P Visa – Athlete/Entertainer Visa

A
What is P visa?

P Visa category is reserved for aliens who wish to come to the United States to perform services as an internationally recognized athlete, entertainer, and/or performer.

Additionally, spouses and minor children of a P-1, P-2 or P-3 alien may accompany them to the United States on a P-4 visa.

B
P Visa Categories and Required documents

  • P-1 Visa: Athlete or Member of an Athletic Team

The P-1A classification applies to you if you are coming temporarily to the United States solely for the purpose of performing at a specific athletic competition as:

1). An individual athlete at an internationally recognized level of performance;

2). Part of a group or team at an internationally recognized level of 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.

a. Eligibility Criteria

Internationally Recognized Individual Athletes

You must be coming to the United States to participate in a specific athletic competition in a sport in which you are internationally recognized. You are internationally recognized if you have a high level of achievement in a sport, demonstrated by a degree of skill and recognition substantially above that ordinarily encountered. Your achievement must be renowned, leading, or well-known in more than one country. The competition(s) you wish to participate in must have a distinguished reputation and require the participation of internationally recognized athletes.

Internationally Recognized Athletic Teams

You 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 require the participation of internationally recognized athletic teams.

Professional Athletes

You must be coming to the United States to be employed as an athlete by:

1). 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

2). Any minor league team that is affiliated with such an association.

Amateur Athletes or Coaches

You 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:

1). The league or association must consist of 15 or more amateur sports teams;

2). Participation in the league must make players temporarily or permanently ineligible under National Collegiate Athletic Association rules to:

i). Earn a scholarship in the sport at a U.S. college or university; or

ii). Participate in the sport at a U.S. college or university;

3). The league or association must be the highest level of amateur performance of that sport in the relevant foreign country; and

4). 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

You 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.

b. Evidence to Submit

Your employer, agent, or sponsor, must submit all of the following required documents with your Form I-129:

1). A written consultation from an appropriate labor organization. The consultation must describe the work or services to be performed in the United States and your qualifications for such work. The labor organization may also submit a letter of no objection to the approval of the petition. If no appropriate labor organization exists, this requirement is excused;

2). Copies of any written contracts or summaries of the terms of oral agreements containing the terms of your employment; 

3). An explanation of the nature of the events or activities, the beginning and ending dates for the events or activities, and a copy of any itinerary for the events or activities; and

4). Any additional documents required for your specific P-1A category below.

For Internationally Recognized Individuals or Teams

1.You must submit a copy of a tendered contract with a major U.S. sports league or team, or in an individual sport commensurate with international recognition in the sport, if such contracts are normally utilized in the sport, and documentation of at least two of the following:

i). Evidence of having participated to a significant extent in a prior season with a major United States sports league;

ii). Evidence of having participated in international competition with a national team;

iii). Evidence of having participated to a significant extent in a prior season for a U.S. college or university in intercollegiate competition;

2. A written statement from an official of the governing body of the sport which details how you or your team is internationally recognized;

3. A written statement from a member of the sports media or a recognized expert in the sport which details how you or your team is internationally recognized;

4. Evidence that you or your team is ranked, if the sport has international rankings; or

5. Evidence that you or your team has received a significant honor or award in the sport.

For Professional Athletes

You must submit evidence that:

1.Establishes that you will be working for a team located in the United States that is a member of an association of six or more professional sports teams. This may include but is not limited to:

i). A list of approved participating teams prepared by the association or league;

ii). Contracts, agreements or other documentation showing that the team is a member of the association or league;

iii). Letter from the association or league detailing and confirming the team’s membership;

iv). Articles, reviews or other documentation from established sports media outlets or sports media personnel showing the team is a member of a qualified league or association; or

v). Marketing and promotional material of the association or league that identifies its member teams.

2. Establishes that the total combined revenues of the association’s teams exceeds $10 million per year. This may include but is not limited to:

i). Tax documents;

ii). Audited financial documents; or

iii). Articles or reports in established media outlets that specifically reference revenues generated by teams in the association or league.

3. Establishes that the association governs the conduct of its members and regulates the contests and exhibitions in which its member teams regularly engage. This may include but is not limited to:

i). Association or league rules and bylaws;

ii). Articles or reports in established media outlets that specifically discuss action taken by the association or league to regulate the contests and exhibitions; or

iii). Statements from association or league officials who have the knowledge and authority to confirm the manner and extent to which the association or league regulates the contests and exhibitions.

If you will be working for a minor league team affiliated with an association that meets the requirements described above, you must establish that the minor league team has a qualifying affiliation. This may include but is not limited to:

1). Contracts or agreements;

2). Statements from association or league officials detailing and confirming the team’s affiliation;

3). Marketing and promotional material of the association or league that identifies the minor league team’s affiliation;

4). Other documentation showing the team is affiliated with a qualified league or association; or

5). Articles, reviews, or other documentation from established sports media outlets or sports media personnel showing the team is affiliated with a qualified league or association.

Amateur Athletes or Coaches

Your employer, agent, or sponsor must submit evidence that you are coming to the United States to perform as an athlete or coach as part of a team or franchise located in the United States that is a member of a foreign league or association that meets the requirements listed in the Eligibility Criteria section of this page.

This evidence may include but is not limited to:

1). Reviews, articles, and reports from established sports media outlets showing the level of performance of the league or association; or

2). Contracts, copies of rules and by-laws, and other documentation from the league office showing the level of performance of the member teams.

For Theatrical Ice Skaters

You must submit evidence that you will be performing individually or as part of a group in a theatrical ice skating production. This may include but is not limited to:

1). Reviews, critiques, and descriptions of the theatrical performance from established journals, newspapers, and other entertainment or sports media;

2). An itinerary or schedule of the performances; and

3). Evidence of your past accomplishments and awards.

  • P-1B A Member of an Internationally Recognized Entertainment Group

The P-1B classification applies to you if you are coming to the United States temporarily to perform as a member of an entertainment group that has been recognized internationally as outstanding in the discipline for a sustained and substantial period of time.

a. Eligibility Criteria

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.

Your entertainment group must be internationally recognized, having a high level of achievement in a field evidenced by a degree of skill and recognition substantially above that ordinarily encountered. The reputation of the group, not the individual achievements of its members or the acclaim of a particular production, is essential.

Note: Individual entertainers not performing as part of a group are not eligible for this visa classification.

b. Special Provisions for Certain Entertainment Groups

Alien circus performers and essential circus personnel are exempt the one year requirement and the internationally recognized requirement. The alien or aliens 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.

c. Supporting Documents

Form I-129 must include the following documents:

1). Written consultation from an appropriate labor organization

2). Itinerary with the dates and locations of the performances

3). A copy of the contract between the petitioner and the beneficiary or summary of terms of the oral agreement under which the beneficiary will be employed

4). Evidence that your group has been established and performing regularly for at least one year

5). 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

6). Evidence that your group is internationally recognized as outstanding in the discipline for a sustained and substantial period of time as demonstrated by evidence of your group’s receipt of, or nomination for, significant international awards or prizes for outstanding achievement in the field, or evidence of at least three of the following:

i). Your group has performed and will perform as a starring or leading entertainment group in production or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications, contracts, or endorsements

ii). Your 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

iii). Your group has performed and will perform services as a leading or starring group for organizations and establishments that have a distinguished reputation as evidenced by articles in newspapers, trade journals, publications, or testimonials

iv). Your group has a record of major commercial or critically acclaimed successes, as evidenced by indicators such as ratings, box office receipts, record, cassette or video sales, and other achievements as reported in trade journals, major newspapers or other publications

v). Your group has received significant recognition for achievements from critics, organizations, government agencies or other recognized experts in the field

vi). Your group has commanded and 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

  • P-2 Individual Performer or Part of a Group Entering to Perform Under a Reciprocal Exchange Program

The P-2 classification applies to you if you are coming temporarily to perform as an artist or entertainer, individually or as part of a group, who will perform under a reciprocal exchange program between an organization in the United States and an organization in another country.

a. Eligibility Criteria

You must be an artist entering the United States through a government recognized reciprocal exchange program. In addition, you must possess skills comparable to those of the United States artists and entertainers taking part in the program outside the United States.

b. Supporting Documents

The Form I-129 must include the following documents:

1.Written consultation by an appropriate labor organization

2.Copy of the formal reciprocal exchange agreement between the sponsoring U.S. organization(s) and the organization(s) in a foreign country which will receive the United States artist or entertainer

3.Statement from the sponsoring organization describing the reciprocal exchange of United States artists or entertainers as it relates to the specific petition for which classification is sought

4.Evidence that you and the U.S. artist or entertainer subject to the reciprocal exchange  employment are similar

5.Evidence that an appropriate labor organization in the United States was involved in negotiating, or has concurred with, the reciprocal exchange of U.S. and foreign artists or entertainers.

Note: If the events or performances will take place in multiple areas, an itinerary must be submitted. The itinerary must list the dates and locations of the events.

  • P-3 Artist or Entertainer Coming to Be Part of a Culturally Unique Program

The P-3 classification applies to you if you are coming temporarily to perform, teach or coach as artists or entertainers, individually or as part of a group, under a program that is culturally unique.

a. Eligibility Criteria

For a P-3 visa, you must be coming to the United States either individually or as a group for the purpose of developing, interpreting, representing, coaching, or teaching a unique or traditional ethnic, folk, cultural, musical, theatrical, or artistic performance or presentation. In addition, you must be coming to the United States to participate in a cultural event or events which will further the understanding or development of your art form. The program may be of a commercial or noncommercial nature.

b. Supporting Documents

Your Form I-129 must include the following documents:

1). Written consultation from an appropriate labor organization

2). A copy of the contract between the petitioner and the beneficiary or the summary of the terms of an oral agreement between the petitioner and the beneficiary

3). An explanation of the event and itinerary

4). Affidavits, testimonials or letters from recognized experts attesting to the authenticity of your or your group’s skills in performing, presenting, coaching or teaching the unique and traditional art forms and giving the credentials of the expert including the basis of his or her knowledge of your or your group’s skills; OR documentation that your or your group’s performance is culturally unique as evidenced by reviews in newspapers, journals or other published materials.

5). Documentation that all of the performances or presentations will be culturally unique events

Note: If the events or performances will take place in multiple areas, an itinerary must be submitted. The itinerary must list the dates and locations of the events.