Esports and Immigration
By Bernabe Villegas
The following article is featured in the January 2020 special edition of The Campus, The Beaverbeat.
Esports is a growing billion-dollar globalindustry, and nearly half of it is centralized in the United States. Sincemajor competitions are hosted in the US, many professional foreign playersencounter challenges when competing here. There is a variety of visas thatforeign players can use for entry into the US: B-1, B-2, H-1B, O-1A, and P-1A.The most coveted types of visas for esports players are the O1-A and P-1A visasas they both apply specifically to international athletes. Whether esportsplayers are considered actual “athletes” has been hotly debated over the years.If esports professionals are not classified as “athletes,” then they do notqualify for “athlete” specific visas. Furthermore, not qualifying for thesevisas makes international esports players lives more difficult when competingin major competitions in the US. This situation can have a negative effect onthe US; esports titles would have to host more competitions overseas, denyingthe US of positive esports growth, and ultimately not stymieing economicbenefit to the US.
As of 2013, Riot Games successfullylobbied in support for recognizing esports players as athletes. Now, asrecognized athletes, esports players in League of Legends (Riot’s game)are eligible to enter the US with a P1-A visa. The P1-A visa allowsprofessional and amateur competitors to train and compete in the US. This typeof visa, however, has been hard to extend into other competitive esportstitles. Even gaining P1-A visas for League of Legends players has beenunpredictable, making players turn to the last resort: a B-1/B-2 visa. Trainingand competing under these visa categories places esports players in violationof the terms of these visas. Under these visas, esports players are not allowedto be employed and compensated while living in the US.
If esports is considered a sport and byextension, esports players are athletes, which visa is best for them? B-1/B-2visas would be out of the question, since esports players’ salaries far exceedthe allowed amount for these visas. The next type of visa is the H1-B, which isfor individuals who meet specific education requirements, type of occupation, andemployment in the US. Esports players would not qualify for this last visabecause many of them are teenagers/young adults who have either quit school orare still in school to pursue a career in esports. The O1-A visa, as opposed tothe P1-A visa, is for “outstanding individuals in their field of study andpractice.” The O1-A visa is extended to athletes, raising the question of whetheresports players are athletes. The term “athlete” is not a legally defined termwhen it comes to attaining these kinds of visas. In the end, I believe, as manyothers, that esports professionals should be considered athletes because of theamount of training and skill it takes to play a video game professionally.
There are also other distinctions betweenthe P1-A and O1-A visa. The P1-A visa allows for esports players to compete ina specific event. On the other hand, the O1-A visa can be used for up to threeyears. It is arguably easier to apply for and get a P1-A visa for a competitionby competition basis, as the O1-A visa requires more time and information thanthe P1-A. By attaining a O1-A visa, an esports athlete is able to apply for agreen card, which is a positive step towards their future careers as esportsplayers. To conclude, many teams rely on international talent to field theiresport teams. Various teams are putting in millions to attain these players andhave them signed to their teams. However, difficulty in attaining player visashas left esports teams less likely to sign talent from overseas. Questions suchas “why does someone need a visa to compete in an online game?” have come upfrequently, especially to immigration lawyer Genie Doi. This question comes outof the bigger misunderstanding that is yet to be fixed: “what is esports?”
