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P-1 visas are generally made available to internationally known athletes, individuals
or as part of a group or team, and entertainment groups (not individuals in the
group). P visas are more appropriate for group artists entering the U.S. for
a limited period of time. P visas are generally easier to obtain than O visas
for athletes. The visas for athletic teams and entertainment groups may be valid
for the period necessary to accomplish the event or activity, not to exceed one
year. They may be renewed thereafter year by year. Visas for individual athletes
may be valid for up to five years, with one five-year extension. The visa allows
short vacations and promotional appearances and stopovers, which are incidental
and/or related to the event admitted for.
P-1 ATHLETES:
Individual athletes,
athletic teams and entertainment groups
generally must meet the standard of
international recognition. This is defined
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. This is an easier
standard than the O visa, which require “sustained
or international acclaim.” The
P athlete may show international recognition
based on their own reputation and achievements
as individuals. Teams must be recognized
internationally as outstanding in the
discipline. Both must be coming to perform
services that require such recognition.
Documentation Requirements:
Contracts must be
provided with the petition if normally
required and documentation of at least
two of the following:
- significant
participation
in a prior
season with a major U.S. 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
by an official
of the sport's governing
body detailing
how
the athlete
or team is
internationally
recognized;
-
a
written statement
from a member
of the sports
media or
recognized
expert
in the sport
detailing
how the athlete
or
team is internationally
recognized;
-
evidence
of ranking
if the sport
has
international
rankings;
-
evidence
of receipt
of a significant
honor
or award
in the sport.
P-1 ENTERTAINERS AND PERFORMING
GROUPS:
P-1 classification can be granted to members of entertainment groups
that have been recognized internationally as outstanding in the discipline
for a sustained and substantial period of time. Each individual must have
a sustained and substantial relationship with the group (generally one-year).
The group must be coming to the U.S. to undertake a specific, pre-arranged
activity or group of activities, such as a concert or entertainment tour.
Such activity could include short vacations, promotional appearances for
the petitioning employer relating to the event or performance and stopovers
which are incidental and/or related to the activity. An entertainment event
could include an entire season of performances. A group of related activities
will also be considered an event.
Documentation Requirements:
- evidence that
the group
has been
established and performing regularly
for at least
one year;
- a statement
from the
petitioner
listing each member of
the group
and the exact
date for
which each member has been employed
on a regular
basis by
the group;
and
- evidence
that the
group has
been internationally
recognized
for a sustained
and substantial
period of time shown
by one of
two methods:
-
The
group's
nomination
for
or
receipt
of
significant
international
awards
or
prizes
for
outstanding
achievement
in
the
field;
or
-
evidence
that
the
group
has
achieved
at
least
three
of
the
following:
- has
and will
perform as a leading or starring
group in
distinguished productions
or events;
- international
recognition
and acclaim for outstanding achievements;
- has
and will
perform services
as a leading
or starring
group for
organizations
and establishments
with a distinguished
reputation;
- record
of
major commercial
or critical
acclaimed success ;
- significant
recognition
for achievements
from organizations,
critics,
government
agencies or other recognized experts;
-
has
or will command
high salary
or other renumeration ’s.
The USCIS may waive the requirement of
international recognition for entertainment
groups recognized nationally as outstanding
in their discipline for a sustained and
substantial period of time, ''in consideration
of special circumstances.'' In addition
only seventy-five percent of the group
must have had a sustained relationship
with the group for at least a year. This
is also subject to a waiver in emergent
situations.
P-1 CIRCUS PERSONNEL:
Consultation Requirement:
The P petitions cannot
be approved unless the employer or agent
has obtained a consultation with an
appropriate labor organization, if one
exists, in the area of the alien or
the groups ability and achievements
in the field of endeavor. The group
must comment on whether the alien or
the group is internationally recognized,
and state whether the services to be
performed are appropriate to an internationally
recognized athlete or entertainment
group. Except in emergency situations
the consultation must be in the form
of an advisory opinion containing a
specific statement of facts supporting
its conclusion. In an emergent situation
the USCIS may contact the labor organization
directly.
Additional Documentation Required:
- resume;
- university transcripts
and diploma (may need to be evaluated);
- copy of the awards;
- program and/or sample
of aliens work;
- letters of recommendation
from previous employers and/or experts in the same field;
- previously issued
visas;
-
alien ’s I-94 card;
-
alien ’s passport;
- if the alien will
be applying with dependents
(i.e. spouse and/or children under
21), the civil
documents
of all family members, including
birth and marriage certificates,
and the divorce
decrees and
death certificate where applicable
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