Immigration Issues in Boxing

How to Obtain a Visa to Join Boxing’s American Express

In Honor of Roy Jones, Jr.’s Debut on 8 Count News, a Quick Look Behind the Prospective Immigration Issues Surrounding Square Ring’s Acquisition of Ismayl (The Black Russian) Sillakh and Other Similar Situations

Within the past month alone, many professional boxers who are not U.S. citizens have either competed in boxing matches or have signed promotional agreements with American promoters. Foreign-born prospects Ji-Hoon Kim, Ruslan Provodnikov, and Maxim Vlasov all scored important wins on the February 12, 2010 ESPN Friday Night Fights card at the Pechanga Resort & Casino in Temecula, California; the Germany-based, Ukrainian-born WBO Junior Middleweight Champion Sergiy Dzinziruk signed a joint promotional agreement with Banner Promotions and Gary Shaw Productions; Britain’s Amir Khan signed a co-promotional agreement with Golden Boy Promotions with an eye towards his U.S. debut; the Russian-born Matvey Korobov continued his march towards middleweight contention with a first round knockout win at the Las Vegas Hilton on February 13, 2010 on the undercard of Filipino Nonito Donaire’s third round destruction of Mexican contender Manuel Vargas; and Roy Jones, Jr.’s Square Ring Promotions signed undefeated Ukrainian-born light heavyweight prospect Ismayl (The Black Russian) Sillakh, 11-0 (10 KOs), to name a few examples. A common thread connects each of these boxers, and a myriad of others: each of them requires a visa to train, live, and/or box in the United States. In boxing, between the lack of a central infrastructure and relative anonymity of its competitors versus those in other sports, the granting of a visa to a given athlete is no sure thing, especially one that permits the boxer to live and train in the United States between fights. The question is thus begged as to what a boxer and his team have to do to obtain a visa and follow the yellow brick road to United States paydays and notoriety. An analysis of the different prospective visas and their requirements follows, using Sillakh, our new columnist’s latest charge, as an example throughout.

Factors to Consider When Deciding Which Visa is Best for Your Boxer

In determining the best visa option for a foreign boxer, one must consider the following factors: (1) the boxer’s intended purpose in the U.S. whether it be training or competing; (2) the duration of stay in the U.S. such as short-term (less than 3 or 6 months) or long-term (over 6 months); (3) the boxer’s country of origin; and (4) the international skill level and development stage of the boxer’s professional career.


The Prospective Visas for a Foreign-Born Professional Boxer

Visa Waiver Program (VWP)

If a professional boxer intends to train or compete in the U.S. for a short duration of time (i.e. less than 90 days) and is a citizen/national of the following countries, he DOES NOT need to obtain a visa to travel to the U.S.:

Andorra, Australia, Austria, Belgium, Brunei, Czech Republic, Denmark, Estonia, Finland, France, Germany, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovakia, Slovenia, South Korea, Spain, Sweden, Switzerland, The United Kingdom.

In order to travel under the Visa Waiver Program, a foreign-based professional boxer must possess a machine-readable passport and obtain advance authorization from the Department of Homeland Security through the Electronic System for Travel Authorization (ESTA) website. Upon arrival in the U.S., the boxer must present a completed and signed I-94W Nonimmigrant Visa Waiver Arrival-Departure Record to U.S. officials at the port of entry. The drawback of the Visa Waiver Program is that the duration of stay is strictly limited to 90 days and he cannot change or extend his status in the U.S. Further, it is important to note that a professional boxer is not authorized to engage in any type of employment or receive any remuneration for his professional services while in the U.S. under the Visa Waiver Program. However, it can be argued that he can receive prize money or a purse for participation in a professional boxing event under 9 FAM 41.31 N9.4.*

Applying the above qualifications to Sillakh, it is plain that he is not eligible to box in the United States under the Visa Waiver Program, as he is from Ukraine and not one of the countries listed above. If, however, Britain’s Frankie Gavin, or Japan’s Koki Kameda wished to fight in the United States, their respective citizenships render them eligible for the Visa Waiver Program.

B1/B2 Business or Tourist Visa

If a foreign-born professional boxer is not from one of the countries listed under the Visa Waiver Program, then he must obtain a visa from the U.S. Embassy in his home country. The B1/B2 business or tourist visa serves the same purposes, yet holds the same restrictions, as listed above under the Visa Waiver Program, except that the applicant is often issued a longer duration of stay, usually for up to 6 months at a time. The advantage of entering on a B1/B2 visa over the Visa Waiver Program is that an applicant is allowed to change or extend his status while in the United States.

In obtaining a B1/B2 visa at the U.S. embassy, under 9 FAM 41.31 N.1, an applicant has to prove that he has a residence in his home country that he does not intend to abandon; intends to enter the U.S. for a specific limited duration (such as to train or compete in professional bout); and seeks admission for the sole purpose of engaging in legitimate activities related to business or pleasure. A professional boxer from an impoverished or underdeveloped country often has a difficult time proving to a U.S. Embassy officer that he intends to return to his home country due to limited financial, social, and property ties, which often results in a high rate of visa denial. As such, it is extremely important that the applicant seeks the advice of competent advisor or U.S. immigration attorney that can help him compile a persuasive visa package to present to the U.S. embassy officer.

Using Sillakh as an example, if he continued to train primarily in Ukraine, rather than California, he would be able to obtain a B1/B2 visa so long as he did not intend to abandon his primary residence in Ukraine, intended to enter the United States for a specific bout, such as his upcoming appearance on the undercard of Jones’ rematch with Bernard Hopkins, and sought admission into the United States solely for the purpose of preparing and participating in his undercard bout.

P-1 Athletes/Entertainer Visa

The P-1 visa allows a professional boxer to enter the U.S. temporarily to perform at a specific athletic competition as an athlete, individually or as part of a group or team, at an internationally recognized level of performance. The P-1 visa is typically valid for five years with an option to renew for another five years. This visa is conducive for the professional boxer who wants to stay in the U.S. for a longer period of time and further develop his professional career. Unlike the VWP and B1/B2 visas above, a U.S. agent (such as a trainer, manager, or promotional company) must petition for (i.e. sponsor) the particular professional boxer’s visa. The boxer is then bound to that petitioner unless a new petition is filed by a different agent.


According to 8 C.F.R. §§214.2(p)(2) and p(4),** the documents required in support of the P-1 visa include a written advisory opinion from the appropriate labor organization (which evaluates the boxer’s ability, comments on his international recognition, and states whether services being performed are appropriate for an internationally recognized athlete); a tendered contract with a recognizable boxing manager or promoter that are commensurate with international recognition in the sport; and evidence of at least two of the following:

· Significant participation in a prior season with a major U.S. sports league;

· Participation in international competition with a national team;

· Significant participation in a prior season for a U.S. college or university in intercollegiate competition;

· A written statement from a U.S. official in the sport detailing how the individual or team is internationally recognized;

· A written statement from an expert or sports media detailing how the individual or team is internationally recognized;

· Evidence as to the individual’s or team’s ranking; or

· Evidence of a significant honor or award in the sport.


The P-1 visa is a great option for boxing promoters, managers, or trainers who are aware of a foreign-born professional boxer who plainly possesses a high degree of talent and skill in the sport of boxing and is recognized at an international level. This visa is also a great steppingstone for an outstanding international amateur boxer who seeks to turn professional in the U.S. or a professional boxer who has excelled early in his professional career and seeks to further develop his career in the U.S.


Sillakh is a model candidate for a P-1 visa. As an amateur, Sillakh fought for Ukraine in numerous international competitions, including the Under 17 World Championships, the World Amateur Boxing Championships, and the European Championships. Sillakh won medals in each of these competitions, with a gold medal in the 2001 Under 17 World Championships, a silver medal in the 2005 World Amateur Championships, and a silver medal in the 2006 European Championships. His participation in each competition as part of the Ukrainian national team and his awards in each alone are theoretically enough to satisfy the above-detailed criteria for a P-1 visa. And, of course, Sillakh already has a sponsor: Square Ring Promotions.


O-1 Extraordinary Ability Visa

The O-1 classification is an employment-based visa that allows foreign nationals who have extraordinary ability in the sciences, arts, education, business, or athletics, as demonstrated by sustained national or international acclaim, and who are coming to the U.S. on a temporary basis to continue working in their area of extraordinary ability. An O-1 visa is initially granted for up to three years and can be extended for one year at a time with no limit to the number of extensions that may be granted.

This visa is considered the “cream of the crop” visa category for professional boxers in that it immediately recognizes the boxer as an elite athlete and allows for a more infinite duration of stay. Further, it also serves as a great pathway towards obtaining a green card in the United States. Like the P-1 visa, the O-1 requires a sponsorship by a U.S. agent (such as a trainer, manager, or promotional company).

The documents required in support of the O-1 visa are similar to those required for a P-1 visa. Pursuant to 8 C.F.R. §§214.2(o)(3), an O-1 petition must include a written advisory opinion from the appropriate labor organization or peer group (which evaluates the boxer’s extraordinary ability); a tendered contract with a recognizable boxing manager or promoter that summarizes the terms of the agreement under which the boxer will be employed; evidence that the boxer has received a significant national or international awards or prizes in the particular field, such as a world title; and evidence of at least three of the following:

* Documentation of the alien's receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
* Documentation of the alien's membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;
* Published material in professional or major trade publications or major media about the alien, relating to the alien's work in the field for which classification is sought, which shall include the title, date, and author of such published material, and any necessary translation;
* Evidence of the alien's participation on a panel, or individually, as a judge of the work of others in the same or in an allied field of specialization to that for which classification is sought;
* Evidence of the alien's original scientific, scholarly, or business-related contributions of major significance in the field;
* Evidence of the alien's authorship of scholarly articles in the field, in professional journals, or other major media;
* Evidence that the alien has been employed in a critical or essential capacity for organizations and establishments that have a distinguished reputation;
* Evidence that the alien has either commanded a high salary or will command a high salary or other remuneration for services, evidenced by contracts or other reliable evidence.


While the benefits of obtaining the O-1 visa are quite lucrative, the standards are very high and the petition is likely to be scrutinized by U.S. Citizenship and Immigration Services. As such, it is highly recommended that one seek the advice of a competent and experienced U.S. immigration attorney before pursuing an O-1 visa.


Employing Sillakh as an example once again, to obtain an O-1 visa, Sillakh might demonstrate that he will perform as a “lead or starring participant” in professional boxing cards under the Square Ring Promotions banner (as he would have to demonstrate with a copy of the promotional agreement from Square Ring), show that he has received “significant recognition” for his achievements as an amateur, such as the medals he won (and indicate the amateur governing bodies’ authority, expertise, and knowledge), and show that he will receive “substantial remuneration” for his services as a professional boxer in relation to fellow boxers pursuant to his promotional agreement with Square Ring Promotions and/or from any money he is provided between fights by his manager, Ivalyo Gotzev.


In short, if the professional boxer seeks to enter the U.S. for a limited time or purpose, the VWP or B1/B2 visa are the most cost-effective and efficient visas to pursue. However, if the purpose of the boxer is to stay for an extensive period of time and further develop his professional boxing career in the United States, or he is already recognized as an elite athlete, then the P-1 or O-1 visa is the more fitting visa.

What if the Boxer Wants to Modify the Terms of His Immigration Status in the United States?

It is important to note that non-immigrant visas are merely “accepted invitations” to the United States and the boxer will still have to make it past the review/inspection of U.S. Customs and Border Patrol at the airport (i.e. the “bouncers”). Once in the United States, situations or circumstances may change which, in turn, alter the plans of a particular boxer and prompt him to pursue other routes to either change or extend his status. Further, if a professional boxer comes from a country of past persecution or well-founded fear of persecution if he were to return to his home country, he may be eligible to remain in the U.S. if he applies for asylum or for the withholding of removal. A perfect example of such a situation comes from WBA world featherweight champion Yuriorkis Gamboa. Gamboa, a citizen of Cuba, is eligible to apply for asylum in the United States because he is fleeing the oppressive Communist regime of Fidel Castro.


How to Put Your Visa Down for the Count


Lastly, it must be noted that certain criminal offenses and convictions can affect a boxer’s ability to obtain a visa or even remain in the United States. A simple offense such as drug possession, theft, domestic assault, fraud, or even more serious crimes can render a foreign national deportable under the U.S. immigration laws and end their U.S. campaign in one fell swoop. For an example of how legal problems can imperil your visa status in the United States, we need not look back to Sillakh, but rather towards WBC lightweight champion Edwin Valero. Valero ran into problems with his visa following an arresting for driving under the influence in Las Vegas. He thus wound up in Mexico for his recent title defense against Antonio DeMarco, rather than in the United States. Moral of the story: it is very important for a professional boxer to exert and maintain good behavior and abstain from negative influences if he wants to live the “American Dream” of achieving national and international recognition based on his boxing skill, talent, and performances in the United States.