poker is now a sport
Dennis Oehring
Authoritative proof supplied courtesy of a branch of the Federal Government Remember the 1947 holiday classic, Miracle on 34th Street? Kris Kringle claimed that he was Santa Claus, and by doing found himself at a hearing to determine his competency. The district attorney demanded of the judge that Kringle's defense attorney provide "authoritative proof" that Kringle was whom he claimed. With a little help from the post office, the movie reached its denouement when thousands of letters addressed to Santa Claus were delivered to Kringle at the courthouse and placed upon the judge's desk.
Here is the exchange that immediately followed:
Attorney Fred Gailey: Your Honor, every one of these letters is addressed to Santa Claus. The Post Office has delivered them.
Therefore, the Post Office Department, a branch of the Federal Government, recognizes this man Kris Kringle to be the one and only Santa Claus.
Judge Henry X. Harper: Uh, since the United States Government declares this man to be Santa Claus, this court will not dispute it. Case dismissed.
What does this have to do with poker? Well, for the past several years, debate has flourished on whether poker is a sport or merely just a game. Most proponents of poker consider it a sport, citing prize pools larger than most other professional sports, the worldwide spectator base, evolving corporate sponsorship, and the skill involved in becoming a professional player. Opponents say that poker is nothing more than another form of gambling, similar to any other casino game involving luck, not skill; or at best is a game like any other card game, requiring no athletic prowess as in other sports.
So, what about authoritative proof one way or the other? As of now, there really isn't any; the debate is simply a matter of opinion, just as it was about whether Kris Kringle was Santa Claus. But wait... I just may have uncovered some proof.
Let's begin by looking at the definition of an athlete. Webster's Dictionary states simply that an athlete is a person trained to participate in sports. A specialty definition appearing at Webster's online website courtesy of Wikipedia, the free encyclopedia, states that the term "athlete" can also, although less often, refer to a mental, instead of physical, competitor or possessor of skills.
I've learned that Uncle Sam subscribes to these definitions, as evidenced by issuing aliens skilled in poker what are known as P-1 visas that allow them to play in the United States for years at a time. The P-1 visa is the same visa that is issued to professional athletes in baseball, basketball, and many other sports.
Intrigued by this interesting tidbit of information, I contacted an immigration specialist by the name of Steve Ladik out of Dallas, TX, who has acted as the attorney for about 20 players from other countries who are currently playing poker professionally in the United States. I got Ladik's name from a professional player I recently met who utilized his services to procure his own visa. Mr. Ladik is recognized as one of America's top 100 attorneys, and is a past President of the American Immigration Lawyers Association. The first poker player Ladik helped secure a P-1 visa for was none other than Daniel Negreanu, who, of course, is a native of Canada.
According to Ladik, the P-1 visa is available to aliens who excel as artists, entertainers, or athletes.
While there is some entertainment value poker players provide, especially when they are seen on television, the primary basis for the issuance of the visa is because they are considered athletes rather than entertainers or artists.
The process for obtaining a visa can take up to three or four months, but can be accelerated if the applicant pays the government a $1000 premium processing fee, in which case United States Citizenship and Immigrations Services (USCIS) will process the application within fifteen days. The law firm needs about the same length of time to get their documentation together, thereby reducing the process to only about a month. The P-1 visa is good for five years, and may be renewed for another five years, giving the player a full ten years to play professionally in the U.S. At the end of this period or at any time prior, if the applicant has achieved significant stardom, they may apply for a permanent green card under a category reserved for players with extraordinary ability.
I asked Mr. Ladik what kind of track record a player in a foreign country had to have to qualify for this visa. Mr. Ladik explained that the government has established seven different criteria to determine whether a player can be granted a P-1 visa, but that only two of the criteria need to be met, meaning that the standards for obtaining a P-1 visa are lower than for many other forms of visas. Of the seven criteria aforementioned, four apply to most players, and again only two are necessary to satisfy our government.
They are as follows:
A written statement from an official of the governing body of the sport (such as the WPT or WSOP) which details how the alien is internationally recognized
A written statement from a member of the sports media (for instance, Poker Player) or a recognized member of the sport which details how the alien is internationally recognized
Evidence that the individual is ranked should the sport have international rankings (poker has several)
Evidence that the alien has received a significant award or honor in the sport (i.e. prize money, trophy, or bracelet) I brought up a specific example from the main event at the WPT Five Diamond World Poker Classic held at the Bellagio last December. The final two players were Patrik Antonius of Finland and Rehne Pedersen of Denmark. Petersen won the event, pocketing over $2 million, and Antonius received over $1 million.
According to Ladik, both of these players, even if they had no other documented tournament success, would likely be granted visas on the earnings and press coverage they received in this tournament alone should they decide to petition for them.
Many of the players Ladik has helped secure visas for have had far more extensive track records, whether in this country or abroad, than just a single event, but he made it clear that one prestigious event could be all that was necessary.
Thorough background checks are done on the applicants by USCIS once their paperwork is received, as well as by the U.S. Consul in the countries of their residence. They must also clear a "watch list" of potential undesirables once arriving in the United States, so extensive security measures are in place.
When asked whether a player with a documented record of successful Internet play could qualify, Mr. Ladik replied that he had never secured a visa for someone with this background solely, but believed the standards would be stricter, reasoning that people can play on the Internet from anywhere. But he added that if two of the seven criteria could still be met, and that if the alien could make an argument that taking up residence here would further hone his or her skills by playing in more live events, then he believed it would be possible for this type of applicant to obtain a P-1 visa as well.
So, armed with this new information, and referring to the term "authoritative proof" that Miracle on 34th Street made famous, we could conceivably rewrite the script of the movie by substituting the question of whether poker really is a sport for the one of whether Kris Kringle really was Santa Claus and put an end to the debate as follows:
Attorney Steve Ladik: Your Honor, every one of these approved visa applications is filed by an alien poker player. United States Citizenship and Immigrations Services has processed them and allowed them to enter our country as athletes.
Therefore, United States Citizenship and Immigration Services, a branch of the Federal Government's Department of Homeland Security, recognizes poker players as athletes, meaning poker must be considered a sport.
The Judge: Uh, since the United States Government declares professional poker players to be athletes, this court will not dispute it. Case dismissed.
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