Important Updates
Important Updates
October 22, 2025 | SwedenSweden: New EU Blue Card Rules Forthcoming
October 22, 2025 | ChinaChina: Updated Online Visa Application System for U.S. Applicants Launched
October 22, 2025 | United KingdomFinancial Times: Scientists Charged Too Much to Come to Work in UK, Says Royal Society
October 22, 2025 | HungaryHungary: Change of Residence Permit Practice Relaxed
October 22, 2025 | 🌐Minimum Salary Changes Announced
October 22, 2025 | SwedenSweden: New EU Blue Card Rules Forthcoming
October 22, 2025 | ChinaChina: Updated Online Visa Application System for U.S. Applicants Launched
October 22, 2025 | United KingdomFinancial Times: Scientists Charged Too Much to Come to Work in UK, Says Royal Society
October 22, 2025 | HungaryHungary: Change of Residence Permit Practice Relaxed
October 22, 2025 | 🌐Minimum Salary Changes Announced
October 22, 2025 | SwedenSweden: New EU Blue Card Rules Forthcoming
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationFragomen Consulting EuropeImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Fragomen Consulting Europe
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

Foreign Athletes Now Struggle to Demonstrate They Have “Extraordinary Ability”

December 20, 2019

Landscape hero image of Fragomen New York Associate Rahul Soni

Country / Territory

  • United StatesUnited States

Related contacts

Porthole headshot image of Fragomen New York Associate Rahul Soni

Rahul Soni

Partner

New York, NY, United States

Email

[email protected]

T:+1 347 573 2996

Related offices

  • New York, NY

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Porthole headshot image of Fragomen New York Associate Rahul Soni

Rahul Soni

Partner

New York, NY, United States

Email

[email protected]

T:+1 347 573 2996

Related offices

  • New York, NY

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Porthole headshot image of Fragomen New York Associate Rahul Soni

Rahul Soni

Partner

New York, NY, United States

Email

[email protected]

T:+1 347 573 2996

Related offices

  • New York, NY

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

By: Rahul Soni

I have been practicing immigration law and working with private clients in the entertainment industry for a decade. I have practiced law and resided in both Los Angeles and New York – the two largest hubs in the United States for entertainment and sports. As such, many of my clients are high-profile entertainers and athletes, representing some of the world’s most brilliant individuals. I have been exposed to a vast amount of exceptionally talented foreign-born directors, producers, actors, models, scientists and athletes, all of whom are competing to demonstrate to the United States government that their accomplishments and achievements are worthy of a green card.

Foreign-born athletes prospectively immigrating to the United States have typically relied on talent-based green card options to persuade the United States Citizenship and Immigration Service (USCIS) that they are regarded as “extraordinary.” The USCIS defines “extraordinary ability” in athletics as an individual who has attained a level of “sustained national or international acclaim” and whose achievements are recognized through extensive documentation, including major media, awards and high-performing competition results. Historically, athletes who can demonstrate extraordinary accomplishments fall under a First Preference green card category and receive fast-track green card processing.

As this administration has further constricted immigration policies and processes, the smooth path to becoming a Permanent Resident of the United States has become increasingly difficult. Across the board, we have seen a slow-down in visa and green card processing times. This is no exception for a world-recognized athlete applying through this specialized green card category. For instance, an application that used to be adjudicated in a matter of months can now take well over two years. More critically, the exacting legal standards to which these prospective athletes are held are becoming increasingly blurred.

Many of the trends we have seen under the current administration appear to be aimed at slowing even legal immigration, with increasing denial rates as part of that trend. Under the First Preference (“Extraordinary Ability”) green card category (a category not only used by world-renowned athletes, but also individuals in the sciences, arts, education and business), the approval rate for individual petitions fell from 82.1% in 2016, to 69.4% in 2018, to 56.3% in 2019.[1] A drop of almost 26% in three years echoes the difference between the Obama and Trump eras, and emphasizes our country’s current stance on immigration.

Upon adjudicating the green card petition, the Immigration Officer has broad discretion to ask for more information, by issuing a request for additional evidence. The approval rating for petitions receiving such a request has also rapidly declined, from 47.8% in 2016 to 34.4% in 2019.[2]  While USCIS spokesperson Matthew Bourke has explained that such requests for evidence are “an additional opportunity to afford petitioners to submit requisite evidence to avoid being denied,”[3] the numbers speak for themselves and demonstrate a hard-line adjudication approach, evidently making it more difficult for foreign immigrants to access the United States, in spite of their many illustrious talents and achievements. In important ways, immigration policy changes that have flowed from the “Buy American, Hire American” Executive Order have made it more difficult for the United States to attract the world’s best, brightest and most skilled.

Similarly, the O-1 and P-1 visa options, temporary work visa options for highly accomplished athletes, are facing similar adjudication challenges. At the center of these visa applications is the administration’s position that individuals who used to qualify as having extraordinary ability in their athletic field no longer do. The Japanese Olympic gymnast is no longer considered extraordinary. The Swiss world-champion tennis player has not won enough grand slams. The Australian internationally renowned swimmer is no longer fast enough. The world’s top athletes can go on to win Olympic medals, but still face many impediments to reach the standards of the USCIS.

In this current climate, it is imperative to formulate case strategies to overcome the high hurdles set by the USCIS. At Fragomen, we encourage our private clients filing through the Extraordinary Ability green card category to collate as much press, media coverage, evidence of awards and evidence of high achievements in international competitions as possible, to offset the strict scrutiny we are seeing from adjudicating officers, and instead, present a fiercely compelling argument in favor of the individual’s truly extraordinary achievements. In addition, we often encourage athlete applicants to explore other nonimmigrant visa options first, including the O-1 visa, to set a precedent of “extraordinary ability” recognition and approval by USCIS. With one (or several) approved O-1 visa petitions, the applicant can facilitate the approvability of his or her subsequent green card petition. With these, and many other, carefully crafted legal strategies, we put our clients in the best possible position to become permanent residents, even in this turbulent political environment.

 

[1] U.S. Citizenship and Immigration Services (USCIS) Immigration and Citizenship Data https://www.uscis.gov/tools/reports-studies/immigration-forms-data

[2] As above.

[3] https://qz.com/india/1760097/in-trumps-us-the-h-1b-dream-has-become-a-bureaucratic-nightmare/

Country / Territory

  • United StatesUnited States

Related contacts

Porthole headshot image of Fragomen New York Associate Rahul Soni

Rahul Soni

Partner

New York, NY, United States

Email

[email protected]

T:+1 347 573 2996

Related offices

  • New York, NY

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Porthole headshot image of Fragomen New York Associate Rahul Soni

Rahul Soni

Partner

New York, NY, United States

Email

[email protected]

T:+1 347 573 2996

Related offices

  • New York, NY

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Porthole headshot image of Fragomen New York Associate Rahul Soni

Rahul Soni

Partner

New York, NY, United States

Email

[email protected]

T:+1 347 573 2996

Related offices

  • New York, NY

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Blog post

Costa Rica Family Relocation: Understanding Residency for Dependents

Immigration Director Adriana Martínez Garro explains the residency process in Costa Rica for families relocating with dependents, outlining key legal considerations and steps for securing status.

Learn more

Media mentions

Financial Times: Scientists Charged Too Much to Come to Work in UK, Says Royal Society

Fragomen contributed data showing how UK visa and health surcharge costs compare with other leading research nations.

Learn more

Fragomen news

Fragomen Contributes to Migration Observatory Report on Gender and Migration in the UK

Fragomen supported this report, which explores how gender shapes migration patterns, visa routes, employment and settlement in the UK.

Learn more

Blog post

Polish Citizenship Rules Under Review: What the Proposed Amendments Mean

Senior Associate Tomasz Rdzanek or Poland Immigration Strategy Director Tomasz Rogala discuss proposed changes to Poland’s citizenship law aimed at simplifying eligibility and clarifying naturalisation procedures for foreign nationals.

Learn more

Video

Oman Introduces a Golden Visa Program | #MobilityMinute

Manager David Makau discusses Oman's recent introduction of a Golden Visa program.

Learn more

Media mentions

The Stage: Actors, Dancers and Writers Set to Escape Visa Ban

Partner Louise Haycock highlights the inclusion of performing arts occupations on the temporary shortage list and what it means for international talent in the sector.

Learn more

Media mentions

Arts Professional: Creative Sector Must ‘Come Together’ to Give Artists Easier Access to Visas

Partner Louise Haycock highlights opportunities for easier access to overseas talent for the UK creative sector while guiding businesses through evolving visa rules.

Learn more

Blog post

British Citizenship for Adopted and Surrogate Children: What Families Should Know

Associate Amelia Haynes and Paralegal Clare Macmillan Bell discuss the legal considerations surrounding British citizenship for children born through adoption or surrogacy.

Learn more

Media mentions

Financial Times: Boom Time for Immigration Lawyers as US and UK Tighten Restrictions

Partner Bo Cooper provides insight on how evolving US and UK immigration policies, including recent H-1B changes, are shaping corporate mobility and compliance strategies.

Learn more

Video

Atividades Técnicas sob Status de Visitante | #MobilityMinute

O Diretor Executivo da Fragomen Brasil, Diogo Kloper, destaca uma atualização importante na política migratória brasileira, que muda significativamente o que estrangeiros podem fazer no país sob o status de visitante.

Learn more

Media mentions

Global Mobility Lawyer: Founders Without Frontiers: Navigating Immigration Rules for Start-Ups

Partner Rajiv Naik provides insight on how immigration frameworks across the UK, Europe and EMEA are evolving to support start-ups and entrepreneurial talent.

Learn more

Media mentions

The New York Times: Visiting the European Union? Expect to Give Your Biometric Data.

Partner Jo Antoons discusses the rollout of the EU's new Entry/Exit System.

Learn more

Blog post

Costa Rica Family Relocation: Understanding Residency for Dependents

Immigration Director Adriana Martínez Garro explains the residency process in Costa Rica for families relocating with dependents, outlining key legal considerations and steps for securing status.

Learn more

Media mentions

Financial Times: Scientists Charged Too Much to Come to Work in UK, Says Royal Society

Fragomen contributed data showing how UK visa and health surcharge costs compare with other leading research nations.

Learn more

Fragomen news

Fragomen Contributes to Migration Observatory Report on Gender and Migration in the UK

Fragomen supported this report, which explores how gender shapes migration patterns, visa routes, employment and settlement in the UK.

Learn more

Blog post

Polish Citizenship Rules Under Review: What the Proposed Amendments Mean

Senior Associate Tomasz Rdzanek or Poland Immigration Strategy Director Tomasz Rogala discuss proposed changes to Poland’s citizenship law aimed at simplifying eligibility and clarifying naturalisation procedures for foreign nationals.

Learn more

Video

Oman Introduces a Golden Visa Program | #MobilityMinute

Manager David Makau discusses Oman's recent introduction of a Golden Visa program.

Learn more

Media mentions

The Stage: Actors, Dancers and Writers Set to Escape Visa Ban

Partner Louise Haycock highlights the inclusion of performing arts occupations on the temporary shortage list and what it means for international talent in the sector.

Learn more

Media mentions

Arts Professional: Creative Sector Must ‘Come Together’ to Give Artists Easier Access to Visas

Partner Louise Haycock highlights opportunities for easier access to overseas talent for the UK creative sector while guiding businesses through evolving visa rules.

Learn more

Blog post

British Citizenship for Adopted and Surrogate Children: What Families Should Know

Associate Amelia Haynes and Paralegal Clare Macmillan Bell discuss the legal considerations surrounding British citizenship for children born through adoption or surrogacy.

Learn more

Media mentions

Financial Times: Boom Time for Immigration Lawyers as US and UK Tighten Restrictions

Partner Bo Cooper provides insight on how evolving US and UK immigration policies, including recent H-1B changes, are shaping corporate mobility and compliance strategies.

Learn more

Video

Atividades Técnicas sob Status de Visitante | #MobilityMinute

O Diretor Executivo da Fragomen Brasil, Diogo Kloper, destaca uma atualização importante na política migratória brasileira, que muda significativamente o que estrangeiros podem fazer no país sob o status de visitante.

Learn more

Media mentions

Global Mobility Lawyer: Founders Without Frontiers: Navigating Immigration Rules for Start-Ups

Partner Rajiv Naik provides insight on how immigration frameworks across the UK, Europe and EMEA are evolving to support start-ups and entrepreneurial talent.

Learn more

Media mentions

The New York Times: Visiting the European Union? Expect to Give Your Biometric Data.

Partner Jo Antoons discusses the rollout of the EU's new Entry/Exit System.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.