The P-1 is a nonimmigrant visa that is available to athletes, either individually or as part of a group or team, and group entertainers that are internationally recognized. Since the P-1 is a nonimmigrant visa, applicants must demonstrate that their visit to the United States is solely for the purpose of performing in a competition, event, or performance.
Similar to the O-1, there are two types of P-1 visas:
The P-1A visa applies to a person who is an individual athlete who performs at an internationally-recognized level, part of a group or team that performs on an internationally recognized level, a professional athlete, or an amateur athlete or coach coming to the United States to join a team or franchise that is a part of a foreign league or association.
The P-1B visa applies to a person who is a member of an internationally recognized entertainment group.
Those who qualify for the P-1A visa include:
– Internationally recognized athletes;
– An athlete who is a member of an internationally recognized group or team;
– Professional athletes;
– Athletes or coaches who are a part of a team or franchise located in the United States that is a member of a foreign league or association;
– Professional or amateur ice skaters who perform either individually or as part of a group theatrical production
Those qualify for the P-1B are individuals who perform with or are an essential part of an internationally recognized entertainment group. If the individual is a performer in the entertainment group, that individual must have had a sustained and substantial relationship with the group for at least one year.
A P-1 visa petition may be filed by a U.S. employer, a sponsor, an agent, or a foreign employer through a U.S. agent. If the P-1 visa holder will be working at multiple locations, an itinerary must be included with the petition.
Petition filed by employers
A U.S. employer may directly petition for the P-1 beneficiary. If the P-1 beneficiary has multiple employers, each employer may individually file a petition on their behalf or one established agent can submit one petition for all of the employers, provided an itinerary is included with the petition.
Petition filed by an agent
If an agent files the P-1 on behalf of the multiple employers, the agent must include with the petition evidence that they are authorized to act on behalf of those employers in submitting the petition for the P-1 visa. A P-1 visa petition filed by an agent must contain:
– A complete itinerary of events, including the following information:
– Names and addresses of each of the actual employers;
– Names and addresses of performance venues;
– Contracts between each employer and beneficiary;
– Documentation explaining the terms and conditions of the employment.
Additionally, the agent must establish that they are “in the business” as an agent. To show that one is an agent in the business, the agent must submit evidence such as:
– A document signed by all other employers stating that the agent petitioner is authorized to act as an agent for the purposes of filing the petition;
– Any agency representation contracts;
– Fee arrangements between agent and employers; or
– Statements from employers regarding the agent petitioner’s representation.
Petition filed by a sponsoring organization
A sponsor for purposes of the P visa is an organization in the U.S. that assumes responsibility for the accuracy of the terms and conditions set forth in the petition. A sponsor is not a direct employer of the P-1 visa holder, therefore any company planning to directly employ the beneficiary cannot act as a sponsor.
To qualify for the P-1 visa, an applicant must show that he or she is either individually internationally recognized or a part of an internationally recognized team or entertainment group. USCIS defines “international recognition” as “having a high level of achievement in a field evidenced by a degree of skill and recognition above that ordinarily encountered, to the extent that such achievement is renowned, leading, or well-known in more than one country.”
Circus performers who are a part of or are joining a circus with sustained national recognition are not required to show individual international recognition.
In certain cases, minor league athletes or amateur athletes may also qualify for the P-1A visa. The petition must demonstrate the following:
– The P-1A beneficiary is a part of an international league or association of 14 or more amateur sports teams;
– The foreign league of which the P-1A beneficiary is a part operates at the highest level of amateur performance within the foreign country;
– Participation in such a league renders the P-1A beneficiary ineligible for scholarship or amateur athletics under the NCAA; and
– There is a significant number of players from the foreign leagues that are drafted by major league or minor league affiliates within the U.S.
The internationally recognized team or group which the applicant is a part of may contain as few as two members. For purposes of the P-1B visa, a solo artist who performs with back up singers may be considered a group as long as the group has been established for at least one year and at least 75% of the group has been together for at least one year.
Qualifying family members can be included as dependents. Qualifying family members only include spouses and children of the principal P-1 visa holder. Such family members will be admitted on P-4 status. It should be noted that P-4 visa holders are not automatically authorized to work in the United States.
If you are planning on applying for the P-1A visa, you should gather the following documents to submit with your P-1A visa petition:
– Written contracts with a major U.S. sports league or team;
– Written advisory opinion from an appropriate labor organization;
– An itinerary including the start and end dates of the events or activities and a description of the nature of the events;
– Evidence of international recognition, including written statements from members of sports media attesting to international recognition, evidence of teams’ high international rankings, or evidence that the athlete or team has received significant honors or awards in the relevant sport;
– Evidence of participation in a prior season for a U.S. college or university in intercollegiate competition;
– Evidence of participation in a national team in international competitions;
– Any other evidence attesting to your international recognition.
If you are planning on applying for the P-1B visa, you should gather the following documents to submit with your P-1B visa petition:
– Written contracts with petitioner or a summary of the terms of employment;
– Written advisory opinion from an appropriate labor organization;
– An itinerary including the start and end dates of the events or activities and a description of the nature of the events;
– Evidence that the group has been performing regularly for at least one year, including a list of group members with the dates on which those members joined;
– Reviews, news articles, advertisements, press releases, contracts, or endorsements;
– Any nominations or receipts of international awards or prizes for outstanding achievement in the group’s particular field;
– Evidence that the group commands a high salary due to their international acclaim;
– Any other evidence attesting to international recognition.
The processing times for the P-1 can be anywhere from three to six months.
Yes, you may request premium processing for your O-1 visa petition. Requesting premium processing ensures that your petition will be adjudicated within fifteen days of receipt. A request for premium processing requires an additional filing fee of $1,410.
Similar to the O-1 visa, the P-1 is considered a dual-intent visa. As such, a P-1 visa holder may apply for a green card without violating their nonimmigrant status. A dual-intent visa is a nonimmigrant visa that allows the visa holder to apply for their green card while in nonimmigrant status.
To apply for the green card, the visa holder should consult with an immigration professional to determine which type of green card would be better suited for the applicant. In certain cases, P-1A visa may qualify for the EB-1A visa. However, the EB-1A visa petition requires an applicant to meet the much higher standard of “extraordinary ability” and is very strictly scrutinized by USCIS.
The duration of the P-1 status depends on the beneficiary.
An individual athlete with a P-1A visa may be admitted up to five years with the option of extending status for another five years. Once the individual athlete with the P-1A visa has completed the ten years, the petitioner has the option of filing another P-1 visa petition. If the petitioner chooses to file another P-1 visa petition, the individual athlete must depart the United States upon the expiration of the previous P-1 visa and wait until the new P-1 visa is approved before reentering the United States.
If the P-1 visa holder is an athletic team or entertainment group, admission may not exceed one year.
We emphasize on clear communication and a personal approach. Our clients work directly with an attorney from the initial consultation through the resolution of the case. We are quick to respond to client needs, available to answer your questions and intent on keeping you informed of the status of your case.
Few areas of law impact the long-term future of individuals and businesses as much as immigration law. The attorneys at C.T. Lee & Associates understand this, which is why we carefully analyze every client’s needs before developing a strategy that is designed to achieve each client’s goals as effectively and cost-efficiently as possible. See below for our list of services within immigration.
BUSINESS AND EMPLOYMENT-BASED IMMIGRATION – L-1 VISAS – O-1 VISAS – H-1B VISAS – EB-1 EXTRAORDINARY ABILITY GREEN CARDS – EB-2 EXCEPTIONAL ABILITY GREEN CARDS – EB-3 SKILLED AND UNSKILLED GREEN CARDS – EB-5 INVESTOR/EMPLOYMENT CREATION VISA – E VISAS (TRADER, INVESTOR, SPECIALITY OCCUPATIONS) – FAMILY-BASED IMMIGRATION – GREEN CARDS – VISITORS AND STUDENTS – P-1 & P-4 VISAS – U VISA – SPECIAL IMMIGRANT JUVENILE STATUS
