P category: Entertainers and athletes
The P1 entertainment
visa is a nonimmigrant visa which allows foreign nationals who
are internationally recognized athletes, artists and entertainers
to enter into the U.S. for a specific event, competition or
performance. They should be brought for a U.S. employer or an
international employer working through a U.S. agent. The performance
must require a performer of international quality. Importantly
enough, individual athletes may be admitted to US as P-1 aliens,
but not individual entertainers.
Two preliminary steps
must be taken by the employer before an alien worker can obtain
a P visa: 1) obtaining an advisory opinion from an appropriate
labor organization or show that an appropriate peer group, labor
organization, or management organization does not exist; and
2) obtaining an approval from USCIS of the petition.
P-1 Athletes/athletic
teams
The P-1 classification
applies to an alien coming to the U.S. temporarily 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.
Petition Document
Requirements
The petition filed by
a U.S. employer should include:
- A written advisory opinion from an appropriate labor organization:
- Tendered contract with major U.S. sports league or team
or one commensurate with international recognition and
- Any two of the following:
- Significant participation in a prior season with a major
United States sports league;
- Participation in international competition with a national
team;
- Significant participation in a prior season for a U.S.
college or university in intercollegiate competition
- A written statement from an official of the governing
body of the sport which details how the alien or team is
internationally recognized;
- 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;
- Significant honor or award in sport.
P-1 Entertainment
Group
The entertainment group must be coming to the U.S. to participate
in entertainment events, and must have achieved international
recognition for a substantial and sustained period (ordinarily
for at least one year) and/or provide functions integral to
the group's performance. One year requirement can be waived
under specific circumstances.
Petition Document
Requirements
The petition should be filed by a U.S. employer with proof that
the proposed services in the U.S. require an internationally
recognized entertainment group with the following documents:
- A written advisory opinion from an appropriate labor organization;
- A statement that the group has been established and performing
regularly for at least one year;
- Your group received significant international awards or
prizes, or nominations for its outstanding achievements ,
or evidence of at least 3 of the following:
- It has performed, or will be performing, as a starring
or leading entertainment group in events with distinguished
reputation ;
- It has received international recognition and acclaim
for outstanding achievements;
- It has performed and will be performing services as a
leading or starring group for organizations or establishments
with a distinguished reputation
- It has had major commercial or critically acclaimed successes
- It is highly recognized, for its achievements, by organizations,
critics, government agencies, or other recognized experts
- It has commanded or will command a high salary or other
substantial remuneration comparable to others similarly
situated
There are certain exceptions
to international recognition requirement.
P-2 Artistic
Exchange
The P-2 classification
applies to an alien coming temporarily to perform as an artist
or entertainer individually or as part of a group, who will
perform under a government recognized reciprocal exchange program.
Petition Document
Requirements
The petition must be
filed by the sponsoring organization, an employer in the U.S.,
or the U.S. labor organization that negotiated the agreement
with:
- A written consultation by an appropriate labor organization;
- Formal reciprocal exchange agreement between the U.S. sponsors,
the alien and foreign organization(s);
- A statement from the sponsoring organization describing
the reciprocal exchange;
- Evidence that an appropriate U.S. labor organization was
involved in negotiating, or has concurred with, the reciprocal
exchange of U.S. and alien(s);
- Evidence that an appropriate U.S. labor organization was
involved in negotiating, or has concurred with, the reciprocal
exchange of U.S. and foreign artists or entertainers.
P-3 Culturally
Unique Artists
The P-3 classification applies to aliens coming temporarily
to perform, teach or coach as artists or entertainers, individually
or as part of a group, under a program that is culturally unique.
Petition Document
Requirements
The petition should be filed by the sponsoring organization
or employer in the U.S. with:
- A written consultation from an appropriate labor organization;
- Affidavits, testimonials or letters from recognized experts
attesting to the authenticity of the alien's or group's skills
in performing, presenting, coaching or teaching the unique
and traditional art forms and giving the credentials of the
expert including the basis of his or her knowledge of the
alien's or group's skills or both of the following:
- Documentation that all of the performances or presentations
will be culturally unique events, and;
- Evidence that all of the performances or presentations will
be culturally unique events.
P-1, 2, or 3
(Accompanying Support Personnel)
This category applies to accompanying support personnel who
are highly skilled aliens coming temporarily as an essential
and integral part of the competition or performance of a P-1,
P-2, or P-3. Essential support personnel must perform support
services which cannot be readily performed by a U.S. worker
and which are essential to the successful performance or services
of the athlete or entertainer.
Petition Document
Requirements
The petition must be filed in conjunction with the petition
for a P alien by a U.S. employer and must be filed with:
- A written consultation with a labor organization in the
skill in which the alien will be involved;
- A statement describing the alien's prior and current essentiality,
critical skills and experience with the principal alien;
- A copy of any written contract between the employer and
the alien or a summary of the terms of the oral agreement
under which the alien will be employed.
Dependents
You can bring your
spouse and unmarried children below 21 years on a P-4 visa.
They can not be employed in the U.S., but are authorized to
engage in a full time study.
Extensions and
Visa Renewals
You may be allowed to stay in the U.S. for up to five years with
extensions not to exceed a total stay of ten years. The alien
should be engaging in the same activity specified in the original
petition where an additional time is required to complete the
business.
