In today’s global sports ecosystem, elite athletes regularly traverse international borders to compete, sign contracts, and secure sponsorships.
The United States, home to some of the most prestigious professional leagues and competitions in the world, remains a top destination for athletes across sports disciplines.
However, the process of legally entering and working in the U.S. as a professional or amateur athlete is neither simple nor uniform.
Immigration law adds a distinct layer of complexity to an already competitive industry, and without the proper guidance, many athletes find themselves facing visa denials, employment disruptions, or worse, deportation.
Case Examples of Visa Disruptions in Pro Sports
Recent cases have cast light on just how precarious the immigration journey can be.
Canadian NFL cornerback Tevaughn Campbell had to pause his professional career multiple times because of visa issues, despite signing contracts with major teams like the New York Jets, Los Angeles Chargers, and Jacksonville Jaguars.
He eventually secured a P-1A visa, which allowed him to stabilize his employment in the U.S., thanks to innovative legal strategies that shifted the visa sponsorship away from teams and instead tied it to his agent, enhancing his portability across franchises.
Similarly, Russian mixed martial artist Viktoriia Dudakova faced denial from U.S. Citizenship and Immigration Services (USCIS) when seeking entry to compete in the UFC.
The denial was not based on her qualifications as an athlete, but rather due to technicalities regarding sponsorship and proof of an upcoming competition.
Only after her legal team reframed the petition, naming a qualified U.S.-based agent rather than an unrecognized league as her petitioner, was her case reopened and her visa approved.
Both of these cases reflect a broader truth: athletes, regardless of their fame or skill, are subject to a regulatory system that often lags behind the fluid and transnational nature of modern sports.
Immigration law, with all its statutes, forms, and precedents, demands a deep understanding not just of policy but also of how to interpret and apply that policy in fast-moving, high-stakes environments.
The P-1A Visa: Work Authorization for Internationally Recognized Athletes
The P-1A visa is the primary nonimmigrant visa used by athletes who are part of a team or league recognized internationally for a high level of performance.
Codified under the Immigration and Nationality Act (INA) § 101(a)(15)(P), the P-1A allows athletes to come to the U.S. temporarily to participate in a specific competition, season, or event.
According to USCIS policy guidance and the Foreign Affairs Manual (FAM), applicants must demonstrate international recognition, typically evidenced by participation in a major U.S. or foreign league, international rankings, national team membership, or similar distinctions.
It is crucial to include a detailed itinerary and contracts outlining the athlete’s engagements. The petition is submitted via Form I-129, along with supporting documentation and the required P Supplement.
A key legal strategy, exemplified in the Campbell case, involves using a U.S. agent as the petitioner. This is particularly effective when the athlete may be working for multiple employers, such as switching teams, or if their sport does not involve long-term contracts with a single entity.
Under 8 C.F.R. § 214.2(p)(2)(iv)(E), a U.S. agent may file a petition as the actual employer, representative of both the employer and the athlete, or solely on behalf of the athlete.
This flexibility can provide the athlete with a greater degree of stability and job mobility, especially in leagues like the NFL, where team rosters change frequently due to injuries or trades.
The O-1A Visa: Extraordinary Ability in Individual Competition
For athletes who are not part of a team but compete individually and have achieved significant recognition, the O-1 visa offers another pathway.
The O-1A visa, specifically for individuals with extraordinary ability in sciences, education, business, or athletics, is governed under INA § 101(a)(15)(O).
To qualify, the athlete must demonstrate a level of expertise indicating they are among the small percentage who have risen to the very top of their field.
This is typically evidenced by a major internationally recognized award or at least three types of documentation, such as national awards, media coverage, a high salary in relation to others in the field, or membership in associations that require outstanding achievement.
Viktoriia Dudakova’s case highlighted a common challenge with the O-1: even when the athlete has the qualifications, procedural missteps like naming an improper petitioner can doom the application.
The successful strategy in her case involved utilizing 8 C.F.R. § 214.2(o)(2)(iv)(E), which, like the P visa regulation, allows U.S. agents to serve as petitioners for O-1 beneficiaries.
The inclusion of contracts, competition schedules, and letters from recognized sports authorities strengthened her case and ultimately secured her entry.
Some foreign athletes enter the U.S. without an existing contract but intend to participate in training programs, endorsement activities, or talent showcases. In these scenarios, the O-1 visa can be an advantageous alternative to the P-1A.
Unlike the P-1A, which generally requires a contract with a team or league, the O-1 allows for greater flexibility. Athletes may use this visa to attend NBA draft preparation camps, engage in promotional media events, or conduct basketball-related activity not directly tied to a team contract.
The evidentiary burden is higher, requiring demonstration of extraordinary ability, but the flexibility in work authorization often outweighs this challenge for elite talent.
Cross-Border Transfers: How U.S.-Canada Sports Structures Impact Immigration Status
Now let’s consider the broader implications for sports leagues with teams in both the United States and Canada.
The NHL, MLB, and NBA each feature franchises on both sides of the border, such as the Toronto Maple Leafs, Toronto Blue Jays, and Toronto Raptors. Players on these teams frequently cross between countries for games, trades, or playoffs.
While Canadian citizens are visa-exempt for many U.S. entries, work authorization still must be secured.
When a player is traded from the Toronto Raptors to a U.S. team like the Miami Heat, that player’s existing U.S. work status may no longer be valid, and a new petition must often be filed.
This creates tight deadlines and legal risks, particularly if the athlete needs to begin practicing or competing immediately.
It is critical to note that when a professional athlete is traded between U.S. teams, the original P-1A employment authorization remains valid for only 30 days after the trade.
Within that period, the acquiring team must file a new Form I-129 petition to maintain the athlete’s lawful status and employment eligibility.
Failure to refile within this window can jeopardize both the athlete’s work authorization and the team’s ability to field them in competition.
International Student-Athletes: The NCAA Pipeline and the F-1 Visa
Before many international athletes reach the professional ranks, they often begin their U.S. journey through collegiate athletics. The National Collegiate Athletic Association (NCAA) has increasingly recruited top-tier global talent, particularly in basketball and soccer.
Cameroonian-born NBA MVP Joel Embiid is one of the most notable examples, having first arrived in the United States to attend Montverde Academy in Florida and later enrolling at the University of Kansas, where he played college basketball before being drafted by the Philadelphia 76ers.
Embiid’s entry into the U.S. was likely under an F-1 student visa, a common route for international high school and collegiate athletes.
His transition from a prep school student to an NCAA basketball star and eventually to a top NBA draft pick illustrates the structured immigration progression from student status to professional employment, each stage requiring distinct legal compliance.
Upon declaring for the NBA draft and being selected third overall in 2014, Embiid would have needed to change his immigration status, as the F-1 visa does not authorize professional employment or paid endorsements.
The most likely visa used at this stage was the P-1A visa, the standard classification for athletes who are internationally recognized and entering the U.S. to perform at a professional level.
The Philadelphia 76ers would have acted as his petitioner by filing Form I-129 with USCIS, demonstrating his contract terms, participation in a major U.S. sports league, and his eligibility under the statutory definition of international recognition outlined in INA § 101(a)(15)(P).
This transition underscores a common but critical phase for international athletes: converting from a student-based visa to a performance-based employment visa. If not handled promptly and correctly, the athlete could fall out of status or be delayed in joining team activities.
Embiid’s successful transition from F-1 to P-1A status allowed him to sign his rookie contract, participate in league events, and begin earning income, all while remaining in lawful nonimmigrant status.
Most student-athletes in these scenarios enter on F-1 visas, which are nonimmigrant visas granted to individuals pursuing academic studies in the U.S. at accredited institutions.
The F-1 visa permits part-time on-campus employment, but it does not authorize professional athletic activity or paid endorsements.
Therefore, once a student-athlete seeks to monetize their athletic ability through endorsements, professional competition, or agency representation, they must transition to another visa type, typically the P-1A or O-1A, depending on their accolades and contracts.
Occasionally, athletes may enter on J-1 visas, which are used for exchange visitors, including those participating in athletic training or coaching programs, though the J-1 is rarely suitable for NCAA competitors.
Furthermore, the rise of Name, Image, and Likeness (NIL) compensation has raised complex legal issues for international athletes, as many forms of NIL income may be considered unauthorized employment under the F-1 visa framework.
While USCIS has not issued broad policy guidance on NIL activity, athletes and their universities must tread carefully to avoid triggering status violations.
In contrast to Embiid’s progression through U.S. prep school and college, many elite international athletes bypass the NCAA entirely.
Giannis Antetokounmpo’s journey to the NBA began in Greece’s second-tier league, culminating in his 2013 draft by the Milwaukee Bucks.
Similarly, Nikola Jokić played for Mega Basket in the Serbian Adriatic League before being drafted by the Denver Nuggets in 2014, and Luka Dončić was a star for Real Madrid in Spain’s Liga ACB and the EuroLeague before joining the NBA through the 2018 draft.
Each of these players would have required P-1A visas upon entry into the U.S. as professional athletes employed by NBA franchises. The P-1A classification applies to foreign athletes with contracts to play for teams in internationally recognized U.S. leagues.
These athletes must submit Form I-129 through their sponsoring team, supported by contractual evidence and documentation of international recognition under INA § 101(a)(15)(P).
For stars like Dončić and Jokić, the transition is expedited due to their substantial international accolades, such as MVP awards, championship titles, and media visibility.
Their cases also illustrate that not all foreign athletes enter via collegiate athletics or NCAA pipelines. Many global players, particularly from Europe, begin their careers in professional leagues as teenagers and sign U.S. contracts while still minors or just after turning 18.
NBA teams must carefully coordinate with legal counsel to ensure timely P-1A filings, considering work start dates, preseason training, and league calendar requirements.
The NIL Dilemma for International Student-Athletes
A growing challenge in the immigration landscape involves international NCAA athletes seeking to participate in the burgeoning Name, Image, and Likeness (NIL) economy.
As of now, more than 20,000 international student-athletes on F-1 visas face legal barriers preventing them from signing NIL deals.
The F-1 visa prohibits off-campus employment unless it is directly tied to curricular practical training or authorized post-completion employment, and NIL activities—whether through sponsorships, social media promotions, or endorsements—do not fit neatly within these parameters.
This has created a significant equity gap between American-born athletes and their international teammates.
While their peers ink six-figure NIL deals with major brands, foreign athletes risk falling out of status if they engage in similar activities.
In response to this, attorneys and advocates have been exploring creative legal pathways using existing visa categories that allow income-generating activity tied to athletic skill.
One such approach is transitioning qualified student-athletes to either a P-1A or an O-1A visa. The P-1A visa, while traditionally used for team athletes in recognized leagues, may be a viable option for transfers or athletes who previously competed internationally.
College football, in particular, with its massive audience and structured competitive schedule, could support the kind of itinerary that USCIS requires for P-1A eligibility.
Alternatively, the O-1A visa, designed for individuals of extraordinary ability, offers broader flexibility.
This visa may be ideal for athletes in individual sports (such as tennis, golf, or track) who have demonstrated elite skill, won national or international awards, or gained significant public recognition.
In one such precedent-setting case, Hansel Emmanuel, a Division I basketball player known for playing with one arm, obtained an O-1 visa and has since signed endorsement deals and participated in high-profile advertising campaigns, including a Gatorade commercial.
The strategy of switching to a visa that allows employment, rather than waiting for reform of the F-1 regime, could create a legal model for other student-athletes to follow.
However, such transitions require institutional cooperation. Schools must be willing to sponsor or at least support these alternative visa types, and in many cases, coordination with compliance offices and athletic departments is critical.
Legal advocacy in this space may soon test the boundaries of USCIS policy. Should petitions for O-1 or P-1 classification be denied, litigation could provide clarity on whether current immigration law accommodates NIL activity for student-athletes.
Until then, athletes and their legal teams must navigate these challenges proactively, combining immigration law with sports law and NCAA compliance strategy.
Olympic Athletes and Visa Pathways to the United States
Olympic and world-class athletes represent a distinct immigration category due to the global significance of their training and competition schedules.
These athletes often require access to top-tier U.S. facilities, coaching staff, and international showcases in preparation for the Olympic Games or qualifying events.
The most common visa options for these athletes are the P-1A and O-1 classifications. The P-1A is appropriate for athletes who are internationally recognized and have scheduled competitions in the United States.
Olympic hopefuls who have national team credentials or are participating in prestigious global events may meet the international recognition requirement as defined under 8 CFR § 214.2(p)(4)(ii)(B).
Participation in the Olympics, World Championships, or other international competitions is often sufficient to establish this status.
However, athletes whose primary purpose in the U.S. is to train rather than compete may not meet the P-1A requirement unless the training can be framed as an exhibition or part of a competitive itinerary.
In such cases, the O-1A visa can be a more flexible alternative, particularly if the athlete has extraordinary ability as demonstrated by international awards, media coverage, or national rankings.
O-1 visas also cover a broader array of activities, including endorsements, media engagements, and training programs that do not necessarily culminate in U.S.-based competition.
In addition, the O-2 and P-1S visa categories provide options for essential support staff such as coaches, physical therapists, nutritionists, and managers, who are critical to the athlete’s performance.
These visas require separate petitions but can be processed concurrently with the principal athlete’s application to ensure smooth coordination.
Visa planning for Olympic athletes must also consider a long-term strategy. For example, world champions or national team athletes may become strong candidates for EB-1A immigrant visas due to their sustained acclaim and impact in the field.
This path can lead to permanent residence and, eventually, citizenship, if the athlete wishes to train, compete, or coach in the U.S. long-term.
Permanent Residency Options: EB-1A and EB-2 NIW for Elite Athletes
For athletes seeking to remain in the U.S. long-term, immigrant visa categories provide potential paths to a green card. The most direct route for elite athletes is the EB-1A classification for individuals of extraordinary ability.
This category does not require a permanent job offer, employer sponsorship, or labor certification, making it ideal for athletes who want control over their petition. However, the evidentiary burden is significant.
Applicants must prove extraordinary ability through sustained national or international acclaim and provide extensive documentation, including major awards, high remuneration, published material about the athlete, and judging others in the field.
The Administrative Appeals Office (AAO) has issued numerous decisions clarifying the standards for EB-1A.
In Matter of K-S-Y-, a professional tennis player was found to meet the criteria based on international rankings, prize winnings, media coverage, and participation in elite competitions, reinforcing that athletes who perform at the top of their sport and receive broad recognition are viable EB-1A candidates.
The EB-2 National Interest Waiver (NIW) is another potential path, though it is more commonly used in fields like science and technology.
Athletes have succeeded under NIW in limited cases where their performance had broad national implications, such as representing the U.S. in Olympic trials or contributing to athletic development in underserved communities.
The NIW does not require a permanent job offer or labor certification, but applicants must demonstrate that their work has substantial merit and national importance and that they are well-positioned to advance the proposed endeavor.
To initiate these immigrant petitions, the athlete or their legal team must file Form I-140 with supporting documentation.
If the athlete is already in the United States on a valid nonimmigrant visa like the O-1, they may concurrently file Form I-485 for adjustment of status, if their priority date is current under the Visa Bulletin.
From Green Card to Citizenship: Naturalization Considerations for Athletes
For athletes who have successfully adjusted to lawful permanent resident (LPR) status, U.S. citizenship becomes the next milestone.
Naturalization, governed by INA § 316, generally requires five years of permanent residence, continuous physical presence in the U.S. for at least 30 months during that period, and good moral character.
For those married to U.S. citizens, the residency period is shortened to three years under INA § 319.
Athletes face unique challenges when applying for naturalization, particularly with regard to the physical presence requirement. Many professional athletes, such as those competing in the NBA or NHL, have travel-heavy schedules that may include long stints abroad.
While brief international trips are permitted, absences over six months can disrupt the continuity of residence unless the athlete files Form N-470 to preserve it.
This form must be filed in advance, and the applicant must meet strict criteria, such as working for an American firm abroad or engaging in religious or governmental service. Unfortunately, sports-related travel generally does not qualify.
Despite these limitations, many athletes have successfully naturalized after retiring from international play or transitioning into domestic roles, such as coaching.
Naturalization can also open up new opportunities, including endorsement deals not available to foreign nationals, eligibility for certain public service roles, and freedom from the travel and employment restrictions of a green card.
For athletes who achieve high visibility, public interest in their citizenship can add pressure or political scrutiny. Nevertheless, a well-managed immigration strategy from the start of their U.S. journey can lay a clear path toward eventual citizenship.
Compliance, Risk, and the Importance of Strategic Planning
Whether transitioning from NCAA competition to the NBA, moving between NHL teams in Montreal and New York, or switching from an O-1 to a green card, athletes must plan each step of their immigration journey meticulously.
A common mistake is assuming that prior visa approvals guarantee future status stability. In reality, visa classification changes, employment disruptions, or even a poorly worded contract can trigger Requests for Evidence (RFEs), Notices of Intent to Deny (NOIDs), or outright denials.
Moreover, many international athletes fail to maintain proper documentation and timelines, especially during transitions. This is particularly problematic in the NFL and MLB, where trades, injuries, and performance-based releases are routine.
An athlete who is released from a team that served as their visa sponsor may immediately fall out of status, depending on the visa type.
Under the P-1A category, athletes may have a 30-day grace period to depart or seek a change of status, but without proactive legal planning, they may lose their ability to lawfully remain or re-enter the U.S. for future engagements.
For athletes who are abroad at the time of visa approval, the consular process must be executed with precision. Selection of the U.S. consulate is not trivial, especially for third-country nationals or those from countries with limited diplomatic presence.
The availability of interview waivers, processing wait times, and consular backlogs can vary widely by location. Teams and legal advisors must factor this into strategic planning when onboarding new international athletes.
VisaMadeEZ: Your Dedicated Partner for Athletic Immigration Solutions
VisaMadeEZ is a minority-owned, tech-enabled immigration law firm uniquely positioned to support international athletes in navigating U.S. immigration law.
Led by an experienced team of immigration attorneys, this firm leverages artificial intelligence, scalable systems, and years of legal expertise to offer customized solutions for athletic professionals at all levels.
Whether you're a UFC fighter preparing for your first U.S. bout, a Canadian hockey player being traded to an American franchise, or an international student-athlete weighing NIL deals, we provide the legal clarity and strategy you need to move forward with confidence.
Support personnel such as coaches, athletic trainers, agents, and even sparring partners may also be eligible for derivative visa categories.
Under the P-1S or O-2 classifications, teams can sponsor essential individuals whose presence is integral to the athlete’s performance.
These applications require separate filings, but they can be coordinated to ensure synchronized travel and employment authorization.
Our firm understands the nuances of athlete immigration better than most because we treat each case as a strategic opportunity, not just a procedural filing.
We assist with P-1 and O-1 visa petitions, EB-1A green card strategies, J-1 and F-1 compliance for NCAA athletes, and urgent responses to USCIS denials or RFEs.
Our legal team operates with speed, efficiency, and precision, ensuring that the athlete’s focus remains on performance while we handle the complexities of immigration law.
To learn how VisaMadeEZ can assist with your athletic immigration journey or to schedule a consultation with our legal team, please visit VisaMadeEZ.com and contact us directly. Let us help you stay in the game.
