mmdan

Hello,
Thanks in advance for your attention.

I have a friend who has good chances of being sponsored and obtaining an O-1 Visa (Work Visa for persons with Extraordinary Ability). He is an internationally recognized athlete in France and has been offered to come to the US by an investor who wants him to open a private sports school for teenagers. He is very interested but worried about the restrictions that may exist with this Visa.

Contrary to athletes here in the US, he has little revenues because his sport doesn't carry many sponsorships and advertising opportunities in France. He is worried about what would happen if he ends up not liking his employment with the investor in a few years or wants to leave and start his own business after he builds this investor's school.

Here are a few questions:
1- Do O-1 visas give the visa holders special rights in terms of asking for permanent resident status (green card)?
2- Do the holders still need a sponsor for the permanent residence application once on US soil?
3- What would be his options for staying and working in the US if he and his employer/sponsor (investor) don't get along and want to separate after 1 year and 1/2 for instance?

Regards and thanks in advance for any info and help you share,
Dan

Bob

Don't know the answers to those specific questions, but there's a few here that have O1's, so might find your answers in their threads, Caleyjag for one.

Also worth asking an immigration lawyer these questions, his own rather than that of the sponsor because he'd want a lawyer looking out for his bests interests and not the sponsors. A one time consult shouldn't be all that costly.

scrubbedexpat099

What sport?

caleyjag

Hey man,

Well, I'm not too sure how it works for athletes, however from reading around online it looks like it's basically the same as it was for me (a scientist).

To get the O1, your friend will need to compile a portfolio of evidence. This could be internationally recognized awards, a number (the more the better) of letters from famous sports officials/journalists/other athletes, etc.
It's sort of a situation where the more famous you are, the less evidence you need to prove that you are amazing. So if you won Olympic gold in track, you're good to go. If your mate is a simply a modestly successful athlete, he'll need a larger portfolio of material.

When he gets here, his employer can have a go at sponsoring him for a greencard. If his O1 case is compelling, the evidence he put together for that could be used to file for EB1 greencard category, which has similar requirements to the O1. Athletes are included in its scope. Since he is from France, this is a plan and should see him with a greencard within a few years.

I think he'll have to muck it out for a year or two as the greencard is processed though - I think the O1 is job specific. I'm not sure if the sponsorship can transferred. Ask a professional.

caleyjag

OK let's answer these directly:

I'm pretty sure O1 is job specific. I'm not sure if the sponsorship can be transferred. I haven't looked into it. My understanding is that if he left the investor, he'd have to go home, but I bow to the professionals on here on that one.

No, but generally the evidence that qualified them for the O1 will stand them in good stead for the EB1 category. This is a big deal.


I think so (I have one).


By then he *might* have his EB1 greencard, although I'd expect it to take a little longer.

Why exactly 18months? Are you telling us all the facts of the story here?

mmdan

Thanks to all for your answers!

I don't want to share his sports category because he asked me to be as confidential as possible. He currently is preparing for an international competition and doesn't want anyone to know he might leave his league after the conpetition has ended this year. I know there is little chance this would leak out from the forum, but you never know and his request to me was clear.

Regarding the 18 months: this is just a matter of an example. It could be 2 years, 6 months, I don't know. He is a European, culturally, averse to risk, and therefore he is trying not to be reckless about this big change. He just wants to know what his options are.

Furthermore, he has been trained by another former athlete in France who was lured in a similar fashion to the US before the business was fully defined (employment contract, actual investments, etc.) to then be somewhat coaxed into bad business terms which resulted in his eventually loosing a significant amount of money and having to leave the US with empty pockets and a bad experience. Some US employers (often former immigrants themselves, sadly enough - I have seen this in the IT sector in which I work) know very well how to use the immigration rules to their advantage in keeping sponsored visa-holding employees ina constant state of fear of loosing their visa, therefore alllowing them quasi-feudal workplace practices.

Judging from your answers, initially, he should assume that his staying in the US will be entirely contingent to his relationship with the sponsor, since in case of a disagreement there is little chance that he would immediately find a replacement sponsor before having to leave the country... Right?

Judging from your answers I guess he really needs to get a lawyer. Anyone has any tips for a good lawyer experienced with atlethes and/or O-1 visas? and any idea of the going cost for a one-time consultation of that nature?

Cheers,
Dan

caleyjag

Correct.


I should have said this before. He absolutely needs a lawyer. Compiling the portfolio of evidence in the correct manner was a non-trivial task. There is absolutely no way I could have done it on my own.

There are several professionals on this board who might be able to help.