Minnesota P1 Visa Athletes, Artists, and Entertainers Attorney

P1 Visa Athletes, Artists, and Entertainers

P1-A (Athletes)

P-1A is a special classification designed for residents of foreign nationals who will be temporarily visiting the United States for the sole purpose to perform in a specified athletic competition as an athlete, individually, or as a part of a group or team at an internationally recognized level of performance.

Application Process

An employer must file a Form I-129, Petition for Non-Immigrant Worker along with the filing fee and supporting documentation on behalf of the athlete before the intended person(s) enter the United States.  Supporting documentation may include:

The Form I-129 must include the following documents:

• A written consultation from an appropriate labor organization
• A copy of the contract with a major U.S. sports league or team or a contract in an individual sport commensurate with international recognition in the sport, if such contracts are normally utilized in the sport
• An explanation of the event and itinerary
• Documentation of at least two of the following:
  • 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

Applicants may apply at a United States Embassy or Consulate as long as approval of the application has been granted.

Family of P-1A Visa Holders

Family is limited to the spouse and unmarried children under 21 years of age.  These family members are eligible to apply for P-4 non-immigrant status.  Dependents may not engage in employment, however they may enroll in school or academic studies at the collegiate level.

P1-B (Internationally Recognized Entertainment Group)

If you are planning a temporary trip to the United States to perform as a member of an internationally recognized entertainment group you are eligible to apply for the P1-B visa.  This visa only applies to members of a highly recognized group and individual performers are not eligible to apply.

Eligibility Requirements

• No less than 75% of the members of the group have had a substantial and sustained relationship with the group for a minimum of one year.
• The entertainment group must have attained a high level of achievement that is internationally recognized in a field proven by a degree of skill and substantial recognition that exceeds what is normally met.
• The group’s reputation as a whole is essential (excludes the accomplishments and reputation of individual members).

Exceptions/Provisions

Foreign circus performers, staff, and foreigners coming to the United States to join a nationally recognized circus, are exempt from the one year requirement and the internationally recognized requirement.  Select entertainment groups that prove they have have been recognized internationally for their outstanding performance in their field and have sustained that recognition for a considerable period of time may also have the international requirement waived under special circumstances.

Application Process

The entertainment group’s employer must submit Form I-129, Petition for a Non-Immigrant Worker along with by the filing fee and supporting documentation.  Petitioners who are filing as an agent for multiple employers are required to provide proof they are legally authorized to act as an agent.  The Petitioner must also provide a consultation from the appropriate labor organization in regards to the nature of the work to be conducted while in the United States or a written statement providing evidence that the group has indeed been established and performing on a regular basis for at least one consecutive year unless there is not an appropriate labor organization that exists.

The Petition must include the following support:

• Written consultation from an appropriate labor organization
• Itinerary with the dates and locations of the performances
• A copy of the contract between the petitioner and the beneficiary or summary of terms of the oral agreement under which the beneficiary will be employed
• Evidence that your group has been established and performing regularly for at least one year
• 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
• Evidence that your group is internationally recognized as outstanding in the discipline for a sustained and substantial period of time as demonstrated by evidence of your group’s receipt of, or nomination for, significant international awards or prizes for outstanding achievement in the field, or evidence of at least three of the following:
  • The group has performed and will perform as a starring or leading entertainment group in production or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications, contracts, or endorsements
  • The group has achieved international recognition and acclaim for outstanding achievement in its field as evidenced by reviews in major newspapers, trade journals, magazines or other published material
  • Your group has performed and will perform services as a leading or starring group for organizations and establishments that have a distinguished reputation as evidenced by articles in newspapers, trade journals, publications, or testimonials
  • Your group has a record of major commercial or critically acclaimed successes, as evidenced by indicators such as ratings, box office receipts, record, cassette or video sales, and other achievements as reported in trade journals, major newspapers or other publications
  • Your group has received significant recognition for achievements from critics, organizations, government agencies or other recognized experts in the field
  • Your group has commanded and will command a high salary or other substantial remuneration for services comparable to others similarly situated in the field, as evidenced by contracts or other reliable evidence

Applicants may apply at a United States Embassy or Consulate as long as approval of the application has been granted.

Family of P-1B Visa Holders

Family is limited to the spouse and unmarried children under 21 years of age.  These family members are eligible to apply for P-4 non-immigrant status.  Dependents may not engage in employment, however they may enroll in school or academic studies at the collegiate level.

P2 Artistic Exchange Visa (Individual Performers or a portion of a group)

If you are a foreign national who is traveling to the United States to perform individually or as a portion of a group under a reciprocal exchange program between an organization within the United States and another country.

Eligibility Requirements

• Must be an artist entering the United States through a government recognized reciprocal exchange program
• Must possess skills comparable to those of the United States artists and entertainers taking part in the program outside of the United States

Application Process

A United States employer or sponsoring organization must file Form I-129, Petition for a Non-Immigrant Worker on behalf of the performer, artist, or entertainer.  Any petitioner who intends to file as an agent for multiple employers must demonstrate they are legally able to act as an authorized agent.

The Form I-129 must include the following documents:

• Written consultation by an appropriate labor organization
• Copy of the formal reciprocal exchange agreement between the sponsoring U.S. organization(s) and the organization(s) in a foreign country which will receive the United States artist or entertainer
• Statement from the sponsoring organization describing the reciprocal exchange of United States artists or entertainers as it relates to the specific petition for which classification is sought
• Evidence that you and the U.S. artist or entertainer subject to the reciprocal exchange agreement are artists with comparable skills and that the terms and conditions of employment are similar
• Evidence that an appropriate labor organization in the United States was involved in negotiating, or has concurred with, the reciprocal exchange of U.S. and foreign artists or entertainers.

*Please note that should the events or performances will take place in multiple areas, an itinerary must be submitted. The itinerary must list the dates and locations of the events.

P3 (Artist or Entertainer that is part of a Culturally Unique Program)

This visa classification is designed for those who are entering the United States on a temporary basis to perform, teach, or coach as an artist or entertainer under a program that is recognized as culturally unique.  The program may be considered commercial or non-commercial in nature.

Eligibility Requirements

• Must be traveling to the United States individually or as a group for the purpose of developing, interpreting, representing, coaching, or teaching a unique or traditional ethnic, folk, cultural, musical, theatrical, or artistic performance or presentation
• Must be traveling to the United States as part of a cultural event or events whose purpose will further the development and understanding of that particular form of art.

Your Form I-129 must include the following documents:

• Written consultation from an appropriate labor organization
• A copy of the contract between the petitioner and the beneficiary or the summary of the terms of an oral agreement between the petitioner and the beneficiary
• An explanation of the event and itinerary
• Affidavits, testimonials or letters from recognized experts attesting to the authenticity of your or your group’s skills in performing, presenting, coaching or teaching the unique and traditional art forms and giving the credentials of the expert including the basis of his or her knowledge of your or your group’s skills; ORdocumentation that your or your group’s performance is culturally unique as evidenced by reviews in newspapers, journals or other published materials.
• Documentation that all of the performances or presentations will be culturally unique events

*If the events or performances will take place in multiple areas, an itinerary must be submitted. The itinerary must list the dates and locations of the events.

Family of P-3 Visa Holders

Family is limited to the spouse and unmarried children under 21 years of age.  These family members are eligible to apply for P-4 non-immigrant status.  Dependents may not engage in employment, however they may enroll in school or academic studies at the collegiate level.

P1, P2, P3 Support Personnel Petition

This classification is designed for highly skilled foreign nationals who are entering the United States on a temporary basis as an integral part of a performance or competition to perform duties that cannot be easily done by a United States worker.  A United States employer must file the Support Personnel petition in conjunction with the P-1, P-2, or P-3 petition for the athlete, artist, or entertainer.  Additionally, they must provide the following supporting documents:

• A consultation from an from an appropriate labor organization with expertise in the area of the support person’s skill
• A statement describing the support person’s prior and current essentiality, critical skills and experience with the P-1, P-2, or P-3 team, athlete, entertainer, or artist
• A copy of a written 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

Consult an Attorney

Are you looking for more information on P-1, P-2, or P-3 visas? Consult one of our experienced immigration attorneys.  Call us directly at 952-361-5556 (or fill out the free case evaluation form below) to schedule a free initial appointment.