ACC Sports and Entertainment Committee Immigration for Athletes Title and Goes Actors Here July 17, 2012

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1 ACC Sports and Entertainment Committee Immigration for Athletes Title and Goes Actors Here July 17, 2012 Presented By: Jocelyn Campanaro (Denver) (Denver) Jay Ruby (Atlanta)

2 U.S. Immigration and Professional Sports! Temporary Employment of Foreign Nationals in Professional Sports! Permanent Residency Status for Athletes! Legal Standards, Recent Trends and Practical Tips for Successful Filings

3 Temporary Work Authorization for Professional Athletes P-1 Status! Athlete, individually or part of a group/team, who is internationally recognized! Seeks to enter temporarily and solely for purpose of performing in a competition, event or performance " Duration of this could be an event, a season, or contract " Multiple year approvals permitted for individuals unless limited by other agreement

4 Temporary Work Authorization for Professional Athletes P-1 Status! P-1 status may be issued for up to 5 years at one time, extensions up to 10 years! P-1 individual athletes are not limited to 10-year limit, but they must leave and re-enter in new P period (includes support personnel) Extensions! If for same event or activity, just need a statement explaining need for extension no supporting documents or consultation required at least by law! Beneficiary must be in the U.S. at the time of the extension

5 Temporary Work Authorization for Professional Athletes Player Trades! If original P has been approved and athlete traded, employment authorization carries over to new team for 30 days, during which time a new I-129 must be filed! If new petition is filed within 30 days, employment authorization continues until approved Substitution of Players! Can substitute for previously approved P player! Submit letter at consular post/port of entry requesting substitution with copy of petitioner's approval notice and statement that approved player did not show! Only an option for players not for support personnel

6 Temporary Work Authorization for Professional Athletes Petition Filing Options! Must file Forms I-129 and P Supplement with USCIS! Need a no objection letter if labor organization exists! Can combine foreign nationals from different countries in same petition as long as all are processing in same manner (i.e., inside U.S. change of employer/status or outside U.S. for consular processing)! For consular processing/border entry, typically can use copy of P approval

7 Temporary Work Authorization for Support Personnel Essential Support Personnel! Person who is an integral part of the performance of P-1 because he/she performs support services which cannot be readily performed by a United States worker and which are essential to the successful performance of services! Must have appropriate qualifications to perform the services, critical knowledge of the specific services and experience in providing such support! Coaches, scouts, trainers, and other team officials! Must have P athlete to support for minor league teams, can piggy back on major team affiliate

8 Temporary Work Authorization Petition Filing Tips Timing of filing! USCIS currently processes in about 2-3 weeks! B1 / VWP can bring player in as a business visitor for tryouts " Once in U.S. and sign a contract, can file for a change of status to P-1 " If entered in visa waiver program, cannot change status, must return home and get visa before returning to U.S. and being eligible to play

9 Permanent Residency for Athletes (Green Cards) Employment Based First Preference Category (EB-1), must show:! Evidence of receipt of a major, internationally recognized award, such as a Nobel Prize, Academy Award or, in the sports world, an international championship OR! Evidence of at least three of ten listed criteria, including: " lesser nationally/internationally recognized prizes/awards for excellence " membership in associations which require outstanding achievements of members, as judged by recognized national/ international experts " published material in professional or major trade publications or major media about the alien and his/her work " participation as a judge of others in the field " performance in critical role for organization with distinguished reputation " commanding a high salary or other high remuneration

10 Permanent Residency for Athletes (Green Cards) Establishing Legal Standard! Must be the elite of the elite " show statistics, salaries, and on/off ice achievements rank higher than the others playing in a similar position " Government looks at factors such as (1) average playing time of player compared to typical NHL players; (2) statistics regarding starting or back-up status; (3) player s performance statistics (scoring, assists, time on ice) compared to others in the leagues; (4) evidence regarding average and top NHL salaries; and (5) selection as an All-Star player

11 Permanent Residency for Athletes (Green Cards) Tips / Timing! Player can self-petition! When establishing extraordinary ability, narrow field as much as possible (i.e., best backup goalie; best tough guy in league; journey man)! File before retirement " must be seeking entry to continue work in area of extraordinary ability (i.e. as extraordinary athlete)! If petitioning based on position as coach, must establish extraordinary ability as coach and not rely on playing years

12 U.S. Immigration and the Motion Picture/Television Industry! Temporary Employment of Foreign Nationals in the Motion Picture/TV Industry! Permanent Resident (Green Card) Options for Actors, Directors, Producers, Artists, and Essential Support Personnel! Legal Standards & Practical Tips

13 Temporary Work Visa Options for Actors, Directors & Producers O-1 Status! Actor, Artist, Director who has a very high level of accomplishment in the motion picture or television industry..! Evidenced by a degree of skill and recognition significantly above that normally encountered! is recognized as outstanding, notable or leading..in the field " Not required to prove individual is among the small percentage of those who have risen to the top of the field " VFX artists, graphic designers, sound technicians

14 Temporary Work Visa Options for Actors, Directors & Producers O-1 Status! O-1 status may be approved for a period of time to accomplish the activity-- for up to 3 years initially (assuming employer/agent can document duration of event/activity for 3 years)! Unlike the P-1 visa, no 10 year limit. However!! Spouses/Children: O-3 status Extensions! Extension periods are authorized in increments of up to 1 year to continue or complete the same event or activity!! Can request extension of 3 years if: O-1 petition is being filed by new employer or if extension is based upon a new event or activity

15 Temporary Work Visa Options for Actors, Directors & Producers Proving Extraordinary Ability! Nomination for or receipt of significant international awards (Academy, Emmy, Grammy, Director s Guild, BAFTA); or! At least 3 of the following: " Performance (including future) as a lead or starring participant in distinguished productions/events " National/International recognition for achievements (publications, critical reviews)

16 Temporary Work Visa Options for Actors, Directors & Producers Proving Extraordinary Ability " Past performance in a lead, starring or critical role " Major commercial or critically acclaimed successes (e.g. rating standards in field, box office receipts, film/tv ratings) " Significant recognition for achievements from organizations, critics, government agencies, and experts (in testimonials) " High salary or other remuneration (well above others in the field)! Peer Advisory Opinions & Union Consultations " Actors: Screen Actors Guild, American Federation of TV and Radio Artists " Directors of Cinematography, Technical Personnel: IATSE " Producers: Producer s Guild, AMPTP " Directors: Director s Guild of America

17 Temporary Work Visa (O-2) for Essential Support Personnel! O-2 regulations were specifically designed to accommodate essential support personnel in the arts and entertainment industries! O-2 must be coming to U.S. to assist in the performance of O-1 foreign national and must be an integral part of the actual performance and have critical skills and pre-existing experience with the O-1! Examples " O-1 director can bring any of his crew (including asst. directors) " Pre-production and post-production specialists

18 Temporary Work Visa Procedure for O-1 and O-2 Visas Petition Filing Procedure! Must file Form I-129 and O supplement! Peer Advisory Opinion and/or Labor Organization Consultation! Can file for multiple beneficiaries on same petition! Consular processing/visa appointment at U.S. Embassy/Consulate (unless Canadian)! Overall Processing Time! P visas for entertainment groups

19 Permanent Residency for Actors/ Directors/Producers! Employment-Based First Preference Category " More difficult following USCIS adherence to Matter of Kazarian " See criteria for Athletes on prior slide " Additional possible criteria that can be met:! Original artistic contributions of major significance! Display of the individual s work at exhibitions! Commercial successes (box office receipts, video sales)! Employment-Based 2 nd and 3 rd Preference Categories for O-2 Essential Support Personnel " Entails proving unavailability of minimally qualified U.S. workers

20 Immigration for Athletes and Actors Questions or Comments, please contact: Jocelyn Campanaro Ogletree, Deakins 1700 Lincoln Street, #4650 Denver, CO (Tel.) (fax) Jay Ruby Ogletree, Deakins 191 Peachtree Street, NE Suite 4800 Atlanta, GA (Tel.) (fax)