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P-1 visa is issued to athletes performing at an internationally recognized level of performance, either individually or as part of a group. P-1 visa is also issued to entertainers performing as part of a group which has been recognized internationally as being outstanding for a sustained period of time. P-1 holders come to the United States to participate in an activity such as an athletic competition, athletic season, tournament, tour, exhibit, project, entertainment event or engagement. According to the definition, such an activity can include short vacations, promotional appearances for the petitioning employer relating to the competition, event or performance, and stopovers which are incidental and/or related to the activity. An athletic competition or entertainment event could also include an entire season of performances. A group of related activities will also be considered an event. An event should also include a contract for athletic services as long as it references an identified competition or itinerary. P-1 visa can be issued to athletes, either individually or as part of an athletic group or team. But what are the requirements on athlete or athletic team? 1. The alien athlete must be internationally recognized as an individual or be a member of a foreign athletic team or group that is itself internationally recognized. Athletes who are not internationally recognized individually may be granted P-1 status based on their membership in an internationally recognized foreign team but they may not perform services separate and apart from the team. 2. The alien athlete or athletic team must have a tendered contract with a major United States sports league or team or a tendered contract in an individual sport commensurate with international recognition in that sport, if such contracts are normally executed in the sport; and 3. Must have documentation of at least two of the following:
4. The athlete or the athletic team has a letter of consultation with the appropriate labor organization. P-1 visa is issued to entertainers who perform as members of an entertainment group (or are an integral part of the performance). An entertainment group consists of two or more persons who function as a unit. If a solo artist normally performs with the same musicians or singers, the act may still be considered an entertainment group. What requirements are there? 1. The entertainment group has been internationally recognized as outstanding in the discipline for a sustained and substantial period of time. 2. The entertainment group has evidence that the group has been established and performing regularly for at least one year; 3. The entertainment group has a 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; and
4. The entertainment group has a letter of consultation with the appropriate labor organization. How long? A P-1 status for an individual P-1 athlete is valid for up to five years. P-1 athletic teams and entertainment groups may be admitted for the period of time necessary to complete the performance or event, not to exceed one year. Petitions for essential support personnel to P-1 aliens shall be valid for a period of time necessary to complete the event, activity, or performance for which the P-1 is admitted, not to exceed 1 year. Family members? Family members (spouses and children) of P-1 visa holders are eligible for P-4 status. They may accompany or follow to join the principal alien. P-4 aliens may not accept employment without an independent nonimmigrant classification permitting employment or another independent basis for employment authorization. If you want to invite athletes, athletic
teams or entertainment group to come to the United States to perform or if you have any
questions about P-1 visa, please contact us. |
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