Information About Polo Work Visas
By Rebecca Castaneda
The last thing on your mind when you have an opportunity to play polo in the United States is hopefully not the legality of entering the country. As you run through your usual checklist you seem to have everything. Boots? Check. Helmet? Check. Favorite monogrammed polo wraps? Double check. Visa? Ummmm.
Playing polo in the United States as a non-citizen requires a visa. Whether or not players actually choose to obtain visas is a separate issue, however it is always wise to at least know the basics in order to make an educated decision. There are essentially three visas for which polo players can apply for in order to play legally in the United States: an O, P, or B visa.
“O-1” visas are for those with extraordinary ability in the sciences, arts, education, business or athletics. An individual must be known nationally or internationally, and he or she is only able to continue work in the area of extraordinary ability. The individual must be essentially “one of a kind,” possessing an athletic ability that others do not have. This visa allows the O-1 visa holder to remain in the United States for the period of time the event he or she is entering the United States to attend. The O-1 visa is valid for up to three years, and extensions are granted on a year-to-year basis.
“P-1” visas are for professional athletes who have achieved national or international recognition and are outstanding within their field. An individual athlete or a member of a team is potentially eligible for a P visa. A P-1 visa is narrower than an O-1 visa; however, it is not as difficult to prove “extraordinary” ability as with an O-1 visa. A person can be admitted to the U.S. on either a commercial or non-commercial purpose. For example, a player can enter to play as a member of a team or he or she can enter in order to demonstrate his skills at a clinic, with clinic participants paying to audit or participate in the clinic. An individual admitted with a P-1 visa can be admitted for up to five years and can even extend his or her time in the United States for an additional five years; the total stay cannot exceed ten years. Additionally, another requirement for this visa is that an athlete must have a residence abroad to which they intend to return.
A “B” visa is essentially the same as a “P-1” visa. However, it is granted to amateur athletes. A B-1 visa is for the temporary business visitor. It can be issued to those who are self-employed who need to conduct business within the United States. Under a B-1 visa, an athlete cannot be paid by a United States employer or earn money directly from a United States business or individual; he must continue to be paid by a foreign employer. The athlete must have a residence abroad that he or she does not intend to abandon. A B-2 visa is for the temporary visitor for pleasure. These visas are granted to individuals who seek to enter the United States to vacation, visit relatives or friends, or to accompany an individual who has a B-1 visa. B-1 visas require proof of a roundtrip airline ticket, proof that the individual has adequate funds to pay for trip expenses, proof that the individual expects to return home. B-1 visas are typically granted for six months.
With all of the administrative requirements, the immigration process can be daunting. Government websites are notorious for being difficult to understand, and the application procedures can be extremely complex and stressful- even just reading the forms and understanding the multi-levels of application fees can be intimidating. If possible, consult an attorney and have representation throughout your application. An attorney will ensure you have a complete application, prepare you for any necessary interviews at the embassy or consulate, advise you in how to obtain necessary documentation, and represent you throughout the process. If you are unable to retain an attorney, read every form thoroughly, be truthful, and be sure to submit all required documentation. One mistake can delay your application for several months or result in a denial. One chukker missed is one chukker too many.
Rebecca L. Castaneda is an attorney based in Boston, Massachusetts. She specializes in immigration and equine law. She can be reached at tel (857) 334-1880 or email: rcastaneda@equineattorneyma.com. You can visit Rebecca’s web site at www.equineattorneyma.com.