Monster.com: P-1 Visas for Athletes and Entertainers


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P-1 Visas for Athletes and Entertainers

Are you a volleyball player hoping to compete in the US? An actress angling to perform here? If so, you may be looking for one of the P visas reserved for people coming to the US to perform in athletics and entertainment.

The P-1 visa is the broadest of those covered in the P category. It applies to a wide range of artists and entertainers, while the P-2 applies to individuals involved in an exchange program and the P-3 is for those participating in "culturally unique" programs. (The P-2 and P-3 will be covered further in a later column.) All of the P visas are for athletes and entertainers who do not meet the "extraordinary ability" standard required for classification in the O category.

Athletes
Both individual athletes and teams may apply for P-1 visas. For an athletic team to petition for a foreign athlete, the team must have achieved international recognition in the sport. An athlete who is coming to the US to compete in individual events, rather than as part of a team, must show that he or she is internationally recognized.

"International recognition," of course, is a phrase open to interpretation. The Immigration and Naturalization Service (INS) has defined international recognition 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." In other words, if you're the top tennis player in your neighborhood, that's not enough for the P-1.

In addition, the event in which the athlete is participating must have a distinguished reputation and require the participation of athletes and teams of international recognition. When the application is filed on behalf of an athlete or team, at least two of the following types of evidence need to be presented:

Participation, to a significant extent, in a prior season with a major US sports league.

Participation on a national team at international events.

Participation to a significant extent in a prior season with a US collegiate team.

A written statement from an official in the governing body of the sport outlining how the athlete or team is internationally recognized.

A written statement from a member of the sports media or other recognized expert outlining how the athlete or team is internationally recognized.

Evidence that the alien is highly ranked, if the sport uses a ranking system.

Evidence that the alien or team has received a significant award for performance.

Entertainers
For entertainers to obtain P-1 visas, they must be part of an entertainment group. Individuals cannot usually obtain a P-1 visa, with one exception -- people who are coming to the US to join a foreign entertainment group. The group must be internationally recognized as outstanding in the area and have a sustained period of achievement. The individual member must also have a substantial relationship to the group, generally satisfied by at least one year. This requirement may be waived in certain circumstances, and is not imposed on circus personnel so long as the circus is of national recognition. The group must have been together for at least one year, and at least three-fourths of the members must have been in the group for at least a year.

When the application is being filed on behalf of an entertainment group, the petition must include details about how long each person belonged to the group and demonstrate the group's sustained international recognition. This may be done in two ways -- awards for outstanding achievement in the field (or nomination for such awards) and by submitting three of the following types of evidence:

The group has and will continue to perform a starring role in productions or events with a distinguished reputation, evidenced by reviews, advertisements, press releases, contracts or endorsements.

The group has international recognition, evidenced by reviews in papers, trade journals and so forth.

The group has and will continue to perform a starring role in productions or events with distinguished reputations, evidenced by articles in newspapers, trade journals, etc.

The group has had commercial success.

The group has gained significant recognition for achievements from leaders in the field.

The group commands a high salary compared to others similarly situated.

Who Files the P-1 Petition?
The petition may be filed by a US employer or organization, a foreign employer or by a US agent. It must include the following information:

Any written contract between the alien and the petitioner. If there is no written contract, a thorough description of the oral agreement should be provided.

An explanation of the event and an itinerary.

A consultation from a labor organization.

If a US employer or agent is filing the petition, it should be filed at the regional INS service center with jurisdiction over the petitioner. If a foreign employer files the petition, it should be filed at the regional INS service center with jurisdiction over the place where the alien will begin employment.

Does the P-1 Cover Anyone Other Than Athletes and Entertainers?
In fact, it does. People coming to the US to work as support personnel for P-1 athletes, teams or entertainment groups are also given P-1 classification. The application must contain a consultation from a labor organization, a statement describing the individual's essential role and a copy of the contract or summary of the oral agreement between the worker and the employer.

Material from the immigration law firm of Siskind, Susser, Haas & Devine was used in this report. This information is provided as a public service and not intended as legal advice or the establishment of an attorney-client relationship.