P visa

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The P classification is a type of temporary employment visa, under United States immigration law, that applies to foreign-based athletes and entertainment groups.

The term "P" visa refers to 8 U.S.C. § 1101(P) (also known as Section 101 of the Immigration and Nationality Act), and the classifications are as follows:

  • P-1 applies to individual or team athletes, or members of an entertainment group (P-1B) that are internationally recognized. A maximum of 25,000 P visas are issued annually.
  • P-3 applies to artists or entertainers who perform under a program that is culturally unique.
  • P-4 is for the spouse or child of a P-1, P-2, or P-3 alien and who is accompanying, or following to join, the alien.

[edit] For Athletes

An athletic team can file petition for a foreign athlete, the team must have achieved international recognition in the sport. An athlete who will come to the US to compete in individual events rather than as a team must show that he or she is internationally recognized. USCIS has defined “international recognition” as a “having a high level of achievement in a 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.” The event the athlete is coming to the US to participate in must have a distinguished reputation and must require the participation of athletes and teams of international recognition.

[edit] For Entertainers

Entertainers must be part of an entertainment group to obtain a P-1 visa. Individual artists cannot usually obtain a P-1 visa – except when joining the rest of their foreign entertainment group already in the US. The group must be internationally recognized as outstanding in their area, and have a sustained period of achievement no less than one year. Additionally, a minimum for 75% of the group's individual members must have a substantial relationship to the group, generally satisfied by at least one year of membership.

"Internationally recognized" means having a high level of achievement in a 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. The definition is similar to that of O-1B extraordinary ability, but a bit more stringent. The reputation of the group, not the individual achievements of its members nor the acclaim of a particular production, is paramount.

To establish international recognition, a petitioner may rely either on documentation of a major, one-time achievement by the group, such as the nomination for, or receipt of, a significant international award or prize, or at least three of the following:

  • Has and will perform as leading/starring group in productions/events with distinguished reputations;
  • International recognition/acclaim for outstanding achievements;
  • Has and will perform as leading/starring group for organizations with distinguished reputations;
  • Record of major commercial/critically acclaimed success;
  • Significant recognition from organizations, critics, governments, other recognized experts;
  • Commanded/will command high salary/other substantial remuneration relative to others similarly situated.

[edit] External links

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