USA Law and Practice Contributed by: Irwin A. Kishner, Daniel A. Etna, Joel Wagman and Barry Werbin, Herrick, Feinstein LLP
The IRCA preserves employers’ rights to prefer citizens over equally qualified aliens. Immigration and Visas The Immigration and Nationality Act (INA) gov - erns immigration laws as they pertain to profes - sional athletes. There are both immigrant and non-immigrant options for foreign athletes seek - ing entry to the United States. Some of these are discussed below. EB-1 – employment-based first preference immigration A professional athlete who can demonstrate, by extensive documentation, extraordinary ability in athletics through sustained national or interna - tional acclaim may apply for an EB-1 Visa. While an employment offer is not required, the athlete must provide evidence showing they seek entry to the USA to continue to work in their field of expertise. B-1 – temporary business visitor An athlete visiting for a professional or com - mercial purpose may apply for a B-1 Visa. This visa generally limits the visitor to a six-month period (with the opportunity to apply to extend the stay to a maximum of one year), and pro - hibits the visitor from engaging in productive labour and employment while in the USA. Types of foreign national athletes that can enter the United States using a B-1 Visa include individual professional athletes who will receive no salary, other than prize money, and athletes of foreign- based teams that belong to international leagues or competitions, whose salaries are principally earned in the foreign country. O-1A – individuals with extraordinary ability or achievement An athlete who possesses extraordinary ability and has been recognised nationally or interna -
tionally for those achievements may be eligible for an O-1A non-immigrant visa. The initial peri - od of stay granted under an O-1A visa is three years. P-1A – athlete A foreign athlete seeking temporary entry to the USA for the sole purpose of competing at a specific athletic event may seek entry under the P-1A Visa. To qualify, the individual must be an individual or part of a team at an internation - ally recognised level of performance or a pro - fessional athlete. The INA defines a professional athlete as one employed by a team that belongs to an association of six or more teams whose total combined revenues exceed USD10 million per year, if the association governs the conduct of its members and regulates the contests and exhibitions in which its member teams regularly engage, or any minor league affiliated with such an association. The continuing evolution of the business and media landscape of sports has created new opportunities for women athletes as well as for women’s sports generally. The ability of college athletes to monetise their name, image and likeness (NIL) has provided new opportunities for women athletes. NCAA women’s basketball remains one of the top col - legiate sports in generating NIL revenue. 8. Women’s Sport 8.1 Women’s Sport Overview Professionally, investments and opportuni - ties in women’s sports properties continue to grow. In 2022, the Women’s National Basket - ball Association (WNBA), a high-profile profes - sional women’s athletic league, completed one
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