In 2014, opening day rosters in the National Basketball Association listed 101 players born outside the United States, Major League Baseball boasted 224 players from countries such as Japan, Korea, Dominican Republic, Venezuela, Japan, Cuba, and Mexico, not to mention the many players from other countries in the National Hockey League, Major League Soccer, and the developmental leagues of all of these major sports. As the world of sports continues to become more global, immigration has become even more essential to our professional sports leagues.

The five most common misunderstandings foreign professional athletes have about their immigration status include:

1) Careers are Short and So Are Grounds for Permanent Residence : Players who no longer compete at the highest level in their sports will be unable to obtain permanent residence based upon their abilities. Players no longer playing in their sport will be denied permanent residence for failure to demonstrate the continued ability in their area of extraordinary ability. Similarly, players often are only one bad season or injury away from losing their ability to remain in the U.S. on temporary visas. Therefore, they should consider filing for permanent residence early in their careers.

2) Family Matters, but Working is Another Matter: Families of foreign professional athletes cannot work in the United States unless they have their own basis for work authorization. By filing for permanent residence, however, the families of players can start businesses, seek employment, and have greater travel flexibility. Also, players who eventually become citizens can immediately petition to have parents join them in the United States.

3) Income Flexibility is Not Player’s Lot: Immigrant athletes generally can work only for a single employer. Other active business interests fall outside their authorized status. However, by obtaining permanent residence, the player is free to pursue business and employment opportunities like any other U.S. citizen.

4) Traveling with Ease May Have to Wait : U.S. immigration works on a series of complicated visas categories that often require several filings with the USCIS and DOS Visa limitations cause confusion and delay. Permanent residence, however, frees players from the burden of those filings and allows them to enter the United States faster and with less inspection by border officers.

5) Higher Standard of Behavior Is Expected: Immigration is a civil, rather than criminal, issue. Minor criminal issues or immigration violations can result in the denial of a visa or permanent residence for a player or family member. Immigrants are held to a higher standard. Issues that might result in a monetary fine for a U.S. citizen or permanent resident could mean a permanent bar or removal from the United States for an immigrant.

Working with experience immigration counsel can help players reduce the risks.

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Photo of Gregg E. Clifton Gregg E. Clifton

Gregg E. Clifton is a Principal in the Phoenix, Arizona, office of Jackson Lewis P.C. He is Co-Leader of the Collegiate and Professional Sports Practice Group and serves as the editor of the firm’s sports law blog.

Mr. Clifton has extensive experience in…

Gregg E. Clifton is a Principal in the Phoenix, Arizona, office of Jackson Lewis P.C. He is Co-Leader of the Collegiate and Professional Sports Practice Group and serves as the editor of the firm’s sports law blog.

Mr. Clifton has extensive experience in the collegiate and professional sports world. He has advised numerous professional franchises on general labor and employment issues, including Title III ADA regulatory compliance and wage and hour issues. He serves as lead counsel for several Major League Baseball teams in their salary arbitration matters and has represented NCAA and NAIA collegiate clients regarding rules compliance, investigatory matters and in disciplinary hearings. In addition, he has handled Title IX investigations and compliance issues for NCAA and NAIA member institutions. Mr. Clifton has also worked extensively in the area of agent regulation and enforcement in professional and college sports and regularly provides counsel on issues relating to NCAA and NAIA amateurism issues and athlete eligibility questions. He has also served as an expert witness in matters involving sports agents’ work and responsibilities, as well as athlete compensation issues.

Prior to joining Jackson Lewis, he spent six years as Chief Operating Officer and Vice President of Team Sports for Gaylord Sports Management. He also served as President of the Athlete and Entertainment Division for famed sports attorney Bob Woolf’s firm, Woolf Associates, in Boston.

Mr. Clifton began his career as an Associate at Jackson Lewis where he focused his practice on traditional labor law. He continues to counsel clients in the areas of collective bargaining negotiations, representation cases, arbitrations and National Labor Relations Board matters.

Mr. Clifton frequently serves as an expert speaker to law schools, including Harvard University, Boston College, Hofstra University and Arizona State University, and bar associations regarding sports law issues, including agent regulation and salary arbitration. He is also often cited as an expert source in national news media for his commentary and opinion on legal issues in sports.