P-1A Visa for Professional Video Game Players
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Electronic sports, a.k.a. professional video gaming or eSports, exploded in popularity in the recent years. The most popular eSports are multiplayer video game competitions between professional players. The competitions cover fight games, first-person shooters, real time strategy or multiplayer online battle arena games, like League of Legends.
Until recently, the players from other countries did not have a clear visa option to come to the United States to train or to participate in competitions. Many players arrived on B-2 tourist visas or under visa waiver programs (“VWP”). However, utilizing a tourist visa or a VWP is not an appropriate avenue for eSports competitors because it does not allow visitors to earn money while competing. Tourist visas are designed for visiting temporarily for specific purposes, and if a B-1 visa holder engages in activities like earning money, they are in violation of immigration laws and can be denied a visa in the future.
Generally, the United States immigration laws provide a clear path for international athletes to come to the U.S. in order to compete in athletic competitions at the highest levels. They can qualify for a visa called P-1A which is issued only to internationally recognized athletes. Until recently such visas were only issued to athletes engaged in traditional sports like soccer, hockey, baseball, etc. Even though thousands of professional athletes come to the United States on P-1A visas, it was virtually impossible for electronic sports players to obtain them, since United States Citizenship and Immigrations Services (“USCIS”) did not recognize eSport payers as athletes. Luckily, recent developments in immigration decisions opened up a way for international eSports players to come to the U.S.
Specifically, things changed in 2013, when a League of Legends player from Canada got the first P-1A visa to train and compete in the League of Legends tournament in California. This paved the way to other internationally recognized eSport players to come to the United States for up to five years. This visa allows the players to train in the U.S., participate in competitions and get paid. The stay can be extended up to total of 10 years.
In order to qualify for P-1A visa a foreign player has to submit the following documentation along with a petition by a U.S.-based team which is going to employ and sponsor them:
- A written consultation from a eSport labor organization with expertise in the specific gaming field. This consultation should be an advisory opinion regarding the nature of the work to be done and the player's qualifications;
- A contract with a U.S. eSports league or team;
- An explanation of the event and itinerary;
- Documentation of at least two of the following:
o Evidence of having participated to a significant extent in a prior season with a major United States eSports league
o Evidence of having participated to a significant extent in international competition with a national team
o Evidence of having participated to a significant extent in a prior season for a U.S. college or university in intercollegiate competition
o A written statement from an official of a major U.S. eSports league or an official of the governing body of the eSport which details how the player is internationally recognized
o A written statement from a member of the eSports media or a recognized expert in the eSport which details how the player is internationally recognized
o Evidence of the player’s international ranking
o Evidence that the player has received a significant honor or award in the specific game.
Once the petition is approved, a player will have to apply for a visa at a U.S. consulate abroad. Right now, as of end of March, 2016, it takes USCIS only two weeks to process the application. If a player is in the United States on a different visa, they can apply for a change of status. A player can also change sponsors; they can also petition for an extension of stay. Since P-1 visa is a nonimmigrant intent visa, a player has to demonstrate that they have an intent to return return to their home country after the expiration of their P-1 status. Such intent can be shown through presenting evidence of property holdings in the home country, family ties, employment contracts, business, etc. Establishing non-immigrant intent is as important for receiving this visa as filing a proper petition and proving a player’s qualifications.
Such visas are very complex, and numerous players are still denied their visas because of improperly filed petitions and lack of evidence. It is important to consult with a U.S. immigration attorney prior to applying for a P-1A visa.