PowerPoint Presentation

Sports Immigration Law CLEGetting in the Game

April 27, 2011

Jill K. Soubel, Esq.The Rudnick Spector FirmPhiladelphia, PA 2011 Jill K. Soubel

The Rudnick Spector Firm PCJill K. Soubel, Esq.Sr. Associate1608 Walnut St., Ste. 1700Philadelphia, PA 19103T: (215) 690 5090E: jsoubel@rudnickspector.comhttp://www.rudnickspector.com 2011 Jill K. Soubel

Table of ContentsIntroduction

TerminologyNon-Immigrant v. ImmigrantVisa v. Stay v. StatusVisa Types

Nonimmigrant ProcessFiling in the U.S.Visa Application at a U.S. ConsulateEntering the U.S.Extending Status & Stay in the U.S.

2011 Jill K. Soubel

Table of Contents ContVisa Waiver Program (VWP)

B-1 Visa

P-1 Visa

O-1 Visa

Immigrant Visas

Hypotheticals

2011 Jill K. Soubel

IntroductionThe Law Immigration & Nationality Act

8 CFR Regulations

Title 9 Foreign Affairs Manual

The PlayersDepartment of Homeland Security (DHS)USCIS: US Citizenship & Immigration ServicesCBP: Customs & Border ProtectionICE: Immigration & Customs Enforcement

Department of State (DOS)U.S. Embassy/Consulates 2011 Jill K. Soubel

Key Terminology: Nonimmigrant v. ImmigrantNonimmigrant: a foreign national (FN) who legally enters the U.S. for a limited amount of time without the intent to reside permanently in the U.S. Permissible Activities: Travel, work, study

Limited duration of stay

Dual Intent: Certain nonimmigrants are allowed to intend to reside permanently in the U.S. (H-1B, L-1) 2011 Jill K. Soubel

Key Terminology:Nonimmigrant v. ImmigrantImmigrant: a FN who legally enters the U.S. with the intention of permanent residing in the U.S.Basis for immigrant statusFamilyWork

Preference system with limited number of immigrant visas available each year

Backlogs based on preference and nationality of the intending immigrant

2011 Jill K. Soubel

Key Terminology:Visa v. Stay v. Status VisaA visa is a stamp that is affixed by a U.S. Consulate to a FNs passport

A visa allows a FN to present him/herself for admission to the U.S. at the border

The border can be: Land, Sea, or Air

Visa can be nonimmigrant or immigrant 2011 Jill K. Soubel

Sample Visa

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Key Terminology:Visa v. Stay v. StatusStayAmount of time FN is admitted to U.S., as determined by DOS and/or USCIS

At U.S. border, FN will receive I-94 card with red entry stamp, indicating length of permitted stay.

If extending stay in U.S., FN will receive a new I-94 card at bottom of approval notice.

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Sample I-94 Card

2011 Jill K. Soubel

Key Terminology:Visa v. Stay v. StatusStatusAuthority by which FN is in the U.S.

Nonimmigrants: H-1B status

Immigrants: Legal Permanent Resident (LPR) status

Is evidenced by relevant approval document (USCIS notice, I-94 card, LPR card) 2011 Jill K. Soubel

Sample USCIS Approval Notice

2011 Jill K. Soubel

Key Terminology:Nonimmigrant TypesVisa Waiver Program (VWP)Certain FNs require no visa to enter U.S. 36 countries participateRestrictions:Admitted to U.S. for 90 days or lessLeisure travelCertain business travel (meetings, attend training/conference)

Nonimmigrant MVPs:B: Leisure or limited business travelE: Treaty Trader/Investors/Specialty OccupationF: Student VisasJ: Cultural Exchange/Au Pair/Summer Work Travel/TraineeH: Professional workersL: Intracompany transfereesO: Extraordinary Ability FNsP: Athletes, Artists, Entertainment Groups

2011 Jill K. Soubel

Andorra, Hungary, New Zealand, Australia, Iceland, Norway, Austria, Ireland, Portugal, Belgium, Italy, San Marino, Brunei, Japan, Singapore, Czech Republic, Latvia, Slovakia, Denmark, Liechtenstein, Slovenia, Estonia, Lithuania, South Korea, Finland, Luxembourg, Spain, France, Malta, Sweden, Germany, Monaco, Switzerland, Greece, the Netherlands, United Kingdom.

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Nonimmigrant ProcessBegin in U.S.File with USCIS

Visa application to DOS at U.S. Consulate

Enter U.S. at border after CBP inspection

2011 Jill K. Soubel

File with USCIS:Collect all relevant documents/informationPrepare required petition/applicationFile with appropriate USCIS service centerUSCIS processes petition/applicationUSCIS may send Request for Evidence (RFE)USCIS mails final decision (approval/denial notice)

Visa Application:Schedule appointment at U.S. ConsulateFile appropriate form with ConsulateAttend appointment at Consulate and submit supporting documentationConsulate may request additional informationDOS issues visa in passport and mails passport to FN

Enter U.S. at BorderCBP reviews FN passport, visa stamp, and approval notice Admits FN to U.S. according to status/approval notice

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Nonimmigrant ProcessBegin at ConsulateSmall class of nonimmigrants process solely at U.S. Consulate: B, E, Blanket L

CanadiansDo not require visas

Skip U.S. Consulate

Process at border

UNLESS: inadmissibility issues (i.e. criminal)

2011 Jill K. Soubel

Visiting Athletes:B VisaVisitors for Business (B-1) or Pleasure (B-2)

Most temporary of all visas/status

Visa (if required) only valid for up to one year

Will be admitted to U.S. for up to 6 months

Limited scope of permissible activities 2011 Jill K. Soubel

Visiting Athletes:B VisaProfessionals (B-1)Participating in tournament/event

May not received salary

May receive prize money

Athlete/team members may compete against another sports team IF:Principally based abroad;Income/salaries principally accrued abroad; and,Member of international sports league or event involved has international dimension. 2011 Jill K. Soubel

Visiting Athletes:B VisaAmateurs (B-2)Participating in athletic event/tournament

NOT member of professional association

No remuneration/prize money

Incidentals may be reimbursed 2011 Jill K. Soubel

Visiting Athletes:B VisaMust make appointment at U.S. ConsulateMust pay applicable fee at least $140 USDBurden of proof at U.S. Consulate:Event/tournament bona fide & certainInvitationIntended stay is temporarySufficient ties to home countrySufficient funds to support stay in U.S. & return to home countryRound-trip airfare or itinerary 2011 Jill K. Soubel

Visiting Athletes:B VisaCommon Consular IssuesI didnt realize I needed a visa and my event is tomorrow!

Im Mexican, but I live in Nigeria. Can I apply for my visa as a third-country national?

Im Moroccan, Cuban, Iranian, Egyptian, Turkish

Oh, I forgot to mention the drug arrest/manslaughter conviction/time served for petty theft 2011 Jill K. Soubel

The T-7 countries include Cuba, Iran, Iraq, Libya, North, Korea, Sudan and Syria.

26 countries are Afghanistan, Algeria, Bahrain, Djibouti, Egypt, Eritrea, Indonesia, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Malaysia, Morocco, Oman, Pakistan, Qatar, Saudi Arabia, Somalia, Sudan, Syria, Tunisia, Turkey, the United Arab Emirates, and Yemen21

Outstanding Athletes & Coaches:P VisaFor Athletes & Coaches (P-1)

Granted in 5 year increments, renewable indefinitely

Support personnel (P-1S) Coaches highly skilled

Dependent family members (P-4)

Requirements

Process begins in U.S.

2011 Jill K. Soubel

Requirements:

Sponsor: Agent or EmployerConsultation from trade group, expert, or unionEvidence of international recognition or team contractIf team, evidence of league membership or affiliationSupport lettersLetters of IntentEvidence of achievements (awards, prizes, DVD footage)

Process:Must first file petition with USCISOnce approved, FN must apply for visa stamp at U.S. ConsulateFN applies for admission on U.S. borderStatus and stay may be extended while FN remains in the U.S.

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Outstanding Athletes & Coaches:P VisaFour Categories of Eligibility:Athlete performing at internationally recognized levelAthletes employed by teams in major professional association or minor league affiliatesAthletes or Coaches employed by team/franchise located in U.S., that is qualifying member of foreign amateur league or associationProfessional or amateur in theatrical ice skating production 2011 Jill K. Soubel

Outstanding Athletes & Coaches:P VisaAthlete or team performing at internationally recognized levelDegree of skill and recognition substantially above that ordinarily encountered

Renowned, leading, or well-known in more than one country

If team, 75% of athletes must have 1 yr. with team.

Must meet 2 of the following:Played significantly in prior season with major US sports league or U.S. college/university,Participated in international competition with national team,Letter from sport governing body detailing FN/teams internationally recognitionLetter from sports media or expertInternational rankingsSignificant honor or award in sport 2011 Jill K. Soubel

Outstanding Athletes & Coaches:P VisaAthletes employed by teams in major professional association or minor league affiliatesFor professionals in large commercial sports

Employed by a team that is member of association that:Consists of 6 or more professional teamsCombined revenues exceeding $10 Million/yearGoverns conduct of membersRegulates regular member-attended contests and exhibitions

2011 Jill K. Soubel

Outstanding Athletes & Coaches:P VisaAthletes or Coaches employed by amateur team/franchise located in U.S.Team must belong to foreign amateur league or association with 15 or more members

Compete at highest amateur level in relevant country

Athletes ineligible to earn scholarship or participate in sport at U.S. College/University under NCAA

Significant number must be drafted by major sports league or minor league affiliate

2011 Jill K. Soubel

Difficult to say who would qualify for this category. Sportsperson must:Need job offer from team in US that is affiliated with foreign network of sports competitionsSport must have sufficient exposure outside of U.S. to be in foreign league or association of 15 teamsSufficient exposure within/ U.S. to be an NCAA-regulated sportForeign league must be a source for drafting players into professional or amateur major sports league26

Extraordinary Ability Athletes:O VisaFor Athletes & Coaches (O-1)

Support personnel (O-2)

Dependent family members (O-3)

Renewable indefinitely

Requirements: one of the small percentage who have arisen to the top of the field

Process

2011 Jill K. Soubel

RequirementsSponsor: Agent or EmployerConsultation from trade group, expert, or unionEvidence that FN is one of the small percentage who have arisen to the top of the fieldSupport lettersLetters of IntentEvidence of achievements (awards, prizes, DVD footage)

Process:Must first file petition with USCISOnce approved, FN must apply for visa stamp at U.S. ConsulateFN applies for admission on U.S. borderStatus and stay may be extended while FN remains in the U.S.O-1 athlete may be traded

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Extraordinary Ability Athletes:O VisaMust show at least 3 of the following to prove extraordinariness:Nationally/Internationally recognized prize/award for excellence

Membership in associations requiring excellence

Published material about athlete in major trade/media

Participation as a judge of others in the field

Current/prior employment in critical capacity or distinguished organization

Past or proffered comparatively high salary

Any comparable evidence 2011 Jill K. Soubel

A Word on ConsultationsRequired for primary beneficiary AND separately for support personnel

Provided by regulating body/union

If no regulating entity, no consultation required

Support personnel consultation must address why no U.S. worker qualified to perform role

Can take weeks to obtain

Associated fees 2011 Jill K. Soubel

Still Other Nonimmigrant OptionsE visa (treaty investors/traders):

L-1 (intracompany)

Q (cultural visitors) 2011 Jill K. Soubel

Legal Permanent Resident OptionsEB-1 Extraordinary Ability AlienNo sponsor required

One-time achievement (major, international award) OR 3 of the following Receipt of lesser national/international prize or awardMemberships in associations;Published material about FN in trade or mass mediaJudged others in field;Served in lead/critical role for distinguished organization; and,Commanded high salary.

EB-2/EB-3 PERM

2011 Jill K. Soubel

HypotheticalsPolly Payne is Australian. She attended the University of Texas, where she competed as a triathlete for the Long Horns. Polly will graduate in May. She will return to Sydney to start training for the Big Easy Tri in New Orleans, LA, which will take place in September, and the Turkey Trot Duathalon in Plymouth, MA, which will take place in November. She really wants to make it as a triathlete in the U.S., but knows that only her Aussie coach can take her there!

Jean-Luc Canard, a Canadian national, is an amateur hockey player in Toronto, Canada. The Flyers would like to bring him to play with the team for a try-out during the play-offs. What do the Flyers need to do to bring him over? 2011 Jill K. Soubel

HypotheticalsJessica Jumper, a Bulgarian national, is a professional stadium jumper and horse trainer. She competed in the Olympics on behalf of Bulgaria, coming in 37th place, and regularly travels within Europe to compete on her trusty stead, BPO Visa Challenge. She has won at some major shows, including at one Grand Prix and she belongs to the Hungarian and British Equestrian Federation. She has an offer of employment from the Bryn Mawr High Flyers stable to train and compete.

Coach Muddleworthshires UK national reserve champion cricket team has been invited to participate in a number of exhibition sporting matches in the U.S. The team is nothing without him, and he must accompany them to ensure their top performance. Secretly, Coach Muddleworthshire would like to open cricket franchises throughout the U.S., and would like the option to remain in the U.S. for as long as possible.

2011 Jill K. Soubel

Jill K. Soubel, Esq.Ms. Soubel is an Associate at The Rudnick Spector Firm, having served in this capacity with its predecessor firm beginning in 2007. Ms. Soubel was selected as a 2010 Top Young Attorney Rising Star by Pennsylvania Super Lawyers. Ms. Soubel counsels clients on U.S. and global immigration matters. She concentrates in all aspects of U.S. corporate immigration, including nonimmigrant visas and permanent residence for intracompany transferees, professionals, and extraordinary ability individuals. She also assists clients with global immigration needs by preparing outbound business-related visas. She advises on and crafts corporate strategies for clients to ensure U.S. immigration law compliance.

Prior to practicing exclusively in immigration law, Ms. Soubel gained several years of employment litigation experience representing employers and their insurance providers in Workers Compensation matters.

Throughout her career, Ms. Soubel has been actively involved with international affairs and the immigrant community. In 2003, she interned as a Law Clerk in Tokyo, Japan, at Sakura Kyodo Law Offices in the International Law Department, where she advised on matters of U.S. immigration, corporate, and antitrust law, and gained experience in Japans immigration system. She served as a member of the Temple International and Comparative Law Journal, while pursuing her legal studies at Temple University. Prior to practicing law, Ms. Soubel also served as an EFL Instructor.Education:James E. Beasley School of Law at Temple University, 2004, J.D. University of Michigan, Ann Arbor, 2000, BA with Honors.

2011 Jill K. Soubel

Stacey L. Spector, Esq.Stacey Leigh Spector, a Founding Partner of The Rudnick Spector Firm, is among the countrys leading immigration lawyers. She has been practicing immigration law for over 25 years, and is a founding partner of The Rudnick Spector Firm. Ms. Spectors practice encompasses a full spectrum of business immigration including multinational corporations, technology companies, academic and research institutions, and entertainers and artists. Ms. Spector has particular expertise in advising employers on the immigration implications of corporate changes, including mergers and acquisitions, downsizing, and reductions in work force. She has successfully developed I-9 Compliance Training Programs for HR personnel, and has managed I-9 and H-1B audits for her clients.

Prior to establishing the Rudnick Spector Firm, Ms. Spector served for ten years as Of Counsel to the predecessor firm of Steel, Rudnick & Ruben. Ms. Spector also served as Immigration Counsel to the former Rhne-Poulenc Group based in Collegeville, Pennsylvania, from 1992 to 2000. Ms. Spector was based in Paris, France, from 1990 to 1992, where she established an immigration practice and published The Immigration Chronicle. From 1987 to 1990, Ms. Spector headed the immigration practice at Pavia & Harcourt in New York, New York. She served as an Associate at Patterson, Belknap Webb & Tyler, also in New York City, from 1982 to 1984. Education: New York University School of Law, 1982, J.D. Brown University, 1979, Magna Cum Laude, Phi Beta Kappa

2011 Jill K. Soubel