By Jeffrey Binder of Jeffrey Binder Law. Disclaimer: Visa application process and eligibility criteria may be subject to changes that are out of USA Fencing’s control.

These are undoubtedly difficult times for anyone, or any entity, trying to navigate the United States immigration system. For fencing clubs and NCAA programs, their economic success often hinges on whether or not they can attract (and retain) high level coaches. As a fencing parent and an immigration attorney, I have helped numerous fencing clubs through the process of securing authorization from the United States Customs and Immigration Service (USCIS) for expert, foreign-born, coaches to come here and help elevate American fencing alongside their U.S.-born colleagues who contribute greatly as well.  

Because our immigration laws are complex and often illogical, I thought it would be helpful to outline the process for bringing a fencing coach who has extraordinary ability to the U.S. -- notwithstanding the current administration’s hostility toward undocumented immigrants, there are still opportunities for fencing clubs around the country to enhance their coaching staff with talent from abroad. Here’s an outline of the process for obtaining an O-1 Visa: 

The O-1 visa is a prestigious U.S. nonimmigrant visa designed for individuals with extraordinary abilities in fields like athletics, making it an ideal option for experienced fencing coaches from other countries. To secure approval from USCIS, applicants must meet stringent criteria and provide substantial evidence of their expertise and accomplishments.  

To qualify for an O-1 visa, the applicant must demonstrate extraordinary ability in their field, defined as being among the small percentage who have risen to the very top of their profession. For a fencing coach, this involves sustained national or international acclaim and recognition from a combination of coaching, refereeing, and competing as an athlete.  

Evidence can include: 

• Awards and Honors: Recognition such as coaching athletes who have won major international competitions or receiving prestigious coaching awards. 
• Media Coverage: Articles or profiles in publications highlighting the coach’s achievements – these could include personal profiles or accounts of  high level competition results from the coach’s students and coached teams. 
• Expert Endorsements: Letters from distinguished peers, such as Olympic-level coaches, leadership of USA Fencing, the U.S. Fencing Coaches Association, the U.S. Fencing Association Hall of Fame, and coaches from elite NCAA fencing programs attesting to the coach’s expertise. 
• Memberships: Being part of exclusive coaching organizations that require significant achievements for entry. 
• Performance Records: Documented success in coaching athletes or teams that have achieved notable results in national or international competitions. High level refereeing at the FIE level fits into this category as well. 

Applicants must meet at least three of these criteria if they do not possess a single major internationally recognized award –like a medal from the Olympics or World Championships. 

A U.S.-based sponsor is essential for the O-1 application. Sponsors can include: 

• Fencing clubs or training facilities hiring the coach. 
• Sports agents managing multiple engagements for the coach. 
• U.S. agents acting on behalf of foreign employers. 

The sponsor must file Form I-129 with USCIS, outlining the coach’s employment details, including job duties, contract terms, and how the role aligns with his/her extraordinary ability. 

The process involves several steps: 

1. Document Preparation: The applicant gathers evidence of their extraordinary ability, including awards, endorsements, media coverage, and contracts. This step can take weeks to months depending on the complexity of the case. 
2. Form I-129 Filing: The sponsor submits Form I-129 along with supporting documents to USCIS. This includes an advisory opinion letter from a peer organization or expert confirming the applicant’s qualifications. 
3. USCIS Review: Regular processing takes 2–4 months, but premium processing (15 days) is available for faster results. 
4. Consular Interview (if applicable): If outside the U.S., the applicant attends a visa interview at a U.S. consulate. If the applicant is already in the United States on a different kind of visa, his/her status will be changed by USCIS once shortly after the case is approved  

Once an O-1 visa is approved, it is initially valid for a maximum period of up to three years, depending on the time required to complete the specific work-related event or activity listed in the petition. After the initial period, the visa can be extended in one-year increments.  

Securing an O-1 visa requires careful documentation and strategic presentation of evidence. Coaches transitioning from professional athletic careers may benefit from recent USCIS policy updates that consider shared skill sets between athletic performance and coaching roles. Additionally, expert opinion letters play a crucial role in substantiating claims of extraordinary ability. 

In summary, obtaining an O-1 visa as a fencing coach demands proof of exceptional achievements, strong sponsorship, and careful adherence to USCIS guidelines. With thorough preparation and expert legal assistance, experienced fencing coaches can successfully navigate this process to bring their talents to the United States.  

By Jeffrey Binder, Esq (Father of two accomplished foil fencers from New York: Sylvie Binder and Zach Binder)