O-1A, O-1B or P-1 for multisport Athlete | Model | Influencer looking to compete in BareKnuckle Fighting Championship with previous overstay? The potential client is currently overseas, what to do? 

In this case, the O-1B visa is the most appropriate avenue to pursue with all factors considered. One might be inclined to deal first with the in admissibility issue due to the previous overstay but this is not the best course of action in our opinion for two reasons. 

• 
  The potential athlete client has already stayed outside of the United States for a considerable amount of time and has worked hard during that time to garner more attention
• The 212(F) waiver usually done for admission is not as strong as a 1212(2)(d)(3) waiver which is more powerful with a petitioner involved. The O-1 and P-1 visas must have a petitioner in the United States to file for the application. This means that there is a company in the United States that has an interest in  O-1 or P-1 being approved that can be presented to a congressional liaison if there is an issue at the consulate. This is far more persuasive than a B-1 visa

Why should this potential client pursue an O-1B visa rather than an O-1A or P-1 visa? 

Normally, the best course of action would be to pursue a P-1 visa because the Bare Knuckle Fighting Championship (“BKFC”) is known throughout the world and can support a P-1 visa itinerary for internationally recognized athletes. However, the sport is not one with international rankings and the potential client does not have an international ranking in the sport or a championship in combat sports. Thus it would be hard to establish two of the seven criteria for the P-1A visa. Normally, combat sports athletes are established under international rankings and significant awards. This is not possible in this circumstance. 

Next, we look at whether the O-1A or O-1B is more appropriate for this client. In general, the O-1B is easier to establish for persons that have popularity than the O-1A. The O-1B is appropriate for influencers that have streaming, television or other performance based experiences. The O-1A is for foreign nationals with extraordinary abilities that have risen to the very top of their field, which is the most difficult non-immigrant visa to obtain. So, in this case, the athlete does not have championships in the sport(s) they have competed or looking to compete in. However, they do have previous experience in major sporting events that are highly televised and do enjoy a large following on Instagram. Thus we are more able to make arguments for the O-1B visa eligibility criteria in a more persuasive fashion than O-1A. 

These eligibility criteria include the following: 

O-1B Nominated or receipt of awards in motion pictures or arts

Here while she might not have championships we can use placements on various cards and competitions to show nominations.

O-1B Leading role in events and productions

Again, placements on cards, competitions, and modeling gigs can be used here. 

O-1B Major or critically acclaimed success

Can use the success and reviews on the competitions and shows the potential client appeared to show critical acclaim/success.

O-1B Reviews in articles and publication

We can find articles about the potential client and the events she participated in to satisfy this category.

O-1B High remuneration

Can show that she was paid more than typical for persons in her circumstances in her country. 

O-1B Comparable Evidence

If the events, shows, or engagements she participated in won awards or satisfied these categories, we can use these under the comparable evidence category. 

This visa last 3 years and she can do a large variety of work in addition to fighting

https://www.sherrodsportsvisas.com/o1-or-p1-visa