P-1 Status
The P-1 classification is to established entertainment groups, individual athletes, and athletic teams. P-1S classification is allowed for “essential support” personnel.
1) P-1 Requirements
Individual athletes, athletic teams, and entertainment groups generally must meet the basic standard of international recognition—meaning “a high level of achievement in the 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.
Athletes and Athletic Teams (P-1A):
- Individual athletes and athletic teams must include with their petition a tendered contract with a major U.S. sports league or team, or a tendered contract with an individual sport “commensurate with international recognition in that sport, if such contracts are normally executed in the sport,”
- AND evidence supporting at least two of the following:
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- Significant participation in a prior U.S. major league season
- Participation in international competition with a national team
- Significant participation in a prior U.S. college/university season in intercollegiate competition
- Written statement from a major U.S. sports league or official of the sport’s governing body detailing the foreign national’s or team’s international recognition
- Written statement from the sports media or a recognized expert respecting international recognition
- International ranking
- Significant honors/awards in the sport
Entertainers (P-1B):
- Individuals who belong to an entertainment group that has been recognized internationally as outstanding in the discipline for a sustained and substantial period of time.
- P-1B status is granted on the basis of the group’s international reputation, not on the basis of individual achievement
- Evidence Must Include:
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- Documentation that the group has been established and performing regularly for a period of a least one year;
- A statement from the petitioner listing each member of the group and the exact date for which each member has been employed on a regular basis by the group; and;
- Documentation that the group has been internationally recognized in the discipline for a sustained and substantial period of time.
Accompanying Personnel (P-1S)
All P categories allow for “essential support” personnel. An essential support person is defined as “a highly skilled, essential person” who is an “integral part” of the performance of the P principal because she or he performs support services that cannot readily be performed by a U.S. worker and that are essential to the success of the performance.
2) How soon can I start?
Processing times for the P-1 petition vary according to the availability of information needed to prepare the petition, government interruptions and backlogs at USCIS. On average, the P-1 visa petition process will take about 30-60 days, but P-1 petition preparation is typically lengthy due to the documentation requirements.
Individuals who are outside the U.S. must apply for a P-1 visa stamp at a U.S. consular post abroad in order to enter the U.S. in P-1 status. Applicants must bring the P-1 petition approval notice from USCIS to the consular post in order to obtain the P-1 visa.
3) Extension of P-1 visa status
Extensions of P-1 status should be filed during the six-month period prior to expiration of current stay,and are granted in one year increments. The employee’s qualifications and the employer’s continued need to employ an individual in the offered position must be established anew (and fully documented) with each extension application. If the extension application is filed prior to expiration of the current authorized stay, the individual will have continued work authorization for up to 240 days while the application is pending. There may be restrictions on international travel while the extension application is pending.
SUPPORT DOCUMENTATION FOR P-1 PETITION
A. CORPORATE (prospective U.S. employer):
- Certificate and Articles of Incorporation;
- Employer’s Federal Tax Identification Number;
- Current annual report and/or audited financial statement, or federal corporate income tax return;
- Any available promotional pamphlets and brochures which describe the company and its various products, service, etc;
- Explanation of the nature of the events or activities with the beginning and ending dates
- A complete job description for the individual’s proposed engagement — including a list of all contracts, agreements, and promotional materials regarding the competition(s)., and salary and benefits information;
- Itinerary with dates and locations of events;
- Copies of any written contracts between you and your employer (the petitioner), or a summary of the terms of any oral agreement
- Copies of any contracts or agreements related to the competition(s);
- Full name and title of contact person at company who will coordinate paperwork and the full name and title of the company’s authorized signatory for documents;
B. INDIVIDUAL (Foreign national seeking P-1 Classification):
- Completed Immigration Questionnaire (CK Form) and Working Visa Addendum (CK Form);
- Individual’s passport biographic page, I-94, and visa page and all prior immigration approval notices (Forms I-797, I-20, EADs, etc.);
- Individual’s resume, curriculum vitae, etc.;
- Copy of professional licenses, professional society memberships or cards, etc.;
- Written statement from an official of the governing body of the sport which details individual is internationally recognized;
- Written statement from a member of the sports media or a recognized expert in the sport which details how individual is internationally recognized; and
- Depending on type of P-1, documentation establishing that individual and/or group has been recognized internationally as outstanding in the discipline for a sustained and substantial period of time.
P-2 Status: Reciprocal Exchange Programs
The P-2 classification is for artists and entertainers, individually or as a group, who will perform under a reciprocal exchange program between an organization in the United States and an organization in another country. The best known programs are those between the American Federation of Musicians and its Canadian counterpart, and between Actors’ Equity and its counterparts in Canada and the United Kingdom.
The petition may be filed by the sponsoring labor organization in the United States, or by a U.S. employer. It must include:
- A copy of the formal reciprocal exchange agreement between the U.S. organization and the organization abroad;
- A statement from the sponsoring organization describing the reciprocal exchange of U.S. artists or entertainers as it relates to the specific petition;
- Evidence that the foreign artists and the U.S. artists subject to the exchange have comparable skills, and that the terms and conditions of employment are similar; and
- Evidence that an appropriate labor organization in the United States was involved in negotiating, or has agreed to, the exchange.
P-3 Status: Culturally Unique Programs
The P-3 classification is for artists and entertainers, individually or as a group, who are coming to the United States to perform, teach or coach in a program that is culturally unique. “Culturally unique” means a style of artistic expression, methodology or medium which is unique to a particular country, nation, society, class, ethnicity, religion, tribe or other group of persons. The program may be commercial or noncommercial. Unlike the P-1, the P-3 does not require international recognition or a sustained relationship with a group.
The petition must include:
- Affidavits, testimonials or letters from recognized experts attesting to the authenticity of the individual’s or the group’s skills in performing, presenting, coaching or teaching the unique or traditional art form, and giving the expert’s own credentials; or documentation that the performance is culturally unique, such as reviews in newspapers, journals or other published materials;
- Evidence that all of the performances or presentations will be culturally unique events; and
- A written consultation from an appropriate labor organization.
Essential Support Personnel
Support personnel who are an integral part of the performance of a P-1, P-2 or P-3 artist, athlete or group, and who perform services that cannot readily be performed by a U.S. worker, may be admitted in the same classification. Coaches, trainers, stagehands, sound and lighting technicians and team officials are common examples. A separate petition must be filed for the support personnel, with its own labor consultation and a statement describing their prior and current essential skills and experience with the principal.
P-4 Status: Family Members
The spouse and unmarried children under 21 of a P-1, P-2 or P-3 visa holder may accompany him or her in P-4 status for the same period. They may attend school, but they are not permitted to work.
Length of Stay
P-2 and P-3 status is granted for the time needed to complete the event, performance or tour, up to one year. Extensions may be granted in increments of up to one year to continue or complete the same event or activity. Individual P-1 athletes are treated differently, and may be admitted for up to five years with one extension of up to five years.
DISCLAIMER: The confidential information provided in this memorandum is for information purposes only and is not intended to be legal advice. This information is not intended to create an attorney-client or other relationship between Kuck Baxter Immigration LLC and the recipient. The reader should consult with an immigration attorney before acting in reliance on any such information.
