P-1 VISA

P-1 Visa: Athletes & Performing Groups

P-1 classification will be granted to 1) an individual athlete, 2) circus performers and to 3) members of an internationally recognized entertainment group that has been outstanding in the discipline for a sustained and substantial period of time, provided the foreigner is coming to perform with the group and has had a sustained and substantial relationship (ordinarily for at least 1 year) with that group.

The foreigner may perform the services described in the P-1 petition only for an employer or agent sponsoring the petition, and the regulations specifically prohibit entertainment group members from performing services separate and apart from the group.

A spouse and unmarried minor children of a foreigner who holds a P-1 visa are eligible for P-4 visas, which permit them to travel in and out and reside and study while in the United States, but not accept employment, during the time period of the principal’s P-1 Visa.

All P beneficiaries, whether principals or supporting personnel, must maintain a residence abroad that he or she does not intend to abandon.

Performing Groups:

Members of P-1 entertainment groups must be coming to the U.S. to undertake a specific, pre-arranged activity or group of activities, such as a concert or entertainment tour. Such activity could include short vacations, promotional appearances for the petitioning employer relating to the event or performance, and stopovers which are incidental and/or related to the activity. An entertainment event could include an entire season of performances. A group of related activities will also be considered an event.

The petitioner (employer or agent) must provide evidence that the group has been established and performing regularly for at least a year, and must supply evidence of international recognition for a sustained and substantial period of time by one of two methods: a) The group's nomination for or receipt of significant international awards or prizes for outstanding achievement in the field, or b) by three (3) of the following types of documentation: 1) leading or starring participation in distinguished productions or events or 2) for distinguished organizations, 3) international (more than one country) recognition by the media, 4) major commercial or critical success or other occupational achievements as reported in the media, 5) significant recognition from recognized experts, 6) high earnings.

The INS may waive the requirement of international recognition for entertainment groups recognized nationally as outstanding in their discipline for a sustained and substantial period of time, ''in consideration of special circumstances.''

A P-1 visa for an entertainment group may be valid for the period necessary to accomplish the event or activity, up to one (1) year initially. It may be renewed year by year without limit.

P-1 Athletes

The P-1 Visa is also for foreigners coming temporarily to the U.S. to perform services as an internationally recognized athlete, individually or as part of a group or team, at a specific athletic competition, at an internationally recognized level of performance, and who are coming to participate in an athletic competition which has a distinguished reputation and which requires participation of an athlete or athletic team that has an international reputation.

They may perform the services described in the P-1 petition only for an employer or agent sponsor, and the regulations specifically prohibit athletic team members from performing services separate and apart from the team.

Permitted events are an activity such as an athletic competition, athletic season, tournament, tour, exhibit, project, entertainment event, or engagement. Such activity could include short vacations, promotional appearances for the petitioning employer relating to the competition, event or performance, and stopovers which are incidental and/or related to the activity. An athletic competition or entertainment event could include an entire season of performances. A group of related activities will also be considered an event.

The P-1 Visa may be issued to an athlete for 5 years with renewals for the same time.

''Internationally recognized'' is defined as having a high level of achievement in a field evidenced by a degree of skill and recognition substantially above that ordinarily encountered, to the extent that such achievement is renowned, leading, or well-known in more than one country. To establish international recognition on behalf of an individual athlete or an athletic team, petitioners must provide at least two of the following:

1. Significant participation in a prior season with a major U.S. sports league;

2. Participation in international competition with a national team;

3. Significant participation in a prior season for a U.S. college or university in intercollegiate competition;

4. A statement (only one required) by an official of the sport's governing body detailing how the athlete or team is internationally recognized;

5. A statement (again, only one required) from a member of the sports media or recognized expert in the sport detailing how the athlete or team is internationally recognized;

6. Evidence of ranking if the sport has international rankings;

7. Evidence of receipt of a significant honor or award in the sport.

 

P-1 Circus Personnel

The rules are similar to those for performing groups, except circus personnel are exempt from the international recognition and 1-year relationship requirement if they perform as part of a circus or circus group and are entering to join or as part of a circus that has had national recognition for a sustained and substantial time.

P-1S Essential Support Personnel:

This is a companion visa for a person associated with a P-1 performing group, athlete, athletic team or circus. (S)he must be a highly skilled, essential person who is an integral part of the performance of a P-1 artist/athlete because he or she performs support services which cannot be readily performed by a United States worker and which are essential to the successful performance of services by the P-1 artist/athlete. (S)he must have appropriate qualifications to perform the services, critical knowledge of the specific services to be performed, and experience in providing such support to the P-1 artist/athlete.

Essential support personnel can perform a wide variety of duties, ranging from technical to administrative. The P-1S Visa requires labor union consultation.