Written by: James Hollis, Partner and Head of Sports & Business Immigration at McEntee Law Group
In my career as an immigration attorney, I’ve had the privilege of helping many athletes transition from temporary visas to permanent residence in the U.S. One of the most sought-after (but also most challenging) green card options for this group is the EB-1 Extraordinary Ability Green Card.
It’s considered more difficult because the EB-1 is highly discretionary. That means even if you technically meet the criteria, success often depends on how compellingly your case is presented.
To qualify, you must meet at least 3 out of 10 possible criteria. Below are five key criteria we often evaluate in sports and entertainment cases. These are not the only ones, but they are frequently the strongest.
Here’s what I typically look for when evaluating whether an athlete or performer might qualify for the EB-1:
Media Coverage
This is often the most important factor in an EB-1 case. If you’re in a public-facing field like sports, film, or the performing arts, and there’s little to no media coverage about you, that can raise red flags. Media doesn’t always need to be recent or related to your current role; coverage from your earlier athletic career, for example, can still count.
But a total lack of media? That’s usually a problem. Think about it: If you’re performing at a level that USCIS should consider “extraordinary,” why hasn’t the media taken notice?
Memberships & Associations
In sports cases, membership and associations usually refers to participation on a national team. Senior national team experience is one of the strongest pieces of evidence you can have. I’ve seen USCIS challenge a lot of things over the years, but they rarely push back on senior team participation. Even junior or youth national teams can be helpful, though not quite as strong.
Major Awards
Think Olympic medals, world championship titles, or other prestigious awards in your field. These are often deal-sealers. But we also dig into context-specific awards, especially in lesser-known sports or artistic disciplines. College awards can help in some cases, but they often come with a caveat: USCIS may argue you were only competing against peers in a limited pool.
High Salary or Pay
Being highly paid in your field can help demonstrate your extraordinary ability. It is important to point out that what counts as “high” can vary significantly depending on your role and industry norms.
Judging Others’ Work
In the sports world, professional athletes often vote on peer awards. This can count as judging the work of others, another potential EB-1 category. Similarly, participation in high-level showcases or panels can bolster this criterion.
Final Thoughts
To qualify for the EB-1, you need to meet at least three of the listed criteria. But not all categories are equal. The stronger your evidence and the more compelling your narrative, the better your chances.
If you’re an athlete thinking about applying for an EB-1, make sure your case tells the whole story of your impact, recognition, and exceptional talent.
Need help? We’ve done this before, and we know how to help. Get in touch.
