USA Law and Practice Contributed by: Irwin A. Kishner, Daniel A. Etna, Joel Wagman and Barry Werbin, Herrick, Feinstein LLP
P-1A – athlete A foreign athlete seeking temporary entry to the United States for the sole purpose of competing at a specific athletic competition may qualify for a P-1A visa. The athlete must be performing at an internation - ally recognised level or be a “professional athlete” (ie, employed by a team in an association of six or more professional sports teams with combined revenues over USD10 million annually that governs member conduct and regulates contests, or any minor league affiliate thereof). The petition must be filed by a US employer, agent or sponsor, and the athlete must meet evidentiary criteria, including a tendered contract and at least two of seven regulatory criteria if not a profes - sional athlete. For professional P-1A athletes traded between organisations, employment authorisation automatically continues for 30 days after acquisi - tion by the new organisation, during which the new organisation is expected to file a new P-1A petition. If no petition is filed within 30 days or if the petition is denied, employment authorisation ceases. 8. Women’s Sport 8.1 Development and Growth of Women’s Sport The continuing evolution of the sports business landscape has created new opportunities for wom - en athletes as well as for women’s sports generally. The ability of college athletes to monetise their NIL has provided new opportunities for women athletes. NCAA women’s basketball remains one of the top col - legiate sports in generating NIL revenue. The All Women’s Sports Network, a new streaming service that debuted in 2024, provides continuous coverage of female athletes on and off the field, along with original programming and live sporting events. The service is available in over 60 countries, making it the first global network dedicated entirely to women’s sports. Media rights for women’s sports have also increased significantly in value. In 2023 the NWSL announced a multi-year media deal with CBS Sports, ESPN and Amazon Prime Video for USD240 million, representing a 40-times multiple of the NWSL’s pre - vious agreement. In 2024, the WNBA announced its
own new media rights deal with Disney, Amazon Prime and NBC, valued at over USD2 billion for 11 years. Despite these new opportunities, several challenges remain for women in sports. Funding discrepancies and disparate treatment at universities continue to be a source of controversy. In college, while some women have earned significant NIL income, the average NIL income for women stu - dent athletes is significantly lower than for male ath - letes. Professionally, despite the significant increase in media rights and franchise values, the salary gap between male and female athletes remains. Finally, the rapid growth of women’s sports has led to labour disputes between players and leagues, as demon - strated by the ongoing negotiations in the WNBA regarding a new CBA. 8.2 Organisations and Initiatives to Promote Women’s Sport The continuing evolution of women’s sports has led to the creation and expansion of organisations and initiatives dedicated to accelerating growth and sus - taining development in women’s sports, including at the local level. In the United States, football remains the most popu - lar sport by revenue generation and viewership. With limited exceptions, women have not been able to par - ticipate in competitive football. Recently, however, flag football leagues have proliferated at local and school levels, offering women the ability to join organised leagues and compete against other women. Further, the NCAA recently classified women’s flag football as an “emerging sport”, allowing for increased scholar - ships and participation opportunities at member uni - versities. The NFL, the premier professional league in the United States, is leading an initiative to develop a professional women’s flag football league. It is currently anticipated that women’s flag football will be an Olympic sport at the 2028 Summer Games to be held in Los Angeles.
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