P-1A visa for Internationally Recognized Athletes
The P-1A visa is a Non-Immigrant visa granted to individuals or teams who are seeking to enter the U.S. in order to take part in a specific athletic competition or a series of competitions at an internationally recognized level of performance. The P-1A is also open to coaches and members of theatrical ice-skating productions.
This visa requires a U.S. sponsor (which can be a major US sports league or an individual athlete’s employer, sponsor, agent or a foreign employer) to submit a contract between themselves and the foreign athlete, as well as submit a written consultation from a labor organization specialized in the considered field, evidencing that the individual is a recognized athlete in this field.
Additionally, the team or athlete in question must either qualify as “professional” or meet the government’s definition of “international recognition.” An individual or team is “professional” if they compete in a major US sports league, which must have a governing body, at least 6 teams and yearly revenues in excess of $10,000,000. Minor league teams or athletes can also qualify if they can present evidence that proves that the minor league team is associated with a team that is involved in a league that meets the aforementioned criteria.
Alternatively, an individual or team must present evidence of 2 of the following in order to prove that they meet the definition of “international recognition”:
- Evidence of having participated to a significant extent in a prior season with a major United States sports league
- Evidence of having participated to a significant extent in international competition with a national team
- Evidence of having participated to a significant extent in a prior season for a U.S. college or university in intercollegiate competition
- 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 you or your team is internationally recognized
- 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
- Evidence that you or your team is ranked, if the sport has international rankings
- Evidence that you or your team has received a significant honor or award in the sport
The 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.
The spouses and unmarried children under 21 of P-1A visa holders may also receive visas which will allow them to live and study in the United States, but they may not engage in employment.
P-1B visa for Members of an Internationally Recognized Entertainment Group
The P-1B visa is a Non-Immigrant visa granted to a team that has been “recognized as outstanding in the discipline for a substantial and sustained period of time”, and is seeking to enter the U.S. in order to perform.
At least 75% of the entertainment group’s members must have had “had a substantial and sustained relationship” with the group for at least one year.
Along with the application package, the U.S. Petitioner will have to submit a written consultation from a labor organization specialized in the considered field, a list of the foreseen dates and place of representation, and evidencing that the team is internationally recognized.
The visa 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.
The spouses and unmarried children under 21 of P-1B visa holders may also receive visas which will allow them to live and study in the United States, but they may not engage in employment.
P-2 visa for Individual Performer or Part of a Group Entering to Perform Under a Reciprocal Exchange Program
The P-2 visa is a Non-Immigrant visa granted to individuals or teams seeking to enter the U.S. in order to perform under a reciprocal exchange program between an organization in the U.S. and one of a foreign country. The individual or team must possess skills comparable to those of the United States artists and entertainers taking part in the program outside the United States. Evidence must be presented to prove that the skills are comparable.
As part of the application package, the U.S. petitioner will have to submit a written consultation from a labor organization specialized in the considered field, a formal documentation evidencing the existence of the reciprocal exchange program, a copy of a formal contract with the US sponsor or else a summary of the oral contract and proof that an appropriate US labor organization was consulted regarding the reciprocal exchange program.
The visa 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-2 visa may be extended in 1-year increments.
The spouses and unmarried children under 21 of P-2 visa holders may also receive visas which will allow them to live and study in the United States, but they may not engage in employment.
P-3 visa for Artists or Entertainers coming to be Part of a Culturally Unique Program
The P-3 visa is a Non-Immigrant visa granted to individuals or groups seeking to enter the U.S. in order to perform, teach or coach as artists or entertainers under a program that is culturally unique. The program need not necessarily be for profit. P-3 visa holders may enter the US to participate in a “competition, event or performance,” which in practice is interpreted very broadly. A P-3 visa holder may participate in a series of cultural or athletic (as long as the sport is “culturally unique”) competitions, tournaments, exhibitions, projects, shows, performances or entertainment events.
The “culturally unique” criteria extends to “traditional ethnic, folk, cultural, musical, theatrical, or artistic performance or presentation”, and the individual must be coming to the U.S. to participate to cultural event(s) that will further the understanding of the artist’s art form. An example of a “culturally unique” art forms is nearly limitless, here are just a few examples:
- Argentinian Flamenco dancers
- Shaolin Martial Arts performers from China
- Traditional church choirs’ groups from France
- Quran reciters from Egypt
- Traditional Mongolian horse archers
- River dancers from Ireland
- A highland games troupe from Scotland
- Mariachi bands from Mexico
- Bull-riders from Calgary, Canada or from Mato-Grosso Brazil
- Capoeira dancers from Brazil
Along with the application package, the U.S. Petitioner will have to submit a written consultation from a labor organization specialized in the field, provide a description of the event(s)/itinerary and evidences of the artist’s recognition. Other evidence must also be presented in the form a contract with a US sponsor, letters written by experts confirming the cultural uniqueness of the performances to be undertaken, or else present published material in the form newspapers, journals or other published material which proves that the performances are culturally unique.
The visa 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-2 visa may be extended in 1-year increments.
The spouses and unmarried children under 21 of P-3 visa holders may also receive visas which will allow them to live and study in the United States, but they may not engage in employment.
Contact Our P Visa Attorneys in Orlando
If you think you may qualify for a P visa contact us today. Our professional team is dedicated to helping individuals with all of their migration needs, including P visa applications. Suzanne Vazquez and Maud Poudat, Board certified by the Florida Bar as experts in Immigration and Nationality Law, have helped many clients in the past. Call our Immigration Law Firm today during office hours at (407) 674-6968 and we will be glad to help you. If you have an emergency after office hours please call us at (407) 925-2554 and we will contact you shortly. You may also fill in the online form provided in this page and one of our P Visa Attorneys in Orlando will get back to you as soon as possible.