Sports

Partner Colleen Caden, Chair of Pryor Cashman’s Immigration Group, spoke to Law360 for its article, “Gold Medalist's Green Card Loss Shows Hazards For Coaches.” The article appeared on September 21, 2015.

A district court’s refusal to overturn a green card denial for an Olympic gold medal-winning gymnast is a stern reminder of the challenges athletes face when hoping to work permanently in the U.S. as coaches, underscoring the importance of applying while sports stars are still competing, experts say.  Twenty-seven years after Natalia Laschonava won a gold medal in gymnastics for the Soviet Union, she suffered a stinging loss in Ohio federal court when U.S. District Judge Algenon Marbley declined to reverse the denial of a green card application filed on her behalf by a training facility.

While Laschonava had been seeking a visa to work as a coach, her former employer filed the petition based her on extraordinary ability in gymnastics, according to the court.  U.S. Citizenship and Immigration Services disagreed with this approach, saying the company hadn’t provided enough evidence of her sustained acclaim as a coach.  Caden stated that even rookies should be educated about their green card options, and how the ruling highlighted the importance of consulting with professional athlete clients on how the process works. 

Since it can be hard for athletes to build fame in the coaching arena, experts recommend they apply for green cards while they’re still competing, allowing athletes to point to their sports achievements as proof of extraordinary ability.  According to Caden, their lengthy wait times can add a risk that the foreign coach many not have a job when the petition is finally adjudicated.

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