Courtesy of Bratter PA, a SwimSwam partner since 2014.
For many years, elite athletes striving to earn an EB1-A (commonly referred to as the “extraordinary ability” green card) have faced challenges when it came to proving their achievements came from team-based events. Swimmers, in particular, often encountered roadblocks when their accolades involved relay races—an integral part of competitive swimming yet traditionally dismissed as “team achievements” by U.S. Citizenship and Immigration Services (USCIS). However, USCIS has recently issued new guidance that expands the recognition of medals and awards in team competitions, such as relays. This update acknowledges not only the contributions of athletes who compete in the final events but also those who participate throughout the entire competition. Thus, whether training abroad or competing for a U.S. college team, this USCIS policy update presents a unique opportunity for athletes and coaches alike to pursue long-term opportunities in the U.S.
What is the EB1-A Visa and What are the Requirements?
The EB1-A visa is reserved for individuals who can demonstrate extraordinary ability in their field, whether it’s arts, business, athletics, science, or education. For athletes, it has traditionally been one of the most sought-after immigrant visa classifications because it offers a direct path to permanent residency (a green card) without needing a job offer or sponsorship. To qualify, athletes must demonstrate sustained national or international acclaim and provide evidence of their extraordinary ability in their sport. Generally, this involves meeting at least three of ten specific criteria set forth by USCIS, such as awards won, media coverage, judging or coaching others at a high level, or being a key contributor to a prestigious team or organization. Winning an Olympic medal, for example, is considered a “one-time achievement” that can alone qualify an athlete for the EB1-A. However, many swimmers haven’t won Olympic medals but have demonstrated their skill and talent on other major stages. Until now, if those achievements included relay medals, their path to the EB1-A was often unclear.
What the Recent USCIS Policy Update Means for Swimmers
The recent update to USCIS policy has clarified that team achievements—like medals won in relay events—will definitively count towards the EB1-A “lesser nationally or internationally recognized prizes or awards” criterion. This is a significant development for swimmers who may have earned medals in high-profile relay competitions at national or international meets but were unsure if those accomplishments would help in their pursuit of an EB1-A visa.
The impact of this policy change cannot be overstated. Medaling in events like the World Championships, Pan Pacific Championships, European Championships, or even top collegiate relays in the U.S., could now help swimmers meet the criteria for this prestigious immigration benefit. Previously, these types of accomplishments were frequently overlooked as “team efforts,” leaving athletes who excelled in relay events unsure if their accomplishment would qualify towards the EB1-A criteria. Relay races often represent the pinnacle of international achievement for many swimmers, and this new policy could finally allow that excellence to receive proper recognition. With this policy update, swimmers who have earned relay medals are encouraged to explore how it might impact their eligibility for an EB1-A visa.
Swimmers at the Collegiate Level in the U.S.
For foreign swimmers currently training and competing in U.S. colleges, this policy shift is especially important. College swimmers often compete in relays at the NCAA level, representing their schools in national championships and other top-tier competitions. These relay events are not only prestigious but will serve as a viable way to prove “lesser nationally or internationally recognized prizes or awards” for the EB1-A application. While it’s still crucial for any athlete to demonstrate a minimum of three of the ten EB1-A criteria, the confirmation of relay medals as a piece of evidence means that swimmers have a stronger case than ever before.
Next Steps: Commencing the Legal Process
For swimmers who have excelled in relays at national or international levels, or as part of successful collegiate teams, recent policy changes by USCIS present a significant opportunity to secure permanent residency in the U.S. through the EB1-A visa. Despite this favorable policy update, applicants must still provide comprehensive, well-documented evidence that demonstrates their extraordinary ability in the sport. The EB1-A visa application remains complex and requires a strategic approach, with persuasive arguments and detailed support for one’s achievements. The visa itself is only one part of the immigration process, so it is advisable to work with an experienced immigration attorney specializing in athlete visas to ensure that all aspects of the case are properly submitted. If you are interested in the U.S. residency process and believe your accomplishments may qualify for the EB1-A visa, this is an opportune time to seek legal counsel.
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
