International sports & entertainment lawyers with extensive experience helping athletes, artists, and performers realize their professional goals in the United States and Europe. At Mercado & Rengel, we understand the unique legal needs of clients in the sports & entertainment industries and provide strategic representation tailored to their careers.
Today, more gifted athletes than ever are being recruited from all over the world to play professional sports like soccer, basketball, baseball, football and others in the U.S. In addition, because of top-notch training facilities throughout the U.S., many athletes are relocating in order to train for national and international competitions. There are also many athletes who simply want to experience the American style of living for themselves and their families.
We at Mercado & Rengel have been helping athletes and entertainers realize their dreams of performing or competing in the U.S. for many years. In our sports and entertainment practice we are able to handle all areas of law that surround sports, specifically contracts, intellectual property, negotiations, litigation, and the like.
Our team provides full-service legal support across sports immigration, entertainment industry legal services, and contract negotiation for athletes and performers. We advise professional soccer players, entertainers, directors, actors, and artists on immigration matters, complex contract review, intellectual property rights, and sponsorship negotiations to help them establish or advance their careers internationally.
We have successfully assisted clients with challenging immigration cases, combining expert immigration and relocation services with comprehensive support for life transitions such as home purchasing and U.S. investments. Our representation is conducted with utmost discretion and personalized attention.
An EB-1 visa is available to foreign nationals with extraordinary ability in the sciences, arts, education, business, or athletics who seek to obtain permanent residence (green card) in the United States. This category is widely regarded as the gold standard of U.S. employment-based immigrant visas and is designed for individuals who have achieved national or international recognition in their field, including professional athletes, performers, scientists, outstanding professors and researchers, and senior executives.
One of the principal advantages of the EB-1 visa is that it does not require a labor certification or a specific job offer from a U.S. employer. Instead, the applicant must demonstrate an intention to continue working in the field in which they possess extraordinary ability upon entering the United States.
To qualify, applicants must establish that they have sustained national or international acclaim and that their achievements have been recognized within their field through extensive and credible documentation. This standard requires evidence of a career marked by distinction, leadership, and significant professional impact.
In the case of professional athletes, eligibility for the EB-1 visa requires proof of sustained national or international recognition and a record of accomplishments demonstrating excellence at the highest level of the sport.
At Mercado & Rengel, we have successfully represented numerous clients in EB-1 petitions across a range of disciplines. Our team can assist you in evaluating your eligibility and guiding you through the process of securing permanent residence in the United States.
The EB-2 and EB-3 visas are employment-based immigrant visa categories that allow foreign nationals to obtain permanent residence (green card) in the United States through employer sponsorship.
The EB-2 visa is available to professionals with advanced degrees or individuals with exceptional ability in their field. Professionals with advanced degrees generally include individuals holding a master’s or doctoral degree, or, in certain cases, a bachelor’s degree combined with at least five years of progressive work experience in the same field. Individuals with exceptional ability are those who demonstrate a high level of professional achievement, though the standard is slightly lower than the “extraordinary ability” threshold required for the EB-1 category.
The EB-3 visa applies to three groups of workers: professionals, skilled workers, and unskilled workers. Professional workers are employed in positions that normally require at least a bachelor’s degree. Skilled workers perform jobs that typically require a minimum of two years of training or work experience. Unskilled workers occupy positions that require less than two years of training or prior experience.
The application process for EB-2 and EB-3 visas is largely similar. In most cases, a U.S. employer must agree to sponsor the foreign national. The sponsoring employer may be a company where the individual is already employed under a temporary visa, such as an H-1B, or a company that intends to employ the individual once permanent residence is approved.
The sponsoring employer is referred to as the petitioner, as it submits the immigrant petition on behalf of the foreign national. The foreign national is known as the beneficiary, as they receive the immigration benefit once the petition is approved.
For both EB-2 and EB-3 categories, the employer is generally required to complete the PERM labor certification process (Program for Electronic Review Management). This process requires the employer to demonstrate that there are no qualified and available U.S. workers for the position by conducting recruitment efforts, including job advertisements and formal hiring procedures, and documenting the results of those efforts.
At Mercado & Rengel, we advise employers and foreign professionals throughout the EB-2 and EB-3 process, from eligibility analysis and labor certification strategy to petition filing and permanent residence approval.
The third category of employment visas, EB-3, is for professional workers, skilled workers, and unskilled workers. “Professional workers” are workers in positions that normally require a Bachelor´s degree. “Skilled workers” are workers in positions that normally require at least two years of professional training or work experience. “Unskilled workers” are workers in positions that normally require less than two years of training or prior work experience.
The procedures for filing EB-2 and EB-3 visa applications are very similar. Normally, a U.S. business must agree to serve as the employer. The employer can be a business where the foreign is currently employed (usually with a temporary visa, such as an H-1B Visa) or it can be a business that does not currently employ the foreign worker, but would like to employ the worker in the future when their visa is approved.
The employer is also sometimes called the “petitioner,” because the employer signs and submits a “petition” (application) with the government on behalf of the foreign worker. The foreign worker is often called the “beneficiary,” because he or she is the person who will receive the benefit when the visa application is approved.
For both, the EB-2 and EB-3 visa categories, the employer must must do the PERM, which stands for “Program for Electronic Review Management” and is the process where your employer shows proof that the EB-2 or EB-3 worker is not taking away employment from US workers. This requires submission of an application, advertising the job in newspaper and recruiting websites, and a showing that the employer was unsuccessful in recruiting a qualified U.S. worker for the position.
The EB-2 NIW (National Interest Waiver) allows qualified individuals to live and work in the United States without a job offer or employer sponsorship, provided the applicant can demonstrate that their work serves the national interest of the United States and that they possess a distinguished professional background.
What sets the EB-2 NIW apart from standard EB-2 and EB-3 employment-based visas is that it is one of the limited pathways to obtain permanent residence (green card) without the need for an employer or a PERM labor certification. This makes the NIW an attractive option for highly qualified professionals whose work has substantial merit and broader national importance.
To qualify under the EB-2 NIW category, the applicant must first meet the EB-2 eligibility threshold by demonstrating one of the following:
An advanced degree, defined as any degree above a bachelor’s level, including an MD, PhD, or equivalent;
A bachelor’s degree combined with at least five years of progressive professional experience in the field; or
Exceptional ability, evidenced by a high level of expertise and sustained professional achievements.
In addition to meeting one of these criteria, the applicant must show that they are well positioned to advance their proposed endeavor and that it would benefit the United States to waive the job offer and labor certification requirements.
At Mercado & Rengel, we assist professionals across a wide range of industries in evaluating NIW eligibility and preparing strong, well-documented EB-2 NIW petitions aimed at securing permanent residence in the United States.
Negotiating contracts under a common law system such as that of the United States requires a level of legal skill and experience that can only be developed through years of focused practice. The negotiation and review of complex contracts must be approached with a clear understanding of the client’s professional objectives, as well as the legal protections necessary to safeguard their interests both now and in the future.
In the sports and entertainment industries, this process is especially critical when an athlete, performer, or creative professional chooses to develop their career in a different legal and regulatory environment, such as the United States. Contractual terms governing compensation, duration, termination, intellectual property, and image rights can have long-term consequences if not carefully negotiated.
At Mercado & Rengel, we provide a level of precision and attention to detail that distinguishes our practice. We regularly advise clients who have been presented with contracts negotiated by agents or advisors who are not attorneys and may lack the legal training required to address U.S. law effectively. Our international legal team has represented athletes, artists, and companies in the negotiation, review, and drafting of contracts across a wide range of professional contexts.
We assist clients with:
With more than 25 years of experience in international contracting, we work closely with agents, managers, and other advisors to anticipate risks, avoid disputes, and achieve outcomes that align with our clients’ long-term professional goals.
Learn more about our firm on the About Us page, meet our Attorneys & Professionals, or contact us directly through our Contact page to discuss your case.
For official information on U.S. visas and immigration, see the U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of State visa pages.