The broad definition of the requirement to be internationally recognized is that the athlete, team, or group must have a high level of achievement and skill in their field, which surpasses what the ordinary person could do. This must be proven by presenting evidence to prove recognition, which depends on the purpose of the visit and the number of applicants and is listed below.

Athletes, athletic teams, and coaches can apply for the P-1A visa if they visit the United States for a specific competition, season, or production. The competition must have a distinguished reputation and require international participation.

Suppose an individual applies for a P-1A visa to be employed as a professional athlete. In that case, the employer or employing team must be in a league, club, conference, or association with at least 6 competing entities with combined annual revenue of at least $10 million. The sport must have a governing entity that oversees competitors’ behaviors and applies rules or regulations on the sport.

Individuals or teams applying for a P-1A visa for a specific competition or event must submit a contract with their employing team or the governing entity of the sport. Additionally, they must submit at least 2 pieces of evidence from this list of acceptable proof:

• Proof of significant participation before entering the U.S. to compete
• Proof of participation in an international competition with a team
• Proof of previous participation in intercollegiate competitions in the U.S.
• Providing written statement from governing entity detailing recognition
• Providing a written statement from a sports journalist detailing recognition
• Proof of ranking in the relevant league, club, conference, or association
• Proof of earning relevant significant honor, award, medal, or trophy

Individuals applying for a P-1A visa for employment on a team for a season or a specified amount of time must submit evidence of all the following:

• Proof that the league, club, conference, or association in which the petitioner is competing has six or more teams
• Proof that the combined annual revenues of these teams are at least $10 million
• Proof the governing entity oversees competitors’ behaviors and applies rules or regulations on the sport

All P-1A visa applicants must also complete and submit Form I-129, the Petition for a Nonimmigrant Worker. Along with this form, the applicant or his or her employer, agent, or sponsor must also submit all the following:

• Written consultation from an appropriate labor organization, if one exists, which describes the activity for which the petitioner is visiting the United States and the qualifications
• Copies of contracts of employment or, if these do not exist, descriptions of employment entered into by oral agreement
• The written description of the activity for which the petitioner is visiting the United States, including dates or a specific time frame
• Copies of the itineraries or schedules for the activity or any events related to the activity in which the petitioner is participating

P-1A visas are specific to the applicants visiting the United States to compete. However, applicants’ families are eligible for P-4 nonimmigrant status. While this will not allow family members to gain employment, it will allow them to attend school or college. To apply for this status, family members must file Form I-539. Suppose more than one family member is applying. In that case, applying as co-applicants with the applicant’s P-1A in paper form is recommended to save money, as applying online requires a fee per application.

The process for obtaining a P-1A visa is complicated and can be lengthy, especially for first-timers. Johnson & Masumi has extensive legal experience in visa applications and can handle complications. Call (703) 506-1400 or contact Johnson & Masumi today to use their experience navigating the legal process and save your energy for competing.

To obtain the T visa, you must convince the United States Citizenship and Immigration Services (USCIS) that you were a victim of human trafficking. First, you must establish that you entered the United States as a direct result of trafficking activity. You will likely not qualify for the T visa if you suffered abuse after voluntarily entering the country. (Depending on the circumstances, you may still qualify for other types of immigration relief, including the U visa.)

Next, you must provide evidence that your situation meets the U.S.’s definition of human trafficking as defined by the 2000 United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons. USCIS will evaluate how and why you entered the country as well as the goals of the perpetrators. 

When evaluating whether someone is a victim of human trafficking for purposes of immigration, USCIS looks for the following elements:

• Process. Were you recruited, transported, harbored, or received by a third party who knowingly participated in a trafficking scheme?
• Ways and Means. Were you coerced, intimidated, deceived, abused, lied to, or threatened? 
• Goals. Were you transported to the U.S. to facilitate forced labor, sexual exploitation, prostitution, violence, or criminal abuse?

Adult applicants must demonstrate that all three elements apply to their case. Say an adult applicant would likely qualify if they were offered an opportunity to travel to the U.S. to do legitimate agricultural work. Once in the country, they must surrender their passports and work for minimal, unlawful pay. In this case, the person was recruited and deceived to facilitate forced labor, and they would likely qualify as victims of human trafficking. 

Minors need only approve that the “process” and “goals” categories apply. In another example scenario, a young child may be brought to the U.S. by their parents. Their parents then force the child to work unlawfully in a sweatshop. The child was intimidated into forced labor, so they are likely considered a victim of human trafficking. 

Finally, T visa applicants must cooperate reasonably with law enforcement officials investigating the trafficking operation. For example, a victim will be expected to answer questions, identify perpetrators, or testify in a trial. Our Annandale T visa attorney can assess whether you are likely to be considered eligible and help manage communications with USCIS and investigating officials.

Upon receiving a T visa, you will be permitted to live and work practically anywhere in the United States. Remember that you will likely be asked to continue assisting law enforcement officials as they conduct their investigation. You will need to cooperate if you hope to become a lawful permanent resident eventually.

T visas will initially be valid for up to four years. Law enforcement can ask for an extension if they still need your help with an ongoing investigation. 

As a T visa holder, you may be able to procure a green card if you:

• Have been continuously present in the United States for at least three years or the duration of the investigation or prosecution

• Have been a T visa holder for at least three years
• Have continued to cooperate with law enforcement’s investigation and prosecution efforts
• Have “good moral character.”
• Would suffer “extreme hardship” if removed from the country
• Are considered admissible to the U.S.

It is important to note that only 5,000 T visas can be granted yearly. Our Annandale T visa lawyers know how to navigate these processes and can work to obtain the relief you need efficiently.