As the Paris 2024 Olympics approach, athletes around the globe are not just preparing to compete at the top of their sports but are also positioned at the threshold of life-altering opportunities. For swimmers who have spent countless hours perfecting their strokes and chasing the dream of Olympic glory, the potential rewards extend beyond medals and national pride. Success in Paris could also pave a streamlined path to a U.S. green card through the EB1 visa category, specifically designed for individuals of extraordinary ability.
Olympic Success Marks a Pathway to the EB1A Visa
The EB1A is an immigrant visa category reserved for individuals who are considered to have risen to the very top of their field of endeavor. Winning a medal at the Olympics is a clear, undeniable statutory basis for the EB1A expressly recognized by the U.S. Citizenship and Immigration Services (USCIS) as a one-time achievement for a major internationally recognized award. Swimmers who achieve Olympic success are eligible to apply for the EB1A visa; however, it’s important to note that each case is unique, and obtaining an approved EB1A visa is just one step toward securing a green card. Seeking professional legal advice is crucial for navigating the entire immigration process.
EB1A Visa Eligibility Beyond a Medal
While winning a medal is the most straightforward path, other criteria-based evidence can attempt to establish EB1A eligibility. Swimmers must meet at least three out of ten criteria to have their application considered; the criteria include lesser but significant awards, leadership roles, membership in associations, substantial contributions to the sport, and recognition from peers and media. Documenting and presenting these achievements in a manner that highlights a swimmer’s continued impact on the sport requires a strategic approach as the criteria are not only subject to evaluation by USCIS, but also necessitate a favorable exercise of discretion.
Other Visa Options (P, O, and P1S)
Beyond the EB1A, there are a myriad of other visa options available to swimmers contemplating retirement after their competitive careers. These include temporary nonimmigrant visa categories such as the P visa for professional athletes, the O visas for individuals with extraordinary ability or achievement, and the P1S visa for essential support personnel. Each of these visas offers different paths and requirements, providing flexibility for athletes contemplating a move to the U.S. or considering a career transition into coaching, sports management, or other fields.
Life Beyond the Pool
To all the swimmers who will soon dive into the Paris waters, remember: your strokes can propel you not just to a spot on the podium, but towards a new life in the U.S. As you aim for gold, know that another invaluable prize—a U.S. green card—might also be within your reach. After all, success in Paris is not solely measured by medals but by the doors they open.
About BRATTER PA
BRATTER PA is a full-service immigration law firm assisting clients from around the world in their corporate and individual immigration matters. The firm prides itself on providing effective, efficient reliable legal solutions in all areas of U.S. immigration matters, developing nuanced client-specific strategies. Utilizing the latest technology, and with its highly developed network of international offices, consultants and collaborators, BRATTER PA applies its expertise and resources in assisting clients through the labyrinthine immigration system. The firm is equipped to handle any and every type of immigration situation. For more information, go to www.bratterpa.com.
BRATTER PA Athletic Division
Joshua P. Bratter, Esquire
Allie Virginski, Esquire
Billy Vaisberg, MBA
Courtesy of BRATTER PA, a SwimSwam partner since 2014
