The Need for a Dedicated Esports Visa Program for the U.S.

Oct 4, 2024

By Ed Tomasi

The esports industry has rapidly evolved from a niche interest into a global phenomenon, with millions of fans and substantial economic impacts for host destinations.  In 2021, global esports revenues are expected to hit $1.8 billion by 2024. The United States has emerged as a leading host destination for many high-profile esports events, attracting top talent from around the world.

However, the current U.S. Visa framework is not well-suited to accommodate the unique needs of foreign esports players, coaches and production teams needing to gain somewhat immediate access through our borders. Unlike traditional sport leagues, where qualifying participants are known well in advance, esports competitors often qualify for events only weeks before the final/major event is set to take place. This tight timeline makes it challenging to navigate the complex and time-consuming visa application process currently in place when they are hosted here in the United States.

Currently, esports event organizers rely on a few visa categories for their players, coaches and/or production team members to enter the United States . . . P-1, O-1A, and B-1 Visas. Each of these options has their unique challenges. The P-1 visa, designed for athletes and entertainers, requires long-term commitments or evidence of contracts with major U.S. sports leagues, which esports organizations currently have difficulty in being recognized to meet. The O-1A visa, while less restrictive, is difficult to obtain due to its stringent requirements. Meanwhile, the B-1 visa allows for short-term visits but severely limits the activities in which the visa holder can engage.

The lack of a tailored visa solution for esports not only threatens the integrity of tournaments—where the best players may be unable to compete—but also the economic impact for host cities, as fans may lose interest if top competitors are absent. Furthermore, as other countries such as Germany and South Korea establish specific visa programs for esports, there is a growing risk that the U.S. will lose its position as a preferred destination for these lucrative events.

Research Summary and Impact Assessment

In July 2024, research was conducted by PLAYHRDR Advisors, in collaboration with students from the Niner Esports program at the University of North Carolina at Charlotte, to address the challenges faced by foreign esports players when applying for U.S. visas. The study gathered insights from five major global esports event producers, highlighting the significant challenges, opportunities and economic impact of international esports events held in the United States. The study found that esports events contribute between $2 million to $4 million per event in direct visitor spending, with an estimated annual economic impact of $30 million to $60 million.

The research revealed that 75% of the surveyed event producers had to hire consultants or legal advisors to manage visa applications for staff and players, underscoring the complexity and difficulty of the current process. On average, event organizers allocate 3-4 months to secure visas for staff and 1-2 months for players and coaches, often encountering delays and challenges with U.S. embassies in countries like Brazil, China, and Russia. These delays can jeopardize the successful execution of events, leading to financial losses and reputational damage for both the event producers and the host cities/countries.

The study also highlighted several direct questions from event producers to U.S. government agencies, emphasizing the need for expedited visa processing, clearer guidelines, and a more esports-friendly immigration framework. The ability of event producers to secure timely visas is crucial not only for the smooth running of events but also for maintaining the United States’ competitiveness as a premier esports destination.

Recommendations and Solutions

Given the findings of the research and the growing importance of esports, it is imperative that the U.S. government takes action to create a more streamlined and esports-specific visa process. The following recommendations are in the process of being offered as potential solutions to address the current shortcomings:

  1. Creation of a P-1A Esports Visa:

One potential solution is the introduction of a P-1A visa category specifically tailored for esports. This visa would recognize the unique characteristics of the esports industry, such as shorter tournament seasons and the need for quick roster changes. It would allow players and essential staff to obtain longer-term, multiple-entry visas, blending the characteristics of the existing P-1 and B-1 visas. This would reduce the burden on event organizers and ensure that top talent can participate in U.S.-based events without unnecessary delays.

  1. Formal Recognition of Esports within the B-1 Visa Category:

For those who do not qualify for the P-1 or O-1 categories, the State Department should update the Foreign Affairs Manual to formally recognize esports under the B-1 visa category. This would create specific allowances for esports professionals, including coaches, content creators, and other essential personnel. By doing so, the U.S. would acknowledge the economic and cultural significance of esports and facilitate smoother visa processes for all stakeholders involved.

  1. Expedited Tourist Visas for Parents of Minor Esports Athletes:

Many esports athletes are minors, and their parents often seek to accompany them to international events. The U.S. should offer expedited B-1/B-2 tourist visas for the parents of these young athletes, particularly those from non-visa waiver countries. This would ensure that underage competitors have the necessary support during their participation in U.S. events, enhancing the overall experience for both the players and their families.

  1. Engagement with U.S. Congress for Legislative Changes:

Addressing the root of the issue may require congressional action to amend existing immigration laws. By advocating for legislative changes that reflect the needs of the esports community, stakeholders can work towards creating a more inclusive and supportive environment for international competitors. This would involve lobbying efforts to educate lawmakers about the economic benefits of hosting esports events and the challenges posed by the current visa framework.

In conclusion, the growth of esports presents a unique opportunity for the United States to capitalize on a rapidly expanding industry. However, to maintain its position as a global leader in hosting esports events, the U.S. must adapt its visa policies to better support the needs of foreign players and event organizers. By implementing these recommendations, the U.S. can ensure that it remains an attractive destination for esports events, continue driving economic growth and strengthening its reputation as a national hub for global talent.

Contributors: PLAYHRDR Advisors; Visit Raleigh; Niner Esports; Velez & Cipriano, PLLC; Justin Jacobson Law, P.C.

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