> Overview

A P-1 petition is an employment-based visa petition through which an employer or agent can ask the government to provide a work visa for an athlete or entertainer. While the P-1 visa standards are high, a P-1 visa can be easier to obtain than an O-1 visa for extraordinary ability.

An athlete may qualify for a P-1 visa if the athlete is internationally recognized or will be a member of an internationally recognized team and seeking to perform at an athletic competition (including a tournament, tour, or season) in the US. The athlete must also provide at least two of the following:

• Substantial participation in a prior season with a major US sports league
• Substantial participation in a prior season for a US university or college in intercollegiate competition
• Participation in international competition with a national team
• The athlete or team’s ranking if the sport has international rankings
• Significant honors or awards the athlete or team has received in the sport
• A written statement from an official of a major US sports league or official of the governing body for a sport that details how the alien or team is internationally recognized

A members of an entertainment group may qualify for a P-1 visa if the entertainment group is internationally recognized and at least 75% of the group’s members have been with the group for at least one year. International recognition is demonstrated by the group’s nomination for or receipt of a significant international award or prize for outstanding achievement or at least three of the following:

• Prior or future performance as a starring or leading group in productions or events with a distinguished reputation
• International acclaim for outstanding achievement in the field
• ajor critical or commercial success
• Significant recognition for achievement from critics, organizations, government agencies, or other recognized experts in the field
• Command of a high salary or other compensation for services compared to others in the field

The agent or employer must also include with its petition a copy of the contract for the performance or competition and an advisory opinion from an entity such as a peer group or labor organization in the industry if such an organization exists. The advisory opinion must state that the individual qualifies an alien of extraordinary ability.

We will work with the agent or employer to assure all documents will satisfy the government’s requirements. Such documents include the offer of employment letter and an advisory opinion, which we will help procure. We will work with the individual to obtain all necessary documents.

To submit the best P-1 petition, both the individual and the employer or agent will need to provide us with as many relevant documents supporting the individual’s claim to satisfy as many of the above requirements as possible.

Due to the large amounts of money combined with critical timing needs often involved with P-1 visa holders, we strongly encourage anyone wishing to procure a P-1 visa seek the counsel of an immigration attorney to assist in satisfying the government’s high standards.

Who is it for?

An alien who:

• performs as an athlete individually or as part of a group or team that is internationally recognized, or
• performs with or is an integral or essential part of an entertainment group that has been recognized internationally as being outstanding in its discipline for a sustained and substantial period of time and has been part of that group for at least one year

and who seeks temporary entry to the United States for to perform in a competition, event, or performance.

> What does it mean to be internationally recognized?

“Internationally recognized” means having a high level of achievement demonstrated by skill and recognition substantially above ordinary to the point of being at least well-known in more than one country.

> What is the minimum number of people to be considered a team or entertainment group?

Two. Solo entertainment acts should examine the O visa.

> How do athletes demonstrate my qualifications for a P-1 visa?

1. Documentation showing that your group has been performing for at last one year
2. A list of all members of your group and the dates of their employment, and
3. Evidence that your group has been nominated for or has received significant international awards, or any three of the following:
• Evidence that your group has performed, and will perform, as a lead or starring entertainment group in productions or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications contracts, or endorsements;
• Evidence that your group has achieved international recognition for outstanding achievement evidenced by reviews in major newspapers, trade journals, magazines, or other publications;
• Evidence that your group has performed, and will perform, as a leading or starring entertainment group for organizations and establishments that have a distinguished reputation evidenced by articles in newspapers, trade journals, publications, or testimonials;
• Evidence that your group has a record of major commercial or critically acclaimed success as evidenced by such indicators as ratings; standing in the field; box office receipts; record, cassette, or video sales; and other occupational achievements reported in trade journals, major newspapers, or other publications;
• Evidence that your group has received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field. Such testimonials must be in a form which clearly indicates the author's authority, expertise, and knowledge of your group’s achievements; or
• Evidence that your group has either commanded a high salary or will command a high salary or other substantial remuneration for services in relation to others in the field, as evidenced by contracts or other reliable evidence.

> How do entertainment groups demonstrate their qualifications for a P-1 visa?

1. A contract offer with a US sports league or team, or a contract offer in an individual sport in which you have international recognition, if contracts are normal in the sport, and
2. At least two of the following:
• Evidence of having participated to a significant extent in a prior reason with a major US sports league
• Evidence of having participated in international competition with a national team
• Evidence of having participated to a significant extent in a prior season for a US college or university in intercollegiate competition
• A written statement from an official of the governing body of the sport detailing 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 detailing how you or your team is internationally recognized
• Evidence that you or your team are ranked, if the sport has international rankings, or
• Evidence that you have received a significant honor or award in the sport.

> Can I petition for myself?

Unfortunately, self-petitioning for a P visa is prohibited.

If you want to petition for yourself, please explore obtaining a green card based on extraordinary ability and contact us to schedule a consultation.

Your employer or agent must petition for you.

> What documentation is needed?

• As much evidence as possible demonstrating your qualifications to the government’s satisfaction
• Copies of written contracts between the petitioner and beneficiary, or a summary of an oral agreement
• An explanation of the nature events or activities, the beginning and ending dates for the events or activities, and a copy of any itinerary for the events or activities.
• A written opinion from an appropriate consulting entity explaining ______.

> What is an event or activity?

In the O visa context, “event” means an activity such as, an athletic competition, athletic season, tournament, tour, exhibit, project, entertainment event, or engagement.

Short vacations, promotional appearances, and stopovers may be included.

A group of related activities may also be considered to be an event, so could a

In the case of a P-1 athlete, the event could be your contract.

> Who qualifies as an appropriate consulting entity?

A group or organization comprised of practitioners of your occupation.

If there is a collective bargaining representative of employees in your occupation, that representative can be an appropriate consulting entity.

> Evidence or documentation supporting my petition is in a language other than English. Can it be included?

Yes, along with an English translation.

> Who may come with or follow to join a P-1 visa holder?

The P-1 beneficiary’s opposite-gender spouse and all children under age _____ may receive P-4 visas.

Also, the employer may file separate petitions for P-2 visas for essential support staff.

> Can my family in P-4 status work in the United States?

No, but they can attend school.

> How long is the P visa valid?

For athletes, your P status will be valid for up to 5 years with an extension valid for five years.

For members of entertainment groups, your P status will be valid for no more than one year.

Spouses and dependent children will have P-4 status valid for the same length as their spouse or parent.

Essential support personnel will have valid P status for the necessary time to complete the event, up to one year, and may receive extensions for similar periods.

> Who qualifies as a essential support personnel?

An alien who is an integral part of the performance of a P visa holder because he or she performs support services which cannot readily be performed by a US worker and which are essential to the successful performance of services.

> When can the petition be filed?

No more than one year before the actual need for services.