P visa

The main requirements for the P-1A athlete classification are: The P-1A petition must be filed by the athlete’s U.S. employer, a U.S. sponsoring organization or a U.S. agent. This means the petitioner may be:

— The actual employer of the athlete;
— A U.S. sponsoring organization;
— A U.S. agent representing both the employer and the foreign national;
— A U.S. agent representing multiple employers;
— A U.S. agent performing the function of an employer; or
— A U.S. agent representing a foreign employer.

The types of documentation required for each type of petitioner described above vary but generally include relevant contracts and other evidence of the relationship to any U.S. agent.

In addition to the above, there are specific requirements for the P-1A classification that depend on the different athlete types within the category of “Internationally Recognized Individual Athletes or Teams.” Foreign nationals must have at least two of the following:

— Evidence of having participated to a significant extent in a prior season with a major U.S. sports league;
— Evidence of having participated in international competition with a national team;
— Evidence of having participated to a significant extent 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 foreign nationals or their team are internationally recognized;
— A written statement from a member of the sports media or a recognized expert in the sport which details how the foreign national or their team is internationally recognized;
— Evidence that the foreign national or their team is ranked if the sport has international rankings; or
— Evidence that the foreign national or their team has received a significant honor or award in the sport.

A member of an internationally recognized entertainment group may be granted P-1B classification based on that relationship, but may not perform services separate and apart from the entertainment group. The P-1B nonimmigrant who is a member of an internationally recognized entertainment group must be coming to the United States to perform with the group as a unit. In addition, the entertainment group must be internationally recognized as outstanding for a sustained and substantial period of time, and 75% of the group must have had a sustained and substantial relationship with the group for at least one year. The P-1B nonimmigrant classification is not appropriate for a person performing as a solo entertainer.

The entertainment group must be internationally recognized, 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. The reputation of the group, not the individual achievements of its members or the acclaim of a particular production, is essential.

While P-1A individual athletes have an initial period of authorized stay of up to five years, their P-1S essential support personnel have an initial authorized stay limited to the period of time necessary to complete the event, but not to exceed one year.

Spouses and unmarried children under the age of 21 may obtain P-4 classification based on their family relationship to the P-1 beneficiary. They are entitled to the same period of admission and limitations as the P-1 beneficiary. They are not allowed to accept employment unless they have been independently granted employment authorization.

Beneficiaries must be an artist entering the United States through a government recognized reciprocal exchange program. Currently, five P-2 reciprocal agreements have been negotiated between the following organizations: The American Federation of Musicians (U.S.) and the American Federation of Musicians (Canada); Actor’s Equity Association (U.S.) and the Canadian Actors’ Equity Association; Actor’s Equity Association (U.S.) and the British Actors’ Equity Association; The International Council of Air Shows and the Canadian Air Show Association; The Alliance of Canadian Cinema Television and Radio Artists (ACTRA) and the Screen Actor Guild – American Federation of Television and Radio Artists (SAG-AFTRA).

Beneficiaries of a P-3 visa must be coming to the United States either individually or as a group for the purpose of developing, interpreting, representing, coaching or teaching a unique or traditional ethnic, folk, cultural, musical, theatrical or artistic performance or presentation. In addition, they must be coming to the United States to participate in a cultural event or events which will further the understanding or development of their art form. The program may be of a commercial or noncommercial nature.