What follows is an exclusive interview with Patricia Gannon, Partner, Chair of the Immigration & Naturalization Group at Greenspoon Marder, about pressing immigration issues in the sports industry.
Question: How did you get your start at the intersection of immigration law and sports law?
Answer: We have several decades of combined experience and have been fortunate to work with a wide range of clients, including sports teams, Olympians, and professional athletes looking to compete in the U.S. Immigration touches so many parts of life, and it’s been a blast helping these teams and athletes figure out the ins and outs of immigration law. This unique mix lets us support our clients in reaching their goals and dreams, making our work both challenging and super rewarding.
Q: Why, in general, have issues related to this intersection become more relevant in recent years for sports industry participants?
A: As U.S. professional sports leagues grow globally – this attracts players from across the world. From the NBA’s significant increase in international players over the past few years to the growth of MLS in the U.S., highlighted by stars like Messi joining the league, this trend shows no signs of slowing down. Plus, the U.S. remains a top destination for major global sports events, including the upcoming FIFA World Cup and LA Olympics, among many others.
Q: What does this mean, specifically, for the credentialing and planning for international officials, and which types of officials may be most impacted?
A: The new visa requirements from the State Department introduce specific challenges for the credentialing and planning of international officials. These changes impact officials such as referees, judges, and technical staff who are essential for international sports events. The main challenge lies in ensuring that these officials meet the criteria for a B-1 visa or ESTA, which requires careful coordination and documentation. Officials who frequently travel for events are most affected, as they must navigate these updated processes to ensure compliance. Event organizers need to focus on the credentialing process to avoid potential disruptions and ensure smooth operations.
Q: What do leagues and event organizers need to do now to ensure compliance and avoid delays?
A: Leagues and event organizers must take proactive steps to ensure compliance with the new visa requirements and avoid delays. This involves closely coordinating with immigration authorities to facilitate timely visa processing for match officials. Organizers should review the eligibility and roles of officials, ensuring they meet the State Department’s criteria. It’s crucial to work with sports federations to verify compliance and address any potential issues early. By prioritizing these actions, organizers can prevent disruptions and ensure successful international events. In addition, organizers should actively monitor travel bans and what countries are being affected.
Q: How could payment and reimbursement limitations impact contracts and agreements?
A:Professionals compensated for their performances would require visas such as the P visa (for athletes) or the O visa (for individuals with extraordinary ability), which involve specific eligibility requirements and limitations. Contracts would need to be structured carefully to ensure payments and reimbursements align with the permitted activities and income sources allowed under the athlete’s specific visa type.
Q: How might these changes affect preparations for marquee events like the LA28 Olympics and World Cup matches?
A:Organizers must stay vigilant about immigration changes to ensure athletes, officials, and key personnel can participate in these marquee games. They should work with legal counsel to prepare necessary documents to ensure compliance. Uncertainty can also financially impact these events, especially if key sponsors withdraw due to immigration concerns.
