Insight
April 30, 2015
Broken Immigration System Affects Professional Athletes Too
Old, young, rich, or poor, the nation’s broken immigration system affects all walks of life. Even if you’re a millionaire, the top one percent, and your employer is a billionaire, you can still run into hurdles with the immigration system. Just ask the following professional athletes who couldn’t start the season or spring training because of “visa issues.”
Former Washington Nationals All-Star closer Rafael Soriano,[1] who was paid $11 million in 2014 had “visa issues” recently. Despite his reputation and his salary, the All-Star Soriano was delayed entry into the U.S. in 2013 in part because he moved from the New York Yankees to the Washington Nationals, a change of employer. According to current law, even though Soriano had already completed the required I-129 form, he was forced to submit another one when he “changed jobs” and moved to the Nats. As the administration notes, “You may not commence employment with the new employer until the Form I-129 has been approved.”
Kendrys Morales,[2] currently of the Kansas City Royals, had his entry into Major League Baseball delayed in 2005. Morales, who finished fifth in MVP voting in 2009, and first came to the U.S. on a raft after his escape from Cuba, made $7.4 million last year.
Former Mariners All-Star Jose Lopez was detained in Venezuela in 2008 because of “visa issues,” two years after his breakout season. Lopez earned $1.7 million in 2008.[3]
In one near miss, it took the intervention of Senator Charles Schumer (D-NY) to expedite the visa of Masahiro Tanaka from Japan. In the offseason, Tanaka had signed a seven-year, $155 million contract. Despite his employer, wealth, and ample supply of immigration attorneys, “paperwork delays” at the Department of Homeland Security (DHS) still almost prevented timely entry into the U.S. Luckily for him, Senator Schumer, a “lifelong Yankee fan,” was able to help. For millions of other qualified and highly-skilled immigrants, the story rarely leads to a happy ending.
The following athletes also had “visa issues” delaying their professional service:
- Jose Constanza, Wirfin Obispo, and Dian Toscano of the Atlanta Braves, the latter of whom just signed a four-year, $6 million contract during the offseason;
- Kendry Flores of the Miami Marlins;
- Juan Sandoval of the Tampa Bay Rays; and
- Alex Colome of the Rays.
The Paperwork
Annually, there are about 2,000 applications for “Alien Employment Certification.” According to the administration, the forms are needed for the “professional athlete permanent labor certification program.” Athletes and teams must complete the ETA 750 Parts A and B, both of which average 1.5 hours to complete. Submissions must include, “press clippings of the athletes, sports team contracts, off-season employment letter, and notice of filing.” One can only imagine what a mundane filing of an All-Star might resemble.
Strangely, parts A and B of ETA 750 are available online, but cannot be submitted electronically. Part A, a three-page form that the immigrant submits, and Part B, a statement of qualifications of the athlete are both available here, but omitted from the endless list of forms on DHS’s website. Even more puzzling, the administration lists no cost for the completion of these forms by immigrants and professional sports franchises. The legal burdens, time costs, and foregone playing time of athletes doubtless have tremendous costs that regulators have ignored to this point.
Broadly, professional athletes fall under the P-1 Visa system, which comprises “Internationally Recognized Athletes” and “Members of an Internationally Recognized Entertainment Group.” The denial rate for these visas is higher than one might initially suspect. According to government data from the past five years, more than 24,000 athletes or musicians have been initially denied entry into the U.S. This is a 27.4 percent increase from the previous five-year period. During the Bush Administration, the denial rate averaged 12.8 percent, but has since increased under the Obama Administration to 16.4 percent. However, there are no immediate explanations for why the current administration has denied professional visas at a higher rate.
In conclusion, whether an immigrant seeks temporary agricultural labor during the harvesting season or plans to make millions of dollars during the baseball season, the nation’s broken immigration system can prevent anyone from making a living and contributing to the U.S. economy.
