Immigration in the Equine Industry

Basic Visa Options, a Primer

 

By Peter Sacopulos, Esq.

 

In answering these questions for my clients, I have found there are six basic Visa options that address the majority of the equine immigration issues. A primer or overview of these six basic Visa options follows. First is the B-1 Visa. This Visa is temporary and is for visitors to our country. A foreign national entering the United States on a B-1 Visa is not allowed to engage in productive work; he or she is here simply to visit. B-1 Visas are often granted to race track personnel such as jockeys, trainers and groomers who wish to come to the United States and observe. As a general rule, a B-1 Visa is granted for a relatively short amount of time, usually 3-6 months.

The second option is the H-1B Visa. This, like the B1 Visa is temporary in nature. However, it is distinct from the B-1 Visa in that the H-1B Visa allows the person to whom it is awarded to perform professional temporary work. To successfully apply for and be granted an H-1B Visa, the applicant must possess a bachelor’s degree or its equivalent. For example, an H-1B is appropriate for a general manager or chief financial officer of a large farm or horse operation. Also, the person seeking the H-1B Visa must have a prearranged position of employment and the applicant’s prospective employer must agree to compensate the applicant at the prevailing wage. The number of H-1B Visas is capped each year and it is common that number of H-1B applications received the first days or week will far exceed far exceed the number issued. Finally, the H-1B Visa is granted for a fixed, temporary period of time that being usually three to six years. The maximum time an H-1B is granted is six years and, on a limited basis, an H-1B Visa may be renewed through an additional application process.

If the objective is to bring a foreign national to the United States to perform temporary work but the foreign national is not a professional, then a viable option is the H-2B Visa. The H-2B Visa allows the beneficiary to work in the United States on a temporary basis. This is a temporary work Visa based on a one time, seasonal, peak or intermittent employer need. An advantage of the H-2B Visa is that it does allow the beneficiary to perform work, on a temporary basis, at multiple or different locations. To secure the H-2B Visa, the applicant must also obtain a Temporary Labor Certificate. The H-2B allows admission for up to one year, but the Visa may be limited by the validity of the Labor Certificate. The H-2B Visa is subject to extension past the initial year and may be extended up to a total of three years. Like the H-1B Visa, the numbers of H-2B Visas issued each year are limited and there are far more applications received than Visas issued.

The forth Visa option for foreign nationals seeking admission to the US to work, is the H-3 Visa. The H-3 Visa can be thought of as the professional temporary trainee Visa. The beneficiary of an H-3 Visa is required to participate in a US based training program. As such, exercise riders or assistant trainers often apply for an H-3 Visa. The recipient of an H-3 Visa may, in addition to performing temporary work, and attending training programs, also participate in classroom instructions. To secure H-3 Visa status, the applicant must show that the training sought is not available in their home country, how the training will benefit the applicant in pursuing a career in their home country and how their employer or organization will pay for the cost of providing the applicant training without actually employing the applicant. There is an eighteen (18) month limitation on the stay in the United States for one awarded H-3 Visa status.

If the foreign national seeking admission into the United States desires to establish a business such as stable or training operation, and wishes to stay indefinitely, he or she would likely need to qualify for an E Visa. The E Visa is a professional, temporary work Visa and is unique in that E Visas are only issued to foreign nationals from a country that is a party to a treaty with the United States. Therefore, to secure E Visa status, the applicant must be a national of a treaty country and have, as its purpose in his or her purpose in visiting the United States, to fulfill a role as an executive, essentially skilled and highly trained technician, or start-up entrepreneur. Further, those applying for E Visa status, must provide some evidence of their ability to make a substantial investment in a business that they intend to start or establish and ultimately operate here in the United States.

Many jockeys riding in the United States enter on a P-1 Visa. The P-1 Visa is a professional, temporary work Visa for athletes and group entertainers that are ‘internationally recognized.” The P-1Visa is awarded to foreign nationals entering the United States solely to perform/ride in a competition/race event. The review process for the P-1 Visa involves a peer review consultation wherein the accomplishments of the jockey or applicant are reviewed as is documentation submitted on behalf of the applicant, such as his or her involvement in professional organizations such as jockey clubs or jockey guilds. Following the peer review consultation, a written advisory opinion is issued and, as general rule, must be favorable for the secure a P-1 Visa. Finally, the P-1 Visa has an extended but limited life; ten years for an athlete/jockey.

Horse racing is international in scope and many issues involving immigration and specifically Visa option and selection are ever present. The importance of selecting and applying for the proper Visa both increases the probability of a successful application and the avoidance of missteps, time, money and effort.

Peter Sacopulos owns and operates Green Gables Stud, Clay County, Ind., with his wife, Melony. Peter and Melony’s daughters, Ali and Olivia, assist in the business. In addition, Peter Sacopulos is an Attorney practicing law in Terre Haute, Ind. with the firm of Sacopulos, Johnson & Sacopulos. Representing clients with equine legal issues is a growing part of his practice. 

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