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Sports Immigration Law CLEGetting in the Game
April 27, 2011
Jill K. Soubel, Esq.The Rudnick Spector FirmPhiladelphia, PA 2011 Jill K. Soubel
The Rudnick Spector Firm PCJill K. Soubel, Esq.Sr. Associate1608 Walnut St., Ste. 1700Philadelphia, PA 19103T: (215) 690 5090E: [email protected]://www.rudnickspector.com 2011 Jill K. Soubel
Table of ContentsIntroduction
TerminologyNon-Immigrant v. ImmigrantVisa v. Stay v. StatusVisa Types
Nonimmigrant ProcessFiling in the U.S.Visa Application at a U.S. ConsulateEntering the U.S.Extending Status & Stay in the U.S.
2011 Jill K. Soubel
Table of Contents ContVisa Waiver Program (VWP)
B-1 Visa
P-1 Visa
O-1 Visa
Immigrant Visas
Hypotheticals
2011 Jill K. Soubel
IntroductionThe Law Immigration & Nationality Act
8 CFR Regulations
Title 9 Foreign Affairs Manual
The PlayersDepartment of Homeland Security (DHS)USCIS: US Citizenship & Immigration ServicesCBP: Customs & Border ProtectionICE: Immigration & Customs Enforcement
Department of State (DOS)U.S. Embassy/Consulates 2011 Jill K. Soubel
Key Terminology: Nonimmigrant v. ImmigrantNonimmigrant: a foreign national (FN) who legally enters the U.S. for a limited amount of time without the intent to reside permanently in the U.S. Permissible Activities: Travel, work, study
Limited duration of stay
Dual Intent: Certain nonimmigrants are allowed to intend to reside permanently in the U.S. (H-1B, L-1) 2011 Jill K. Soubel
Key Terminology:Nonimmigrant v. ImmigrantImmigrant: a FN who legally enters the U.S. with the intention of permanent residing in the U.S.Basis for immigrant statusFamilyWork
Preference system with limited number of immigrant visas available each year
Backlogs based on preference and nationality of the intending immigrant
2011 Jill K. Soubel
Key Terminology:Visa v. Stay v. Status VisaA visa is a stamp that is affixed by a U.S. Consulate to a FNs passport
A visa allows a FN to present him/herself for admission to the U.S. at the border
The border can be: Land, Sea, or Air
Visa can be nonimmigrant or immigrant 2011 Jill K. Soubel
Sample Visa
2011 Jill K. Soubel
Key Terminology:Visa v. Stay v. StatusStayAmount of time FN is admitted to U.S., as determined by DOS and/or USCIS
At U.S. border, FN will receive I-94 card with red entry stamp, indicating length of permitted stay.
If extending stay in U.S., FN will receive a new I-94 card at bottom of approval notice.
2011 Jill K. Soubel
Sample I-94 Card
2011 Jill K. Soubel
Key Terminology:Visa v. Stay v. StatusStatusAuthority by which FN is in the U.S.
Nonimmigrants: H-1B status
Immigrants: Legal Permanent Resident (LPR) status
Is evidenced by relevant approval document (USCIS notice, I-94 card, LPR card) 2011 Jill K. Soubel
Sample USCIS Approval Notice
2011 Jill K. Soubel
Key Terminology:Nonimmigrant TypesVisa Waiver Program (VWP)Certain FNs require no visa to enter U.S. 36 countries participateRestrictions:Admitted to U.S. for 90 days or lessLeisure travelCertain business travel (meetings, attend training/conference)
Nonimmigrant MVPs:B: Leisure or limited business travelE: Treaty Trader/Investors/Specialty OccupationF: Student VisasJ: Cultural Exchange/Au Pair/Summer Work Travel/TraineeH: Professional workersL: Intracompany transfereesO: Extraordinary Ability FNsP: Athletes, Artists, Entertainment Groups
2011 Jill K. Soubel
Andorra, Hungary, New Zealand, Australia, Iceland, Norway, Austria, Ireland, Portugal, Belgium, Italy, San Marino, Brunei, Japan, Singapore, Czech Republic, Latvia, Slovakia, Denmark, Liechtenstein, Slovenia, Estonia, Lithuania, South Korea, Finland, Luxembourg, Spain, France, Malta, Sweden, Germany, Monaco, Switzerland, Greece, the Netherlands, United Kingdom.
14
Nonimmigrant ProcessBegin in U.S.File with USCIS
Visa application to DOS at U.S. Consulate
Enter U.S. at border after CBP inspection
2011 Jill K. Soubel
File with USCIS:Collect all relevant documents/informationPrepare required petition/applicationFile with appropriate USCIS service centerUSCIS processes petition/applicationUSCIS may send Request for Evidence (RFE)USCIS mails final decision (approval/denial notice)
Visa Application:Schedule appointment at U.S. ConsulateFile appropriate form with ConsulateAttend appointment at Consulate and submit supporting documentationConsulate may request additional informationDOS issues visa in passport and mails passport to FN
Enter U.S. at BorderCBP reviews FN passport, visa stamp, and approval notice Admits FN to U.S. according to status/approval notice
15
Nonimmigrant ProcessBegin at ConsulateSmall class of nonimmigrants process solely at U.S. Consulate: B, E, Blanket L
CanadiansDo not require visas
Skip U.S. Consulate
Process at border
UNLESS: inadmissibility issues (i.e. criminal)
2011 Jill K. Soubel
Visiting Athletes:B VisaVisitors for Business (B-1) or Pleasure (B-2)
Most temporary of all visas/status
Visa (if required) only valid for up to one year
Will be admitted to U.S. for up to 6 months
Limited scope of permissible activities 2011 Jill K. Soubel
Visiting Athletes:B VisaProfessionals (B-1)Participating in tournament/event
May not received salary
May receive prize money
Athlete/team members may compete against another sports team IF:Principally based abroad;Income/salaries principally accrued abroad; and,Member of international sports league or event involved has international dimension. 2011 Jill K. Soubel
Visiting Athletes:B VisaAmateurs (B-2)Participating in athletic event/tournament
NOT member of professional association
No remuneration/prize money
Incidentals may be reimbursed 2011 Jill K. Soubel
Visiting Athletes:B VisaMust make appointment at U.S. ConsulateMust pay applicable fee at least $140 USDBurden of proof at U.S. Consulate:Event/tournament bona fide & certainInvitationIntended stay is temporarySufficient ties to home countrySufficient funds to support stay in U.S. & return to home countryRound-trip airfare or itinerary 2011 Jill K. Soubel
Visiting Athletes:B VisaCommon Consular IssuesI didnt realize I needed a visa and my event is tomorrow!
Im Mexican, but I live in Nigeria. Can I apply for my visa as a third-country national?
Im Moroccan, Cuban, Iranian, Egyptian, Turkish
Oh, I forgot to mention the drug arrest/manslaughter conviction/time served for petty theft 2011 Jill K. Soubel
The T-7 countries include Cuba, Iran, Iraq, Libya, North, Korea, Sudan and Syria.
26 countries are Afghanistan, Algeria, Bahrain, Djibouti, Egypt, Eritrea, Indonesia, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Malaysia, Morocco, Oman, Pakistan, Qatar, Saudi Arabia, Somalia, Sudan, Syria, Tunisia, Turkey, the United Arab Emirates, and Yemen21
Outstanding Athletes & Coaches:P VisaFor Athletes & Coaches (P-1)
Granted in 5 year increments, renewable indefinitely
Support personnel (P-1S) Coaches highly skilled
Dependent family members (P-4)
Requirements
Process begins in U.S.
2011 Jill K. Soubel
Requirements:
Sponsor: Agent or EmployerConsultation from trade group, expert, or unionEvidence of international recognition or team contractIf team, evidence of league membership or affiliationSupport lettersLetters of IntentEvidence of achievements (awards, prizes, DVD footage)
Process:Must first file petition with USCISOnce approved, FN must apply for visa stamp at U.S. ConsulateFN applies for admission on U.S. borderStatus and stay may be extended while FN remains in the U.S.
22
Outstanding Athletes & Coaches:P VisaFour Categories of Eligibility:Athlete performing at internationally recognized levelAthletes employed by teams in major professional association or minor league affiliatesAthletes or Coaches employed by team/franchise located in U.S., that is qualifying member of foreign amateur league or associationProfessional or amateur in theatrical ice skating production 2011 Jill K. Soubel
Outstanding Athletes & Coaches:P VisaAthlete or team performing at internationally recognized levelDegree of skill and recognition substantially above that ordinarily encountered
Renowned, leading, or well-known in more than one country
If team, 75% of athletes must have 1 yr. with team.
Must meet 2 of the following:Played significantly in prior season with major US sports league or U.S. college/university,Participated in international competition with national team,Letter from sport governing body detailing FN/teams internationally recognitionLetter from sports media or expertInternational rankingsSignificant honor or award in sport 2011 Jill K. Soubel
Outstanding Athletes & Coaches:P VisaAthletes employed by teams in major professional association or minor league affiliatesFor professionals in large commercial sports
Employed by a team that is member of association that:Consists of 6 or more professional teamsCombined revenues exceeding $10 Million/yearGoverns conduct of membersRegulates regular member-attended contests and exhibitions
2011 Jill K. Soubel
Outstanding Athletes & Coaches:P VisaAthletes or Coaches employed by amateur team/franchise located in U.S.Team must belong to foreign amateur league or association with 15 or more members
Compete at highest amateur level in relevant country
Athletes ineligible to earn scholarship or participate in sport at U.S. College/University under NCAA
Significant number must be drafted by major sports league or minor league affiliate
2011 Jill K. Soubel
Difficult to say who would qualify for this category. Sportsperson must:Need job offer from team in US that is affiliated with foreign network of sports competitionsSport must have sufficient exposure outside of U.S. to be in foreign league or association of 15 teamsSufficient exposure within/ U.S. to be an NCAA-regulated sportForeign league must be a source for drafting players into professional or amateur major sports league26
Extraordinary Ability Athletes:O VisaFor Athletes & Coaches (O-1)
Support personnel (O-2)
Dependent family members (O-3)
Renewable indefinitely
Requirements: one of the small percentage who have arisen to the top of the field
Process
2011 Jill K. Soubel
RequirementsSponsor: Agent or EmployerConsultation from trade group, expert, or unionEvidence that FN is one of the small percentage who have arisen to the top of the fieldSupport lettersLetters of IntentEvidence of achievements (awards, prizes, DVD footage)
Process:Must first file petition with USCISOnce approved, FN must apply for visa stamp at U.S. ConsulateFN applies for admission on U.S. borderStatus and stay may be extended while FN remains in the U.S.O-1 athlete may be traded
27
Extraordinary Ability Athletes:O VisaMust show at least 3 of the following to prove extraordinariness:Nationally/Internationally recognized prize/award for excellence
Membership in associations requiring excellence
Published material about athlete in major trade/media
Participation as a judge of others in the field
Current/prior employment in critical capacity or distinguished organization
Past or proffered comparatively high salary
Any comparable evidence 2011 Jill K. Soubel
A Word on ConsultationsRequired for primary beneficiary AND separately for support personnel
Provided by regulating body/union
If no regulating entity, no consultation required
Support personnel consultation must address why no U.S. worker qualified to perform role
Can take weeks to obtain
Associated fees 2011 Jill K. Soubel
Still Other Nonimmigrant OptionsE visa (treaty investors/traders):
L-1 (intracompany)
Q (cultural visitors) 2011 Jill K. Soubel
Legal Permanent Resident OptionsEB-1 Extraordinary Ability AlienNo sponsor required
One-time achievement (major, international award) OR 3 of the following Receipt of lesser national/international prize or awardMemberships in associations;Published material about FN in trade or mass mediaJudged others in field;Served in lead/critical role for distinguished organization; and,Commanded high salary.
EB-2/EB-3 PERM
2011 Jill K. Soubel
HypotheticalsPolly Payne is Australian. She attended the University of Texas, where she competed as a triathlete for the Long Horns. Polly will graduate in May. She will return to Sydney to start training for the Big Easy Tri in New Orleans, LA, which will take place in September, and the Turkey Trot Duathalon in Plymouth, MA, which will take place in November. She really wants to make it as a triathlete in the U.S., but knows that only her Aussie coach can take her there!
Jean-Luc Canard, a Canadian national, is an amateur hockey player in Toronto, Canada. The Flyers would like to bring him to play with the team for a try-out during the play-offs. What do the Flyers need to do to bring him over? 2011 Jill K. Soubel
HypotheticalsJessica Jumper, a Bulgarian national, is a professional stadium jumper and horse trainer. She competed in the Olympics on behalf of Bulgaria, coming in 37th place, and regularly travels within Europe to compete on her trusty stead, BPO Visa Challenge. She has won at some major shows, including at one Grand Prix and she belongs to the Hungarian and British Equestrian Federation. She has an offer of employment from the Bryn Mawr High Flyers stable to train and compete.
Coach Muddleworthshires UK national reserve champion cricket team has been invited to participate in a number of exhibition sporting matches in the U.S. The team is nothing without him, and he must accompany them to ensure their top performance. Secretly, Coach Muddleworthshire would like to open cricket franchises throughout the U.S., and would like the option to remain in the U.S. for as long as possible.
2011 Jill K. Soubel
Jill K. Soubel, Esq.Ms. Soubel is an Associate at The Rudnick Spector Firm, having served in this capacity with its predecessor firm beginning in 2007. Ms. Soubel was selected as a 2010 Top Young Attorney Rising Star by Pennsylvania Super Lawyers. Ms. Soubel counsels clients on U.S. and global immigration matters. She concentrates in all aspects of U.S. corporate immigration, including nonimmigrant visas and permanent residence for intracompany transferees, professionals, and extraordinary ability individuals. She also assists clients with global immigration needs by preparing outbound business-related visas. She advises on and crafts corporate strategies for clients to ensure U.S. immigration law compliance.
Prior to practicing exclusively in immigration law, Ms. Soubel gained several years of employment litigation experience representing employers and their insurance providers in Workers Compensation matters.
Throughout her career, Ms. Soubel has been actively involved with international affairs and the immigrant community. In 2003, she interned as a Law Clerk in Tokyo, Japan, at Sakura Kyodo Law Offices in the International Law Department, where she advised on matters of U.S. immigration, corporate, and antitrust law, and gained experience in Japans immigration system. She served as a member of the Temple International and Comparative Law Journal, while pursuing her legal studies at Temple University. Prior to practicing law, Ms. Soubel also served as an EFL Instructor.Education:James E. Beasley School of Law at Temple University, 2004, J.D. University of Michigan, Ann Arbor, 2000, BA with Honors.
2011 Jill K. Soubel
Stacey L. Spector, Esq.Stacey Leigh Spector, a Founding Partner of The Rudnick Spector Firm, is among the countrys leading immigration lawyers. She has been practicing immigration law for over 25 years, and is a founding partner of The Rudnick Spector Firm. Ms. Spectors practice encompasses a full spectrum of business immigration including multinational corporations, technology companies, academic and research institutions, and entertainers and artists. Ms. Spector has particular expertise in advising employers on the immigration implications of corporate changes, including mergers and acquisitions, downsizing, and reductions in work force. She has successfully developed I-9 Compliance Training Programs for HR personnel, and has managed I-9 and H-1B audits for her clients.
Prior to establishing the Rudnick Spector Firm, Ms. Spector served for ten years as Of Counsel to the predecessor firm of Steel, Rudnick & Ruben. Ms. Spector also served as Immigration Counsel to the former Rhne-Poulenc Group based in Collegeville, Pennsylvania, from 1992 to 2000. Ms. Spector was based in Paris, France, from 1990 to 1992, where she established an immigration practice and published The Immigration Chronicle. From 1987 to 1990, Ms. Spector headed the immigration practice at Pavia & Harcourt in New York, New York. She served as an Associate at Patterson, Belknap Webb & Tyler, also in New York City, from 1982 to 1984. Education: New York University School of Law, 1982, J.D. Brown University, 1979, Magna Cum Laude, Phi Beta Kappa
2011 Jill K. Soubel