Immigration and Esports: The Issue of Legitimacy and its Impact on the United States Visa Process
At the beginning of 2015, William “Leffen” Hjelte was on his way to becoming the greatest Super Smash Bros. player in the world. However, a twist of fate would derail Leffen’s career and throw him out of the race for champion of Super Smash Bros. On his way to the major US Super Smash Bros. tournament, Leffen, a Swedish resident, was deported and his visa request was denied. Later, Leffen revealed that the United States Citizenship and Immigration Services (“USCIS”) does not consider Super Smash Bros. a legitimate sport for purposes of the P-1A visa. This denial was detrimental to Leffen’s career. Forced to play primarily in Europe for more than a year, Leffen had virtually no access to US Super Smash Bros. competitions that often featured the best players, and he lost out on major tournament prize money. Moreover, Leffen was not allowed to train with US-based Super Smash Bros. players who comprise a majority of the top players in the world. Unable to practice with the world’s best players, Leffen’s skill level deteriorated and he was no longer the caliber of player that he was prior to his visa denial. Leffen’s struggles reflect issues that foreign Esports players face when trying to compete in the United States. Specifically, Leffen’s situation embodies the inconsistency and unpredictability of the US visa system as it pertains to admitting Esports players into the United States for competition. This Note will explain the source of this inconsistency and offer solutions to help ease the visa burden for Esports athletes. Specifically, this Note presents arguments that Esports are legitimate “sports” and Esports players are consequently “athletes” that should receive more consistent, favorable results when applying for P-1A visas. Additionally, this Note suggests certain mechanisms that the US Esports industry may utilize to help athletes qualify for P-1A visas in the future.
Recommended Citation: Noah Parson, Immigration and Esports: The Issue of Legitimacy and its Impact on the United States Visa Process, 43 Fordham Int'l L.J. 1187 (2020).