P-1 Visas

P-1 Visa for Artists, Musicians, Performers:

The P-1 Athletes, Entertainers, Musicians visa is issued to athletes and internationally recognized artists and peformers who wish to come to the U.S. to participate in a competition, event or performance, individually or as a group.

In order to be eligible to apply for a P-1 visa based on international recognition as an artist or performer, the following conditions must be present:

• The applicant(s) must be internationally recognized as an athlete, artist or performer for a sustained, substantial period of time and must be coming to the U.S. to participate in an internationally recognized event.
• If the applicants will be performing as part of a group, evidence documenting that the group was established and has been performing together for a minimum of at least one year must be submitted.
• If the applicants will be performing as part of a group, evidence documenting that each respective applicant performs an integral function to the group’s performance must be submitted.

To document the applicant / group’s sustained, substantial international acclaim, the applicant / group must have received or been nominated for significant international awards / prizes. Alternatively, the applicant / group may qualify for P-1 visa issuance if a minimum of 3 of the following conditions are met:

• The applicant / group must have performed and will perform in a production or event of distinguished reputation as a lead or starring individual / group. These performances must be documentable through evidence such as critical reviews, advertisements, publicity releases, contracts, and / or endorsements.
• The applicant / group must have received national and / or international recognition for their achievements. This recognition must be in the form of critical reviews or other published materials which were either written about the applicant(s) in publications such as major newspapers, trade journals and / or magazines.
• The applicant / group must have performed and will perform for an organization and / or establishment of distinguished reputation as a lead or starring individual / group. This performance must be documentable through evidence such as newspaper articles, trade journals, publications, and / or testimonials.
• The applicant / group must have a record of major success evidenced by indicators such as rating, box office records, record / video sales, and / or achievements reported in publications such as major newspapers, trade journals.
• Organizations, critics, government agencies or other experts in the applicant’s / group’s field must have provided the applicant / group with significant recognition for their achievements. This recognition must provide the testifier’s authority, expertise and knowledge of the applicant’s / group’s accomplishments.
• The applicant / group must be able to prove through contracts or other reliable documentation that they received or will receive high remuneration for their services.

In order to apply for a P-1 visa, the applicant’s / group’s petitioner is required to obtain an “Advisory Opinion” letter from a peer group, organization, or labor / management association in the U.S. which has expertise in the applicant’s / group’s field. This letter must refer to the applicant’s / group’s qualifications, the nature of the performance and the organization’s credibility in making these statements. Additionally, this letter must state that the group has been performing together for a minimum period of at least one year.

The P-1 visa is generally issued for the period covering the event / performance, however, it can be issued for a maximum period of 5 years, and can be extended for an additional maximum period of 5 years.

Spouses and children under the age of 21 are eligible to accompany the P-1 holder to the U.S. for the duration of the P-1 visa under the separate P-4 visa category. Spouses and children are also authorized to study in the U.S. without applying for a separate student visa. Spouses and children are not eligible for employment in the U.S. under the P-4 visa category.

If the applicant / group requires highly skilled support personnel to accompany to them to the U.S. for the duration of the event / performance, they must be included in the visa application. Additionally, these individuals must perform services that are highly essential to the performance and can not be performed by U.S. workers.

P-1 Visa for Athletes:

The P-1 Athletes, Entertainers, Musicians visa is issued to athletes and internationally regognized artists and peformers who wish to come to the U.S. to participate in a competition, event or performance, individually or as part of a team.

In order to be eligible to apply for a P-1 visa based on international recognition as an athlete, the applicant must be able to provide a contract copy with a major U.S. sports league. Alternatively, if the applicant has gained international recognition in an individual sport, a contract copy must be provided, if applicable. Additionally, the applicant must be able to provide documentation for a minimum of at least 2 of the following conditions:

• The applicant must have previously significantly participated in a major U.S. sports league.
• The applicant must have significantly participated in a competition of international acclaim with a national team.
• The applicant must have previously significantly participated in an intercollegiate competition for a U.S. university or college.
• An authorized official representing the governing organization of the applicant’s sport must provide a written statement indicating the manner in which the applicant / team is recognized on an international level.
• An authorized official from sports media or an expert of the applicant’s sport must provide a written statement indicating the manner in which the applicant / team is recognized on an international level.
• If the sport in which the applicant / team is recognized has an international ranking system, the applicant must be able to provide the ranking information.
• The applicant / team must have received an award / honor of significance in their field.

In order to apply for a P-1 visa, the applicant’s / team’s petitioner is required to obtain an “Advisory Opinion” letter from a peer group, organization, or labor / management association in the U.S. which has expertise in the applicant’s / team’s field. This letter must refer to the applicant’s / team’s qualifications, the nature of the sporting event / competition, and the organization’s credibility in making these statements.

The P-1 visa is generally issued for the period covering the sporting event / competition, however, it can be issued for a maximum period of 5 years, and can be extended for an additional maximum period of 5 years.

Spouses and children under the age of 21 are eligible to accompany the P-1 holder to the U.S. for the duration of the P-1 visa under the separate P-4 visa category. Spouses and children are also authorized to study in the U.S. without applying for a separate student visa. Spouses and children are not eligible for employment in the U.S. under the P-4 visa category.

If the applicant / team requires highly skilled support personnel to accompany to them to the U.S. for the duration of the sporting event/competition, they must be included in the visa application. Additionally, these individuals must perform services that are highly essential to the performance and can not be performed by U.S. workers.

HOW WE CAN HELP YOU

The Kule Law Firm provides assistance and advice regarding B-1, including the parameters of permissible activities and options for extensions or changes of status. Our attorneys provide guidance and representation in connection with requests for B-1  personal and/or domestic attendants. We provide B-1 visa application assistance and advice to individuals who are abroad.

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