The P-1 visa category is available to entertainment groups and athletes who have achieved national or international recognition as outstanding in their discipline and who is coming temporarily to the United States
(1) To perform at a specific athletic competition as an athlete, individually or as part of a group or team, at an internationally recognized level of performance, or
(2) To perform with, or as an integral and essential part of the performance of, an entertainment group that has been recognized internationally as being outstanding in the discipline for a sustained and substantial period of time, and who has had a sustained and substantial relationship with the group (ordinarily for at least one year) and provides functions integral to the performance of the group.
Individual artists and entertainers must apply for a visa under other categories such as the O-1 or the H-2B.
P-1 visa petitions can be filed on behalf of the applicant or applicants by either a US or a foreign employer, agent, or event organizer. P-1 athletes must be coming to perform at a specific athletic competition and P-1 entertainment groups may be admitted for the period of time necessary to complete the performance of an event. “Competition, event, or performance” is defined in the regulations to include the following:
“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, 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.”
Support staff can be included in the P-1 petition as long as the persons perform support services which cannot be readily performed by a US worker and which are essential to the principal alien’s performance. The person must also have experience working with the performer or athlete.
In order to qualify for P-1 status, an athlete or entertainment group must rigorous standards to prove international recognition. The regulations define this to mean “a high level of achievement in the 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.”
For an athletic team, a petition must be accompanied by evidence that the team as a unit has achieved international recognition in the sport. Each member of the team is accorded P-1 status based on the international reputation of the team. A petition for an athlete who will compete individually or as a member of a United States team must be accompanied by evidence that the athlete has achieved international recognition in the sport based on his or her reputation.
A petition for a P-1 athlete or athletic team shall include:
(1) A tendered contract with a major United States sports league or team, or a tendered contract in an individual sport commensurate with international recognition in that sport, and
(2) Documentation of at least two of the following:
(i) Evidence of having participated to a significant extent in a prior season with a major United States sports league;
(ii) Evidence of having participated in international competition with a national team;
(iii) Evidence of having participated to a significant extent in a prior season for a United States college or university in intercollegiate competition;
(iv) A written statement from an official of a major United States sports league or an official of the governing body of the sport which details how the alien or team is internationally recognized;
(v) A written statement from a member of the sports media or a recognized expert in the sport which details how the alien or team is internationally recognized;
(vi) Evidence that the individual or team is ranked if the sport has international rankings; or
(vii) Evidence that the alien or team has received a significant honor or award in the sport.
Entertainers must establish that the group has been internationally recognized as outstanding in the discipline for a sustained and substantial period of time. Furthermore, seventy-five percent of the members of the group must have had a sustained and substantial relationship with the group for at least one year and must provide functions integral to the group’s performance. There is an exception to this rule for circus performers working in a circus with a strong national reputation.
A petition for P-1 classification for the members of an entertainment group shall be accompanied by:
(1) Evidence that the group, under the name shown on the petition, has been established and performing regularly for a period of at least one year;
(2) A statement from the petitioner listing each member of the group and the exact dates for which each member has been employed on a regular basis by the group; and
(3) Evidence that the group has been internationally recognized in the discipline. This may be demonstrated by the submission of evidence of the group’s nomination or receipt of significant international awards or prizes for outstanding achievement in its field or by three of the following different types of documentation:
(i) Evidence that the group has performed and will perform as a starring or leading entertainment group in productions or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications, contracts, or endorsement;
(ii) Evidence that the group has achieved international recognition and acclaim for outstanding achievement in its field as evidenced by reviews in major newspapers, trade journals, magazines, or other published material;
(iii) Evidence that the group has performed and will perform services as a leading or starring group for organizations and establishments that have a distinguished reputation evidenced by articles in newspapers, trade journals, publications, or testimonials;
(iv) Evidence that the group has a record of major commercial or critically acclaimed successes, as evidenced by such indicators as ratings, standing in the field, box office receipts, record, cassette, or video sales, and other achievements in the field as reported in trade journals, major newspapers, or other publications;
(v) Evidence that the group has achieved significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field. Such testimonials must be in a form that clearly indicates the author’s authority, expertise, and knowledge of the alien’s achievements; or
(vi) Evidence that the group has commanded or now commands a high salary or other substantial remuneration for services comparable to others similarly situated in the field as evidenced by contracts or other reliable evidence.
The INS has the authority to waive the international recognition requirement and use the lesser standard of showing national recognition in a group’s home country if special circumstances exist (such as limited access to news media or geographic considerations).
P-1 athletes and entertainment groups must also seek a consultation with a peer group organization (usually a labor union) in order to get the visa. Most of the time, evidence of the consultation can take the form of a written advisory opinion from the organization. The advisory opinion need not be submitted in cases where expeditious handling is requested, there is no appropriate consulting organization, or a consultation has been made in connection with another visa application by the applicant within the previous two years.
A favorable advisory opinion will normally focus on the athlete or group’s ability and achievements, whether an entertainment group is internationally recognized and whether the group is coming to perform services where someone with that type of background is needed.
Finally, P visas are considered dual intent. That means that while a P nonimmigrant must seek to enter the US temporarily and must show a residence abroad they do not intend to abandon, they can pursue permanent residency without violating the terms of the visa.
Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.