Artists, athletes, and entertainers (P1, P3)

The P visa categories are reserved for aliens coming to the U.S. to perform in athletics or entertainment. There are several sub-categories under the P visa:

P-1A  Internationally Recognized Athlete. Allows internationally recognized athlete to enter into the U.S. to participate in a performance for a U.S. employer or a U.S. agent.

P-1B  Member of Internationally Recognized Entertainment Group. Allows internationally recognized artist or entertainer to enter into the U.S. to participate in a performance for a U.S. employer or a U.S. agent.

P-2 Performer or Group Performing under Reciprocal Exchange Program.  Available to artists and entertainment groups for entering the U.S. to perform under a reciprocal exchange program between the U.S. and the foreign country.

P-3 Artist or Entertainer Part of a Culturally Unique Program. Given to artists or entertainers coming to the U.S. for the purpose of developing, interpreting, representing, coaching, or teaching a unique or traditional ethnic, folk, cultural, musical, theatrical, or artistic performance or presentation for a U.S employer of U.S. agent.

P-4 Accompanying Relatives of People with P-1, P-2, and P-3 Visas. Issued to the spouses and unmarried children under age of 21 of any P Visa workers. P-4 Visa holders may not be employed but may attend school.

Essential Support Personnel for P-1A, P-1B, P-2, P3 Visas

Essential Support Personnel who are an integral part of the performance (team) and who perform support services which cannot be readily performed by a U.S. worker, are eligible for same classification as the group. Support personnel may include coaches, scouts, trainers and other team officials and referees.

The U.S. employer must file a separate Form I-129 for each support personnel.  The petition must include the following documents:

• A consultation from an from an appropriate labor organization with expertise in the area of the support person’s skill
• Statement describing the support person’s prior and current essentially, critical skills and experience with the group.
• Copy of a written contract between the employer and the support person or a summary of the terms of the oral agreement under which the support person will be employed.

Unlike O-Visa’s, P-Visa’s may be issued on the strength of the individual or on the strength of the group as a whole.  However, P-Visa’s like O-Visas are issued only for the time needed to complete a particular event, tour, season, not to exceed 1 year.

P-1A Internationally Recognized Athlete.

Eligibility

Individual athletes must be coming to participate in an individual event in which the athlete is internationally recognized with a high level of achievement. This high level of achievement should be evidenced by a degree of skill and recognition that is above the ordinary so that the achievement is well known in more than one country.

Members of athletic teams must be coming to participate in team events and the team must have achieved significant international recognition in the sport. The event must itself be distinguished and require the participation of athletic teams of international recognition.

Petition Process

Step 1:

• Form I-129, Petition for a Non-Immigrant Worker filed by the employer
• A written consultation from an appropriate labor organization regarding the nature of the work to be done or a statement proving that the group has been established and performing regularly for a period of at least one year (If no appropriate labor organization exists, this requirement is excused)
• Itinerary with the dates and locations of the performances
• A copy of the contract with a major U.S. sports league or team or a contract in an individual sport commensurate with international recognition in the sport, if such contracts are normally utilized in the sport

According to 8 CFR § Sec. 214.2(p), a petitioner seeking to qualify as an athlete for a P-1A Visa must also demonstrate that the alien has at least two of the following:

• Proof of your, or your team’s, previous significant participation with a major U.S. sports league
• Proof of your participation in an international competition with a national team
• Proof of your previous significant participation with a U.S. college in intercollegiate competition
• Written statement from an official of a major U.S. sports league or the governing body of the sport, detailing how you or your team is internationally recognized
• Written statement from the sports media or a recognized expert regarding your international recognition
• Evidence that you or your team is internationally ranked, or
• Proof that you or your team has received a significant honor or award in the sport.

P-1B Member of Internationally Recognized Entertainment Group

Eligibility

At least seventy-five percent (75%) of the members in the group must have had a substantial and sustained relationship with the group for at least one year. Further, the group must be internationally recognized, having a high level of achievement in the field that is evidenced by a higher degree of skill and recognition than that is normally encountered. The reputation of each individual does not necessarily to have the same high level of achievement or recognitions as the group as a whole. Individual entertainers not performing as part of a group are not eligible.

If an individual is performing as part of a circus or is an essential personnel in the circus, the one year sustained relationship requirement may be waived, so long as the circus itself has an outstanding nationally recognized reputation.

Petition Process

Step 1:

• Form I-129, Petition for a Non-Immigrant Worker filed by the employer
• A written consultation from an appropriate labor organization regarding the nature of the work to be done or a statement proving that the group has been established and performing regularly for a period of at least one year (If no appropriate labor organization exists, this requirement is excused)
• Itinerary with the dates and locations of the performances
• A copy of the contract between petitioner (employer) and beneficiary (employee)
• Evidence that the group has been established and performing regularly for at least one year.
• 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.

Step 2:

According to 8 CFR § Sec. 214.2(p), a petitioner seeking to qualify as an athlete for a P-1B Visa must also demonstrate that the alien has at least three of the following:

• Proof that your group has or will star or take a leading role in productions or events with distinguished reputations
• Review or other published material showing that your group has achieved international recognition and acclaim for outstanding achievement in the field
• Proof that your group has and will star or take a leading role in productions or events for organizations with distinguished reputations
• Proof of large box office receipts or ratings showing your group has a record of major commercial or critically acclaimed successes
• Poof that your group has received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts, or
• Proof that your group commands a high salary or other substantial remuneration

P-2 Performer or Group Performing under Reciprocal Exchange Program.

Eligibility

Individuals and/or groups must be entering through a government recognized reciprocal exchange program. The skills possessed by either the individual or group must be comparable to those of U.S. artists and entertainers taking part in the program outside the U.S.

Petition Process

• Form I-129, Petition for a Non-Immigrant Worker filed by the employer
• A written consultation from an appropriate labor organization regarding the nature of the work to be done or a statement proving that the group has been established and performing regularly for a period of at least one year (If no appropriate labor organization exists, this requirement is excused)
• A copy of the formal reciprocal exchange agreement between the sponsoring U.S. organization(s) and the organization(s) in a foreign country which will receive the U.S. artist or entertainer
• Statement from the US sponsor describing the reciprocal exchange of US artists or entertainers
• Evidence that the artists or entertainers involved in the reciprocal exchange agreement possess comparable skills and that the terms of employment are similar.
• Proof that an appropriate labor organization in the US was involved in negotiating the reciprocal exchange of artists/entertainers.
• Itinerary with the dates and locations of the performances (if more than one location)

P-3 Artist or Entertainer Part of a Culturally Unique Program.

Eligibility

Individuals or groups for the purpose of developing, interpreting, representing, coaching, or teaching a unique or traditional ethnic, folk, cultural, musical, theatrical, or artistic performance or presentation, and to further the understanding or development of the individual’s, or group’s, art form.

Petition Process

• Form I-129, Petition for a Non-Immigrant Worker filed by the employer
• Written consultation from an appropriate labor organization
• A copy of the contract between the petitioner and the beneficiary or the summary of the terms of an oral agreement between the petitioner and the beneficiary
• An explanation of the event and itinerary with the dates and locations (if more than one location) of the performances
• Sworn testimony or letters from recognized experts attesting to the authenticity of skills used in performing the unique art forms and giving the credentials of the expert including the basis of his or her knowledge; OR documentation that the performance is culturally unique as evidenced by reviews in newspapers, journals or other published materials.
• Proof that all of the performances or presentations will be culturally unique events