The P-1A visa is for those who are coming to the U.S. to perform at a specific athletic competition as an athlete, individually or as part of a team, at an internationally recognized level of performance. Essential support personnel who are an integral part of the performance of a P-1A athlete (team) are also eligible for P-1A visas (such as coaches, scouts, trainers and other team officials and referees).
The P-1B visa is for those who are coming to the U.S. 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. Individual entertainers who are not performing as part of a group are not eligible for a P-1B visa. Essential support personnel who are an integral part of the performance of a P-1B entertainer(s) are also eligible for P-1B visas (such as front office personnel, camera operators, lighting technicians, and stage personnel).
Requirements for P-1
1. P-1A: If you are coming to the U.S. is to participate in individual events, competitions, or performance, you must be an internationally recognized athlete with a high level of achievement, evidenced by a degree of skill and recognition substantially above the ordinary level so that the achievement is renowned, leading, or well known in more than one country.
2. P-1A: If you are coming to the U.S. to participate in team events, you must have achieved significant international recognition in the sport, and the event in which your team is participating must be distinguished and must require the participation of athletic teams of international recognition.
3. P-1A: If you are coming to the U.S. as an essential support person, you must be an integral part of the performance of a P-1A athlete/team and must perform support services which cannot be readily performed by a U.S. worker.
4. P-1B: If you are coming to the U.S. as a member of an entertainment group, at least 75 percent of the members of your group must have had a substantial and sustained relationship with the group for at least 1 year. Also, your entertainment group must be internationally recognized, having a high level of achievement, evidenced by a degree of skill and recognition substantially above the ordinary level. The reputation of the group, not the individual achievements of its members or the acclaim of a particular production, is essential. Exception: alien circus performers and essential circus personnel are exempt the 1-year requirement and the internationally recognized requirement. The alien or aliens must be coming to join a nationally recognized circus.
How to apply
1. First, your U.S. employer must file a Form I-129, Petition for Non-Immigrant Worker, along with proper Supplements and supporting documents, with USCIS. If a petitioner is an agent who will be filing for multiple employers, the agent must establish that it is duly authorized to act as an agent.
Supporting documents must include:
----- Consultation from an appropriate labor organization. The consultation must describe the work/services to be performed in the U.S. and your or your group/team's qualifications for such work/services.
----- P-1A: Copy of the contract with a major U.S. sports league or team, or copy of the contract in an individual sport commensurate with international recognition in the sport (if such contracts are normally utilized in the sport).
----- P-1B: Copy of the contract between the petitioner and the alien.
----- Explanation of the details of the event (date/location/contents) and itinerary.
----- P-1A: Specific documentation evidencing your or your team's international recognition (for details, please visit: http://www.uscis.gov/working-united-states/temporary-workers/p-1a-internationally-recognized-athlete).
----- P-1B: Specific documentation evidencing that your group has been established and performing regularly for at least one year.
----- P-1B: Specific documentation evidencing that your group is internationally recognized as outstanding in the discipline for a sustained and substantial period of time (for details please visit: http://www.uscis.gov/working-united-states/temporary-workers/p-1b-member-internationally-recognized-entertainment-group/p-1b-member-internationally-recognized-entertainment-group).
----- P-1B: 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.
2. For essential support personnel, a separate Form I-129 has to be filed. Supporting documents must include:
----- Consultation from an from an appropriate labor organization with expertise in the area of the support person’s skill.
----- Statement describing the support person’s prior and current essentiality, critical skills and experience with the P-1 athlete, team, or entertainment group.
----- Copy of a contract between the employer and the support person, or a summary of the terms of the oral agreement under which the support person will be employed.
3. Once the I-129 petition is approved, you can apply for a P-1 visa at a U.S. Embassy/Consulate.
Period of Stay
1. P-1A individual athlete:
----- Initial period of stay: Time needed to complete the event, competition, or performance, not to exceed 5 years.
----- Extension of stay: Increments of up to 5 years in order to continue or complete the event, competition, or performance. Total stay is limited to 10 years.
2. P-1A atheletic group/team:
----- Initial period of stay: Time needed to complete the event, competition, or performance, not to exceed 1 year.
----- Extension of stay: Increments of up to 1 year in order to continue or complete the event, competition, or performance.
3. P-1A essential support personnel:
----- Initial period of stay: Time to complete the event, activity, or performance, not to exceed 1 year.
----- Extension of stay: Increments of up to 5 years in order to continue or complete the event, competition, or performance. Total stay is limited to 10 years.
4. P-1B:
----- Initial period of stay: Time needed to complete the event, competition, or performance, not to exceed 1 year.
----- Extension of stay: Increments of up to 1 year in order to continue or complete the event, competition, or performance.
Dependents
Dependents (spouse and unmarried children under 21 years of age) of P-1 workers are entitled to P-4 visas/status. P-4 dependents may study, but cannot engage in employment in the U.S.