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Law Offices of Robert J. Jacobs, P.A.
Bristol Park
4727 NW 53rd Ave., Suite A
Gainesville, FL 32606
Tel (352) 335-2699
Fax (352) 335-2640
Email: info@myimmigrationlaw.com
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Practice Limited Exclusively to Immigration and
Nationality Law
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U.S.
IMMIGRATION LAW |
NON IMMIGRANT TEMPORARY VISA
EMPLOYMENT AUTHORIZED:
P visas - Athletes;
Entertainment Groups; Artists &
Entertainers in Cultural Exchange Programs;
and Culturally Unique Artists/Entertainers
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What
is a P-1 visa? |
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Criteria
for the P-1 Athletes and Entertainment
Groups. |
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P-2
visas – Artists and Entertainers in
Cultural Exchange Programs |
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P-3
visas – Culturally Unique Artists
and Entertainers |
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For
how long are P visas valid? |
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Who
may accompany a P visa holder? |
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How
may I obtain a P visa? |
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| What
is a P-1 Visa?
The
P-1 visa is a temporary nonimmigrant
visa for 1) foreign athletes who will
be competing in the U.S. individually
or as part of a team at an
internationally recognized level of
competition, and 2) foreign
entertainment groups that have
received international recognition as
outstanding for a substantial period
of time.
The P-1 category includes
individuals
who perform with or are an essential
part of the performance of an
entertainment group. |
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Criteria
for the P-1 Athletes and Entertainment
Groups.
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P-1
Athletes
P-1
nonimmigrant visas are granted
to foreign athletes coming to
the U.S. temporarily to perform
at a specific athletic
competition, individually or as
part of a group or team, at an
internationally recognized level
of performance.
The
employer sponsoring the foreign
individual must document the
following:
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| 1. |
That
the athlete or team is
internationally
recognized; |
| 2. |
That
the athletic competition
has a distinguished
reputation; and |
| 3. |
That
the competition requires
the participation of
athletes or teams with
international reputations. |
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Additionally,
the P-1 petition must include
the following:
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| 1. |
A
tendered contract between
the foreign athlete and a
major U.S. sports league
or team; and |
| 2. |
Any
two of the
following:
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| a. |
Evidence
of the athlete’s
participation in a
prior season with a
major United States
sports league; |
| b. |
Evidence
of the athlete’s
participation in
international
competition with a
national team; |
| c. |
Evidence
of the athlete’s
participation in a
prior season for a
U.S.
college/university
in intercollegiate
competition; |
| d. |
A
written statement
from an official of
a major U.S. sports
league or an
official of the
governing body of
the sport which
details how the
foreign individual
or team is
internationally
recognized; |
| e. |
A
written statement
from a member of the
sports media or a
recognized expert in
the sport which
details how the
athlete or team is
internationally
recognized; |
| f. |
Evidence
that the individual
or team is ranked if
the sport has
international
rankings; or |
| g. |
Evidence
that the athlete or
team has received a
significant honor or
award in the sport. |
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| 3 |
Written
consultation from a labor
organization. |
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| The
P-1 category also includes
essential support personnel for
foreign athletes or teams. |
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| P-1
Entertainment Groups
P-1
nonimmigrant visas are also
granted to foreign individuals
coming temporarily to perform as
members of an entertainment
group that has been recognized
internationally as outstanding
for a sustained period of time.
The individual entertainers must
document a sustained and
substantial relationship with
the group (for at least one
year) or provide functions
integral to the group’s
performance. The
group must have been together
for at least one year, and at
least three-fourths of the
members must have been in the
group for at least a year.
To
document international
recognition for a sustained
period of time, the following
must be produced:
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| 1. |
Evidence
of the group’s
nomination or receipt of
significant international
awards or prizes for
outstanding achievement in
its field; OR |
| 2. |
Evidence
of three of the
following:
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| a. |
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; |
| b. |
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,
publications, or
testimonials; |
| c. |
Evidence
that the group has
performed, and 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; |
| d. |
Evidence
that the group has a
record of major
commercial or
critically acclaimed
successes, as
evidenced by
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; |
| e. |
Evidence
that the group has
achieved significant
recognition for
achievements from
organizations,
critics, government
agencies, or other
recognized experts
in the field; or |
| f. |
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 as evidenced
by contracts or
other reliable
evidence. |
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| The
P-1 category also includes
essential support personnel for
foreign entertainment groups. |
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| P-2
Visas – Artists and Entertainers in
Cultural Exchange Programs |
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| P-2
nonimmigrant visas are granted to
foreign individuals who are
temporarily coming to the United
States to perform as an entertainer or
artist as part of a reciprocal
exchange program with an organization
within the United States. The P-2 visa
also requires a written consultation
from a labor organization with
expertise in the foreign
individual’s field.
The P-2 category also includes
essential support personnel. |
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| P-3
Visas – Culturally Unique Artists
and Entertainers |
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| P-3
nonimmigrant visas are granted to
foreign artists and entertainers in
culturally unique programs coming
temporarily to the U.S. to interpret,
develop, represent, teach, or coach a
cultural, musical, ethnic folk,
artistic, or theatrical performance or
presentation. The foreign individual
must be coming to the United States to
enhance the development or
understanding of his or her art form
and must be sponsored by a cultural,
educational, or governmental
organization which promotes
international cultural activities and
exchange.
The P-3 visa also requires a
written consultation from a labor
organization with expertise in the
foreign individual’s field.
The P-3 category also includes
essential support personnel. |
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| For
How Long are P visas Valid? |
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A
P-1 visa for an individual athlete may
be granted for a period up to five
years and may be extended for an
additional five years.
A
P-1 visa for an athletic team may be
granted for a period up to one year
and may be extended in one-year
increments.
A
P-1 visa for an entertainment group
may be granted for a period up to one
year and may be extended in one-year
increments.
P-2
and P-3 visa for artists and
entertainers may be granted for a
period up to one year and may be
extended in one-year increments. |
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| Who
may accompany a P visa holder? |
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Essential
Support Personnel
Essential
support personnel for P-1 athletes,
teams and entertainment groups; P-2
entertainers and artists; and P-3
culturally unique artists and
entertainers may also enter the U.S.
in the category of the individual or
group they support.
These individuals also require
written consultations from labor
organizations in their field.
Support services are defined as
those which cannot be readily
performed by a United States worker
and which are essential to the
successful performance of services by
the P-1, P-2 or P-3 visa holder.
Spouse
and Children
The
spouse and unmarried children under
the age of twenty-one may apply for
P-4 visa status in order to accompany
the P-1, P-2 or P-3 visa holder to the
U.S. P-4 visa status does not confer
authorization for employment in the
U.S. |
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How
may I obtain a P visa?
P
petitions are filed at the appropriate
B.C.I.S. Regional Service Center. If
the foreign individual is present in
the United States and eligible to
change nonimmigrant status, the
B.C.I.S. will issue an approval notice
with a new I-94 card. If the foreign
individual is unable to change status
in the U.S. or is not present in the
U.S., he/she must apply for a P visa
at a U.S. consulate abroad.
To
request a consultation regarding a P
visa, please contact our office here. |
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