Xie Law Offices, LLC

 

   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:

evidence of having participated to a significant extent in a prior season with a major United States sports league;
evidence of having participated in an 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 alien or team is internationally recognized;
a written statement from a member of the sports media or a recognized expert in the sport which details how the alien or team is internationally recognized;
evidence that the individual or team is ranked if the sport has international rankings; or
evidence that the alien or team has received a significant honor or award in the sport.

    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

evidence that the group has been internationally recognized in the discipline for a sustained and substantial period of time. This may be demonstrated by establishing the group's nomination or receipt of significant international awards or prizes for outstanding achievement in its field or by providing three of the following types of documentation:
evidence that the group has performed and will perform as a starring or leading entertainment group in productions or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications, contracts or endorsements;
evidence that the group has achieved international recognition and acclaim for outstanding achievement in its field as evidenced by reviews in major newspapers, trade journals, magazines or other published material;
evidence that the group has performed or will perform services as a leading or starring group for organizations and establishments that have a distinguished reputation evidenced by articles in newspapers, trade journals, publications or testimonials;
evidence that the group has a record of major commercial or critically acclaimed successes, as evidenced by such indicators as ratings; standing in the field; box office receipts; record, cassette or video sales; and other achievements in the field as reported in trade journals, major newspapers or other publications;
evidence that the group has achieved significant recognition for achievements from organizations, critics, government agencies or other recognized experts in the field; or
evidence that the group has either commanded a high salary or will command a high salary or other substantial remuneration for services comparable to others similarly situated in the field.

    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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