Colleen Caden, Pryor Cashman Partner and Chair of the firm’s Immigration Group, was quoted in the Society for Human Resource Management’s article, “NBA Lockout Raises Immigration Questions.”

According to the October 14, 2011 article, professional athletes from other countries typically use the P-1 visa, and during a strike, workers on P-1 visas are allowed to remain in the United States. However, if they travel abroad and attempt to reenter the U.S., they will be barred reentry because the players have to be returning to do the work they are supposed to do under their visa. The NBA lockout is a work stoppage for professional athletes and means players are no longer performing services for the team.

Caden confirmed these claims, adding, that the same rule applies to workers on H-1B visas during work stoppages. Furthermore, she added, once there is a lockout, there may be no communication between the teams and players and she would not be surprised if foreign players sought their own legal advice.

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