P VISAS FOR ATHLETES AND ENTERTAINERS

• P-I Athletes and Group Entertainers

  •  Person who performs as an athlete, individually or as part of a group or team at "an internationally recognized level of performance" (P-IA) or a person who performs with or is an integral or essential part of an entertainment group that has been recognized internationally as being outstanding in the discipline for a sustained and substantial period of time (P-I B), and in the case of the performer has had a sustained and substantial relationship with the group over a period of at least one year

    1. Internationally recognized means "a degree of skill and recognition substantially above that ordinarily encountered, to the extent such achievement is renowned, leading or well-known in more than one country." 

    2. An entertainment group or athletic team may be as few as 2 persons. The manner in which the act is billed is not a determinative factor. If solo artist or entertainer traditionally performs with back up singers or musician the act can be classified as a group so long as 75% of them have been together for one year or more. If they do not meet the 75% rule then the solo artist must qualify as O-1 and the musicians as O-2s. Memo, Weinig (June 25, 1992).

    3. Both the international recognition and one year prior relationship may be waived for performers and entertainers. A group that is nationally recognized for a sustained and substantial period of time may obtain a waiver if there are special circumstances. The one year prior relationship does not apply to 25% of performers or entertainers in any group and the AG may waive this requirement for any performer or entertainer who replaces an essential: member of the group because of that member's illness or other exigent circumstances or because the performer or entertainer augments the group by performing a critical role.

    4. Circus or circus groups are exempt from both the internationally recognized requirement and the one year prior experience requirement. The circus need only be nationally recognized. There is no requirement that a circus act itself has to have a national or international reputation. It is the reputation of the circus that is at issue. Memo, Weinig (June 25, 1992).

  • Seeks to enter temporarily and solely for purpose of performing in a competition, event or performance.

    1. P-I classification for either athletes or entertainers cannot be used to admit persons solely for promotions, non-performing guest appearances or sports camps. Memo, Weinig (June 25, 1992). Includes athletes performing for an entire season as well as "short vacations, promotional appearances and stopovers which are incidental and/or related to the activity."

  • Individual entertainers are omitted if performing separate and apart from group. Must get O-1 visa.
    

• P-2 Reciprocal Exchange Program.

  • Performs as artist or entertainer individually or as part of a group, or is an integral part of the performance.

  • Seeks to enter temporarily and solely for performing and

  • Is under a reciprocal exchange program which is between an organization or organizations in the U.S. and one or more foreign states and which provides for the temporary exchange of artists, entertainers or groups.
    

• P-3

  • Performs as an artist, entertainer, individual or as part of a group or is an integral part of the performance and

  • Enters temporarily and solely to perform, teach or coach in a commercial or noncommercial program that is culturally unique.

  • May be commercial or non-commercial production. Need not be sponsored by educational, cultural or government agency. 
    

• Essential Support Personnel: Person who is an integral part of the performance of a P- I, P-2 or P-J "because he or she performs support services which cannot be readily performed by a United States worker and which are essential to the Successful performance of services. II The person must have the appropriate qualifications to perform the services, critical knowledge of the specific services and experience in providing such support. For example, the P-I classification includes support personnel for athletes such as coaches, scouts, trainers and other team officials. It may also include referees, linesmen or officials to conduct the games if they are traditionally employed in the sport. Memo, Weinig (June 25, 1992), supra. However, coaches or other officials of teams which are comprised totally of USC's do not qualify. Id Need to apply separately for O-1. To obtain a P status the support personnel must submit a consultation with a labor organization, a statement regarding person's prior essentiality, critical skills and experience with principal petitioner and a copy of the contract or summary of oral contract. 
  

• P-4 Spouses and Children.

  • Can enter as accompanying or following to join as P-4s.  No employment unless authorized. Granted same term of admission as spouse. 

Foreign Residence Abroad Requirement.

• All "Pl applicants must have a foreign residence that they do not intend to abandon.
  

• Petition Process

        Filing:

1. I-129 petition must be filed within the 6 month period prior to services at the RSC having jurisdiction over area where person will work. All petitions, including emergency petitions, must be filed with RSC. Photocopies can be submitted. P-l may be filed by U .S. or foreign employer. P-2/P-3 petitions must be filed by sponsoring organization or U.S. employer. Separate petition for essential support personnel. Amended petitions must be filed if material changes.

2. Multiple employers/multiple work/agents. If multiple work area must submit itinerary. Petition filed at RSC of employer's place of business, unless it is foreign employer and then at RSC where work will begin. If multiple employers, each must file I-129 at RSC where work will be performed. If change in employers, the new employer must file a petition and request to extend stay. If agent is the petitioner, s/he must have itinerary and contract. Must have U.S. agent where P is self-employed or there is a foreign employer. Multiple beneficiaries may be included in petition if they are members of a group seeking classification based on the reputation of the group or if they provide essential support.

3. Substitution of beneficiaries - Can substitute all P categories. Employer must submit letter at consular post or port of entry requesting substitution along with copy of petitioner's approval notice.

• Evidence for all P petitions - Copies of written contracts or summaries of oral contract. Affidavits, awards, or similar documentation regarding achievements, expert opinions.

• P-l Athletes- Need documentation showing that: ( 1) athlete or team internationally recognized; (2) athletic competition must have a distinguished reputation; and (3) competition must require participation of athlete or team with international reputation.
  

  1. Petition must include tendered contract with major U.S. sports league or team or one commensurate with international recognition; and

  2. Any 2 of the following:

     • Significant participation in a prior season in majors;

     • international competition with national team;

     • Significant participation in a prior season for U.S. college or university or intercollegiate competition;

     • written statement from U.S. official in sport about person or team's international recognition;

     • Written statement from expert or sport's media as to international recognition;

     • Team or individual ranking; or

     • Significant honor or award in sport.
       

• P-I Entertainment Groups -  Need documentation showing that: ( 1) group internationally recognized for sustained and substantial period of time; (2) 75% of members of the group have had sustained and substantial relationship with group for one year.

  1. Petition must include evidence that:

     • group has been performing for at least one year;

     • list of members and dates employed;

     • group has been nominated or has received significant international awards or any three of the following documentation regarding international recognition:

       1. Star or lead in performance that has distinguished reputation;

       2. Reviews in major publication;

       3. Star or lead in performance for organization that has distinguished reputation;

       4. Major commercial or critically acclaimed success;

       5. Testimonials regarding group's significant recognition;

       6. or group commands or has commanded high salary

  2. Certain Groups Exempt:

     • Circuses do not have to meet one year group membership requirement or international recognition. Need only show they have been recognized nationally as outstanding for sustained period.

     • Director may waive international recognition for group recognized nationally for sustained period where there are special circumstances.

     • One year relationship may also be waived in exigent circumstances.
       

• P-2 Reciprocal Exchange:  Need documentation showing that. ( 1) persons performing under reciprocal exchange program; (2) exchange is between a U.S. organization and foreign organization; (3) provision is for temporary exchange; and (4) the exchange is between similar caliber performers who are employed under similar conditions.

  1. Documents needed :

     • formal reciprocal exchange agreement;

     • statement from sponsoring organization regarding exchange;

     • evidence that appropriate labor organization in U .S was involved in negotiating or concurs in reciprocal program; and

     • evidence that all exchange artists or entertainers are artists with comparable skills and that the terms and conditions of employment are similar.
       

• P-3 Culturally Unique Program: Need documentation showing that: artist or entertainer has achieved excellence in developing, interpreting, representing, coaching or teaching a unique or traditional ethnic, folk, cultural, musical, theatrical or artistic performance; and (2) artist or entertainer coming to U.S. to promote and facilitate art form. The program may be commercial or non-commercial.

  1. Documentation needed:

     • person involved in culturally unique program for substantial period;

     • person or group has achieved national or international recognition or acclaim;

     • person's or group's skills are authentic and excellent as attested through letters, expert opinions or testimonials;

     • most performances will be culturally unique events.

• Consultations- 

  1. Consultation with an appropriate labor organization regarding the nature of the work to be done and the person's! qualification is mandatory before any P visa petition ~~ approved. Advisory opinion, however, is not binding on INS.

  2. Petitioner must submit a written advisory opinion from union along with I-129 petition. The labor organization may submit a specific opinion or simply a letter stating it has no objection to the approval of the petition.

  3. Two exceptions:

     • Where INS handles case expeditiously and obtain! opinion telephonically; or

     • No appropriate labor organization exists.

  4. For P-I s advisory opinion must evaluate person's or group' ability , comment on their international recognition and sta4 whether services being performed are appropriate for an internationally recognized athlete or entertainment group] P-2 advisory opinions must comment on the bona fides pi the reciprocal program and whether it meets appropriate regulatory standards, P-3 opinions must evaluate the cultural uniqueness of the person's skills, state whether the events are mostly in nature, and state whether the event or activity is appropriate for P-3 classification. For essential support personnel, the advisory opinion must evaluate the person essentiality to and working relationship with the artist or entertainer and state whether U .S. worker are available. Consultations not needed for an extension. Letter. Bednarz, Chief, NIV Branch, Adjudications CO 214h-C (Sept. 29, 1992), reprinted in 69 Interpreter Release.' 1471-72 (Nov. 16, 1992).

  5. The O'I.s list organizations which have agreed to provide opinions and those occupations that do not have organization.

• Admission-

  1. P-l athletics may be admitted for a period of 5 years extended to another 5 years.

  2. P-2/P-3 and essential support  personnel granted admission for time to complete event and extensions for 1 year at a time to complete event.

  3. For extension for visa petition no supporting documents are requested unless requested and no consultation is required. For extension of stay need only statement or letter explaining need foe extension. All requests are on form I-129.Approval on I-797.

  4. The approval of LC or filing of a preference petition shall not be a basis to deny a P petition or extension.

  5. Transportation costs. The petitioner and employer are jointly and severally liable costs of the beneficiary’s trip home if s/he is terminated.

  6. Trader Athletes. Employment authorization remains for 30 days with new team during with new team during which time a new I-129 must filed. If filed, EA continues until petition decided.

• Denial - Petitioner has right to appeal.

• Revocation - May occur automatically if petitioner or employer if there is an agent goes out of business, files a written withdrawal or notifies the INS that the beneficiary is no longer employed. Otherwise, revocation must be by notice.

For further information, send your query to Aparna Davé.