Video Games and Visas for International Esports Athletes

Esports: The New Game

In the world of sports, there is none quite like esports. The incredibly fascinating industry of esports continues to reach new heights every day and this past weekend was a testament to that. Building upon the success of last year’s APAC invitational, The NBA 2K League went to Gfinity Arena in London and held its first European Invitational. Some of Europe’s elite esports athletes were invited to the first dedicated esports arena in Fulham, London to showcase their skills to top 2K League scouts. The twenty 2K League invitees hailed from Spain, France, the United Kingdom, Germany, Austria, Belgium, and Turkey. Esports is providing a greater influx of athletes into the United States every year. In so doing it increases the need for these athletes to get the appropriate visas for work. Whether they are coming to train or compete, it’s vital for esports athletes to know what kind of visas are available so they can keep on playing the games they love.

Know Your Visas: The P-1 and O-1 Visas

Finding the best visa depends on the individual needs and intentions of the athlete, as well as being able to meet the visa requirements. There are two types of visas esports athletes should consider when deciding to come play professionally in the US. The first one is the P-1 visa. In 2013, for the first time, the United States Citizenship and Immigration Service (USCIS) granted an esports athlete a P-1 visa. Since then, esports athletes who can establish that they are internationally recognized within their sport, can obtain a P-1 visa if they are coming to the US temporarily to perform or compete in a specific athletic competition.

Being “internationally recognized” within the sport is established by the athlete if he or she can demonstrate they have reached a high level of skill and achievement in the sport above that of the ordinary. Additionally, if the athlete is joining a team, that team must be a member of an association of six or more professional sports teams whose total combined revenue exceeds $10 million a year. If the team is a minor league team, that team must be associated with such a league whose revenue exceeds that amount. The P-1 visa can be granted for a certain set of time needed for the athlete to complete the event or competition he or she is involved in. This time period cannot exceed more than five years, but the visa can be renewed for one additional five-year extension.

Alternatively, the O-1 visa is available to foreign national esports athletes who have demonstrated extraordinary ability through sustained national or international acclaim within their sport. The “extraordinary ability” standard required by the O-1 visa is a much higher threshold than that of the P-1 visa. However, it allows for a longer period of stay since the visa is valid for three years and can be extended in unlimited increments of up to one year.

Learn More About US Immigration Strategies for Esports Athletes

Ball is life. Sometimes that ball will lead you to new pastures. So, if you find yourself in need of visa because you may be exploring the opportunity to play professionally in the US, contact Ellis Porter Immigration Attorneys. Our high-skilled and sports immigration practice has extensive experience in dealing the with the kind of visas needed by foreign nationals looking to come the US. With offices in the US and in London, England, EP wants you to focus on your game, while we make sure you get the appropriate visa to take you where you need to be.

Contact Ellis Porter’s Sports Immigration Team Attorneys

Marc Topoleski: marc.topoleski@ellisporter.com

Jackie Adedokun: jackie.adedokun@ellisporter.com

Arvinder Ubhi (EP UK): arvinder.ubhi@ellisporter.com