P1 Visa

The P-1 visa category is a broad visa category which allows athletes, artists and entertainers who are notable to come to the U.S. to compete and/or perform in their field.

The P-1A Visa is exclusively for Athletes who are coming to the U.S.to compete as:

1. An individual athlete at an internationally recognized level of performance
2. As part of a team at an internationally recognized level of performance
3. As a Professional Athlete or
4. As an athlete or coach as part of a team or franchise that is located in the United States and is also a member of a foreign league or association.

The P-1B Visa is exclusively for Member(s) of an Internationally Recognized Entertainment Group.

P-1A Athletes

Internationally recognized athletes must have a a high level of achievement in a sport, demonstrated by a degree of skill and recognition substantially above that ordinarily encountered. You need to be renowned or well-known beyond your own country. Those coming to participate with a team, as a unit, the team must be internationally recognized.

P-1B Members of an Entertainment Group

Internationally recognized means 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. It’s the international recognition of the group, more than individual members, that’s important for the P-1B.

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1. Live and Work in the U.S.: The P-1 is a great option for foreign nationals looking to advance their entertainment or athletic careers in the U.S.
2. Keep your family together: P-1 holders can bring their spouse and children under 21 to stay with them in the U.S. in P-4 status. P-4 holders can attend school, through university, in the U.S. without restriction.
3. The Petitioner does not have to be an “employer”: Unlike other work visa categories, the P-1 Petition can be filed by an agent or talent manager. This is especially beneficial for artists and athletes who are not engaged in “regular” employment.
4. Visas for Essential Support Personnel– Essential support personnel of the athletes or groups can come to the U.S. on a P-1S visa.

The limitations of P-1 visa include:

1. P-1B entertainers (though not athletes) must be performing as part of a group and not individually
2. P-1 visa petitions cannot be approved until the appropriate labor organization is consulted by the USCIS
3. You may work for multiple employers, however, each employer must file a separate Form I-129
4. Dependents are allowed to stay in the U.S. with you, but may not work

P-1A Athletes (individuals) – P-1A status can be granted for up 5 years but can be restricted to the duration of time needed to complete the event or competition(s). P-1A status can be extended in increments of 5 years, with a maximum stay of 10 years.

P-1A Athletes (team/group) – P-1A status can be granted for up to 1 year but can be restricted to the duration of time needed to complete the event or competition(s). P-1A status can be extended in 1-year increments, indefinitely.

P-1B Entertainers – P-1B status can be granted for up to 1 year but can be restricted to the duration of time needed to complete the event or performance(s). P-1A status can be extended in 1-year increments, indefinitely.

Yes, you may apply for P-1 visa extensions:

1. P-1A individual athletes (and essential support) personnel may be authorized to extend their stay in 5-year increments for a maximum period of stay not to exceed 10 years.
2. Other P-1A athletes and P-1B entertainers (and their support personnel) may be authorized to extend their stay in 1-year increments, indefinitely.

Yes, you may engage in study while in P-1 status as long as it is incidental to your P-1 activities.

No, there are no travel restrictions on a P-1 visa. You may travel outside the U.S. and reenter as many times during the validity period of the P-1 petition as long as you have a valid P-1 visa. If you are Canadian, you may travel outside and reenter the U.S. as long as you have a valid P-1 approval notice.

The petition filed by a U.S. employer, agent or sponsor must include:

1. A written consultation from an appropriate labor organization
2. Copies of any written contracts between the employer(s)/agent and yourself. If there is no written contract, a summary of the terms of the oral agreement under which you will be employed
3. Explanation of the nature of the events or activities, the beginning and ending dates for the events or activities, and a copy of any itinerary for the events or activities
4. Documentary Evidence showing you are “internationally recognized”, that the team is internationally recognized and/or other evidence as required by the regulations (see more below)

For Internationally Recognized Individuals or Teams:

1.A copy of a tendered contract with a major U.S. sports league or team or in an individual sport, if such contracts are normally used

2.For evidence of “international recognition”, submit at least 2 of the following:

For Professional Athletes

1.Evidence that establishes that you will be working for a team located in the United States that is a member of an association of six or more professional sports teams.

2.Evidence that the total combined revenues of the association’s teams exceeds $10 million per year.

3.Evidence that establishes that the association governs the conduct of its members and regulates the contests and exhibitions in which its member teams regularly engage. This may include but is not limited to:

4.For those working for a minor league team, also include evidence that the minor league team has a qualifying affiliation

For Amateur Athletes or Coaches

Provide evidence that the athlete(s) and/or coach are coming to perform as part of a team/franchise in the U.S. that is a member of a foreign league or associate

1.The league or association must consist of 15 or more amateur sports teams;

2.Participation in the league must make players temporarily or permanently ineligible under National Collegiate Athletic Association rules to:

A petition filed by a U.S. employer, agent or sponsor must be include:

1.A written consultation from an appropriate labor organization

2.Copies of any written contracts between the employer(s)/agent and yourself. If there is no written contract, a summary of the terms of the oral agreement under which you will be employed

3.Explanation of the nature of the events or activities, the beginning and ending dates for the events or activities, and a copy of any itinerary for the events or activities

4.Evidence that the group has been established and performing together for at least 1 year

5.A statement from the employer listing each member of the group and the exact dates for which each member has been employed on a regular basis by the group (the list must show that at least 75% of the members of the group have been with the group for at least 1 year)

6.Documentary Evidence showing that the group is “internationally recognized” which must include:

The P-1 petition for support personnel must be filed in conjunction with the petition for the principal P-1 and must be filed with a:

1. Written consultation with a labor organization in the skill in which the alien will be involved
2. Statement describing the alien’s prior and current essentiality, critical skills and experience with the principal alien
3. 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

1.Alien circus personnel:

The one year group membership requirement and the international recognition requirement are not applicable to foreign national circus personnel who perform as part of a circus or circus group, or who constitute an integral and essential part of the performance of such circus or circus group. This is true, provided the P-1 foreign national is coming to join a circus that has been recognized nationally as outstanding for a sustained and substantial period of time or as part of such a circus

2.Certain nationally known entertainment groups:

USCIS may waive the international recognition requirement in the case of an entertainment group which has been recognized nationally as being outstanding in its discipline for a sustained and substantial period of time in consideration of special circumstances. An example of a special circumstance would be when an entertainment group may find it difficult to demonstrate recognition in more than one country due to such factors as limited access to news media or consequences of geography

3.Waiver of one year relationship in exigent circumstances:
USCIS may waive the one-year relationship requirement for a foreign national who, because of illness or unanticipated and exigent circumstances, replaces an essential member of a P-1 entertainment group or an alien who augments the group by performing a critical role. The Department of State has been delegated the authority to waive the one-year relationship requirement in the case of consular substitutions involving P-1 entertainment groups

USCIS requires that petitioners submit a “consultation” with all P-1 petitions and petitions for essential support personnel. Consultation must be with an appropriate labor organization, if one exists. A consultation can only be issued if the peer group/labor organization has reviewed the petition materials. A consultation can give a favorable recommendation, a “no objection”, or unfavorable recommendation. USCIS is not required to adhere to unfavorable recommendations.

U.S. employer, a U.S. sponsoring organization, a U.S. agent, or a foreign employer through a U.S. agent.

An agent, who represents the employer and the beneficiary or multiple employers, can act as petitioner for P-1 petitions. The use of an agent as petitioner is generally seen in cases where the beneficiary is working in an industry where individuals are self-employed or where they traditionally use agents for short-term engagements or where a foreign employer authorizes a U.S. agent to act on its behalf.

Yes, you may bring your dependents on a P-4 visa. Your spouse and unmarried children under 21 years old are entitled to the P-4 visa and they can stay as long as you maintain valid P-1 status.

No, dependents on P-4 visa may not be employed or receive compensation from any U.S. source.

Yes, your dependents may engage in full time study on P-4 visa.

Yes, you may apply for adjustment of status and lawfully seek to become a permanent resident of the U.S.