P-1 Internationally Recognized Athletes, Groups/Teams or EntertainmentGroups

P-1 visas is a specialty short-term United States visitor's visa available only to athletes or other entertainers and their coaches/support staff.

P-1A

P-1A visas are available to international athletes coming temporarily to the United States solely for competing in a specific athletic competition.

These include:

1. Individual athletes at an internationally recognized level of performance,
2. Part of a group or team of internationally recognized level performance,
3. A professional athlete, or
4. An athlete or coach, as part of a team or franchise that is located in the United States and a member of a foreign league or association.

The P-1A classification may also apply to professional or amateur athletes coming temporarily to the United Stated to perform in a specific theatrical ice-skating production or tour, as an individual or as part of a group.

Eligibility Criteria

Internationally Recognized Individual Athletes

The athlete must be coming to the United States to participate in a specific athletic competition in a sport in which they are internationally recognized. An athlete is internationally recognized if they have a high level of achievement in a sport, demonstrated by a degree of skill and recognition substantially above that ordinarily encountered. The achievement must be renowned, leading, or well-known in more than one country.

The competition(s) the athlete wishes to participate in must

• Have a distinguished reputation; and
• Be at an internationally recognized level of performance such that it requires the participation of an internationally recognized athlete.

Internationally Recognized Athletic Teams

Foreign nationals who wish to qualify under this category must be coming to the United States to participate in an athletic competition with a team that, as a unit, has achieved international recognition in the sport. The competition in which your team is participating must have a distinguished reputation and be at an internationally recognized level of performance such that it requires the participation of an internationally recognized athletic team.

Professional Athletes

Foreign nationals who want to qualify under the “professional athletes” category must be coming to the United States to be employed as an athlete by:

• A team that is a member of an association of six or more professional sports teams whose total combined revenues exceed $10 million per year. The association must govern the conduct of its members and regulate the contests and exhibitions in which its member teams regularly engage; or
• Any minor league team that is affiliated with such an association.

Amateur Athletes or Coaches

Foreign nationals who wish to qualify under “amateur athletes or coaches” must be coming to the United States to perform as an athlete or coach as part of a team or franchise that is located in the United States and a member of a foreign league or association. The foreign league or association must meet the following requirements:

• The league or association must consist of 15 or more amateur sports teams;
• Participation in the league must make players temporarily or permanently ineligible under National Collegiate Athletic Association rules to:
• Earn a scholarship in the sport at a U.S. college or university; or
• Participate in the sport at a U.S. college or university;
• The league or association must be the highest level of amateur performance of that sport in the relevant foreign country; and
• A significant number of the individuals who play in the league or association are drafted by a major sports league or a minor league affiliate.

Theatrical Ice Skaters

Foreign nationals who wish to qualify as “theatrical ice skaters” must be coming to the United States to participate in a specific theatrical ice-skating production or tour as a professional or amateur athlete who performs individually or as part of a group.

Additionally, the team or athlete must either qualify as “professional” or meet the government’s definition of “international recognition.”

An individual or team is considered as a “professional” if they compete in a major U.S. sports league, which must have a governing body, at least 6 professional sports teams and total combined yearly revenues exceeds $10 million.

Minor league teams or athletes may also qualify if they can present evidence that proves the minor league team is associated with a team that is involved in a league that meets the criteria mentioned above.

Amateur athletes or coaches may also be considered if the league or association consists of 15 or more amateur sports team, ineligible to participate in the NCAA temporarily or permanently, the league or association must have highest amateur performance in relevant foreign country, and significant number of individuals who play are drafted by major sports league or minor league affiliates.

P-1B

P-1B visas are available to those coming to the United States temporarily to perform as a member of an entertainment group. Individual entertainers not performing as part of a group are not eligible for this visa classification.

The group must be one that has been established for a minimum of one year and recognized internationally as outstanding in the discipline for a sustained and substantial period of time.

Eligibility Criteria for P-1B visas:

At least 75 percent of the members of your group must have had a substantial and sustained relationship with the group for at least one year.

The entertainment group must be:

• Internationally recognized
• Have a high level of achievement in a field evidenced by a degree of skill and recognition substantially above that ordinarily encountered, to the extent such achievement is renowned leading, or well-known in more than one country.
• The reputation of the group, not the individual achievements of its members or the acclaim of a particular production, is essential.

Noncitizen circus performers and essential circus personnel are exempt the one-year requirement and the internationally recognized requirement. The noncitizen or noncitizens must be coming to join a nationally recognized circus. Certain nationally known entertainment groups may have the internationally recognized requirement waived if they can establish they have been recognized nationally as outstanding in its discipline for a sustained amount of time in consideration of special circumstances.

The Process

The process to obtain an P-1 visa can be very complicated, and retaining an attorney who thoroughly understands the process can help ensure that your get the visa you need as quickly and smoothly as possible.

Step 1: Petitioner (Employer) files Form I-129 with all of the required evidence.*

Step 2: Complete Form DS-160

Step 3: Pay the Application Fee

Step 4: Prepare your document file

Step 5: Attend the Interview

*This evidence is specific to each individual case and is a large part of why it is so important to hire an experienced immigration attorney to assist you with your immigration petition.

Who Can File A P-1 Petition?

P-1 Petitions may only be filed by a U.S. employer, a U.S. sponsoring organization, a U.S. agent, or a foreign employer through a U.S agent. If a U.S. agent will be filing Form I-129 for you to work for multiple employers while in the United States, the agent must establish that he or she is authorized to act as an agent for all of your employers. The visa will be issued for the amount of time needed to complete the event, competition or performance, P-1A visas for individual athletes can be issued for up to 5 years and extended for an additional 5 years. P-1A visas for athletic teams may be issued up to 1 year, with the possibility of 1-year extensions. P-1B visas will be issued for the amount of time needed to complete the event, competition or performance, but will not be granted beyond 1 year. If extra time is needed, a P-1B visa may be extended in 1-year increments.

Spouse and Children

We can assist your spouse and unmarried children under the age of 21 may obtain P-4 nonimmigrant status. P-4 status does not authorize them to work in the United States, but they may attend school or college. If these family members are already in the United States and seeking a change of status to or an extension of stay in P-4 classification, they may apply collectively.

P-1S Essential Support Personnel

Those that have integral part of the performance of the P-1 nonimmigrant and perform support services that cannot be readily performed by a U.S. worker may be eligible for a P-1S classification. Support personnel may include coaches, scouts, trainers, broadcasters, referees, linesmen, umpires, and interpreters.

WE CAN HELP!

If you think you may qualify for a P-1 visa, contact the immigration attorneys at the Scott Law Firm today!

Our professional team is dedicated to helping individuals with all of their immigration needs, including P-1 visa applications. These petitions can be quite complex, so it is important to have the help of a skilled attorney.