-1 Visa

As a part of The Immigration Act of 1990, the United States government codified section 101(a)(15)(P) of the Immigration and Nationality Act (INA), and created a nonimmigrant (or temporary) form of authorization that allows foreign athletes or entertainers to enter the United States to compete or perform therein.[1] The “P Visa,” as it is commonly known, includes the following subcategories in general terms:

• P-1A: Athletes;
• P-1B: Internationally Recognized Entertainment Groups;
• P-2: Artist or Entertainer Coming to Perform Under a Reciprocal Exchange Program;
• P-3: Artist or Entertainer Coming to Be Part of a Culturally Unique Program; and
• P-4: Spouses and Children of P-1, P-2, or P-3 Visa Holders.[2]

Relevant in the esports context, the P-1A visa permits qualified “Athletes” the ability to enter the United States and earn salaries or other compensation for competing in games or tournaments therein.

What is an “Athlete” for P-1A Visa Purposes?

The legal authority for a P-1A visa stems from section 101(a)(15)(P)(i)(a) of the INA, which relates that an “Athlete” for P-1A purposes is one who is later described in section 214(c)(4)(A) of the INA.[3] The referenced section 214(c)(4)(A) of the INA, in turn and in tandem with the COMPETE Act of 2006, defines four (4) categories of individuals or groups that meet the definition of an “Athlete” for P-1A purposes:

• Internationally Recognized Individual Athletes or Athletic Teams;
• Professional Athletes;
• An Athlete, or Coach, Whose Team or Franchise is Located in the United States and is a Member of a Foreign League or Association of 15 or More Amateur Sports Teams; or
• A Professional or Amateur Theatrical Ice Skater.[4]

For esports athletes, teams, or organizations looking to bring talent to the United States, they must generally prove that they meet the definition of the first two types of “Athletes” (i.e. Internationally Recognized Individual Athletes or Athletic Teams or Professional Athletes). P-1A visas may generally be approved for up to five (5) years for individual athletes, and for the time needed to complete the athletic event (such as a season) or up to one (1) year for teams.[5]

What Constitutes an Internationally Recognized Individual Athlete or Athletic Team?

 “Internationally Recognized” is a term of art used by the government, and “means having a high level of achievement in a field evidenced by a degree of skill and recognition substantially above that ordinarily encountered, to the extent that such achievement is renowned, leading, or well-known in more than one country.”[6] For a team petition, this requires showing that the team as a unit is globally renown, while an individual petition would require proving that the individual themselves are prominent based on their own reputation.[7]

In order to prove the team’s or individual’s global reputation as being “internationally recognized,” the petitioning entity must provide evidentiary proof of at least two (2) of the following seven (7) criteria:

• Significant participation in a prior season with a major U.S. sports league;
• Participation in international competition with a national team;
• Significant participation in a prior season for a U.S. college or university in intercollegiate competition;
• A written statement from an official of the governing body of the sport detailing the person’s or team’s international recognition;
• A written statement from a recognized expert or member of the sports media detailing the person’s or team’s international recognition;
• The person or team is ranked if the sport has international rankings; or
• The person or team has received a significant honor or award in the sport.[8]

Most of the time, for esports athletes or teams, this means proving major tournament wins, high rankings, endorsements from recognized experts, press in major sports media, and/or letters from the governing bodies of the various leagues.[9]

Additionally, the applicant must provide the government with a tendered contract with a major U.S. sports league or team, or a tendered contract in an individual sport commensurate with international recognition in that sport.[10] This, in turn, requires proving that the league that the individual or team is seeking to compete in has a distinguished reputation that generally requires the services of at least some internationally recognized caliber athletes.[11] To determine whether the league is “distinguished” to the point where the competition is at an internationally recognized level of performance, the government considers evidence related to the following:

• The level of viewership, attendance, revenue, and major media coverage of the events;
• The extent of past participation by internationally recognized athletes or teams;
• The international ranking of athletes competing; or
• Documented merits requirements for participants.[12]

In sum, the individual athlete or team seeking a P-1A visa must prove that they are internationally recognized by providing evidence that meets two (2) out of the seven (7) listed criteria, while simultaneously proving that the league they are competing in is distinguished and includes internationally recognized competition.

What Constitutes a Professional Athlete?

If the individual or team is unable to meet the standards required for being “internationally recognized,” then they can attempt to apply for a P-1A visa as a “Professional Athlete.” “Professional Athlete” is defined in section 204(i)(2) of the INA as “an individual who is employed as an athlete by a team that is a member of an association of 6 or more professional sports teams whose total combined revenues exceed $10,000,000 per year, if the association governs the conduct of its members and regulates the contests and exhibitions in which its member teams regularly engage; or any minor league team that is affiliated with such an association.”[13]

In simpler terms, if an esports athlete is on a team that competes in a league with at least six (6) teams, who collectively earn over $10,000,000 per year, and the teams are governed by the relevant association, then they will be considered eligible for a P-1A visa as “Professional Athletes.”[14]

What About Essential Support Personnel?

Essential Support Personnel, such as coaches, trainer, managers, or team operators may be eligible to apply for what is known as the “P-1S Visa.” To be considered “essential” in this context, the applicant must prove to the government that they are an integral part of the principal P-1A athlete’s performance.[15] To prove they are “integral,” they must show that their support services cannot be readily performed by a U.S. worker.[16] Proving essentiality is often done through providing evidence of previous work together, unique skills or abilities, and specific qualifications. P-1S visas may be authorized for the time needed to complete the athletic event (such as a season) or up to one (1) year.[17]

*Obtaining an P visa is difficult and requires both legal acumen and creativity. As such, it is best to seek the advice of an experienced immigration lawyer to go over your options for a visa.

[1] See generally The Immigration Act of 1990, Pub. L. 101-649 (November 29, 1990); see also INA § 101(a)(15)(P); 8 U.S.C. § 1101(a)(15)(P).

[2] Id.; see also 9 FAM 402.14-5; USCIS Policy Manual, Vol. 2 Pt. N Ch. 2 (last updated Aug. 27, 2024).

[3] Cf. INA § 101(a)(15)(P)(i)(a) with INA § 214(c)(4)(A) and Creating Opportunities for Minor League Professionals, Entertainers, and Teams through Legal Entry (COMPETE) Act of 2006, Pub. L. 109-463 (December 22, 2006).

[4] INA § 214(c)(4)(A); 8 U.S.C. § 1184(c)(4)(A).

[5] 8 C.F.R. § 214.2(p)(8)(iii)(A).

[6] See 8 C.F.R. § 214.2(p)(3).

[7] See 8 C.F.R. § 214.2(p)(4)(i).

[8] See 8 C.F.R. § 214.2(p)(4)(ii)(B)(2). For a discussion as to what constitutes a “major U.S. sport league,” see USCIS Policy Manual, Vol. 2 Pt. N Ch. 4 (last updated Aug. 27, 2024);USCIS Policy Alert “Additional Guidance Relating to P-1A Internationally Recognized Athletes” (PA-2021-04, Mar. 26, 2021); In Re: 2532755, (Administrative Appeals Office [AAO] Apr. 3, 2023).

[9] See Josh Wildes, “Esports and Immigration Law” (Wildes Law, 2024), https://www.wildeslaw.com/immigration-resources/latest-immigration-news/esports-and-immigration-law-in-the-united-states/, accessed September 18, 2024.

[10] See 8 C.F.R. § 214.2(p)(4)(ii)(B)(1).

[11] Id.; USCIS Policy Manual, Vol. 2 Pt. N Ch. 2 (last updated Aug. 27, 2024); see also INA §§ 214(c)(4)(A)(i)(I), (ii)(I); 8 C.F.R. §§ 214.2(p)(4)(i), (ii)(A).

[12]  Id.

[13]  INA § 204(i)(2); 8 U.S.C. § 1154(i)(2).

[14] Id.; see generally COMPETE Act of 2006; In Re: Vermont Service Center (AAO Sept. 28, 2010); USCIS O & P Webinar (Aug. 3, 2022); USCIS Interoffice Memorandum (HQ 70/6.2.19, Dec. 28, 2006).

[15] See 9 FAM § 402.14-4; USCIS, P-1A Athlete, https://www.uscis.gov/working-in-the-united-states/temporary-workers/p-1a-athlete (last updated March 26, 2021).

[16] 8 C.F.R. §  214.2(p)(4)(iv); see USCIS Policy Manual, Vol. 2 Pt. N Ch 2 (last updated Aug. 27, 2024).

[17] 8 C.F.R. § 214.2(p)(8)(iii)(E).