| P-1/P-2/P-3 Outstanding Athletes and Entertainers
(Group)
P visas are reserved for athletes and
certain entertainers who have achieved national or international
recognition as outstanding in the discipline. The P category
has three subdivisions:
- P-1 aliens are defined as members of entertainment groups
or individual athletes and members of athletic teams;
- P-2 aliens are entertainers who are part of reciprocal
international exchanges; and
- P-3 aliens are those coming to perform in programs that
are culturally unique.
The most striking feature of the P visa definition is that individual
entertainers are excluded, except for reciprocal exchanges and
culturally unique performers. All P nonimmigrants must seek
to enter the United States temporarily and are required to have
a residence abroad that they do not intend to abandon. However,
a P nonimmigrant may pursue a plan to immigrate to the United
States, so long as he or she maintains P status.
The regulations permit essential support aliens to be admitted
in the same classification as the principal alien. To qualify,
the accompanying alien must perform support services which
cannot be readily performed by a United States worker, and
which are essential to the principal alien's performance.
Furthermore, the accompanying alien must also be qualified
to perform the services, have critical knowledge of the specific
services to be performed, and have experience in providing
such support to the principal alien.
P-1 Athletes
P-1 classification is available to an athlete who is internationally
recognized as an individual; alternatively, each member of
an athletic team or group (two or more individuals) may be
admitted as a P-1 alien if the team as a unit is internationally
recognized, even if its individual members are not. Both the
athlete and the position must meet standards of eligibility.
The position must have a distinguished reputation and require
the participation of an individual or team with a distinguished
reputation.
Petitions for P-1 athletes require a tendered contract with
a major United States sports league or team, or a tendered
contract in an individual sport commensurate with international
recognition in that sport (if such contracts are normally
executed in the sport), and documentation of at least two
of the following:
- Evidence of having participated to a substantial extent
in a prior season with a major United States sports league;
- Evidence of having participated in international competition
with a national team;
- Evidence of having participated to a substantial extent
in a prior season for a United States college or university
in intercollegiate competition;
- A written statement from an official of a major United
States sports league or an official of the governing body
of the sport which details how the alien or team is internationally
recognized;
- A written statement from a member of the sports media
or a recognized expert in the sport which details how the
alien or team is internationally recognized;
- Evidence that the individual or team is ranked if the
sport has international rankings, or
- Evidence that the alien or team has received a significant
honor or award in the sport.
P-1 athletes must be coming to perform at a specific athletic
competition
P-1 Entertainers
P-1 status is available only to those entertainers who perform
(or are an integral part of the performance) as members of
an entertainment group. However, if a solo artist usually
performs with the same back-up singers or musicians, the act
may be classified as a group. Entertainers admitted as P-1
nonimmigrants must perform as part of a group or must be ''essential
support aliens.'' It is the stature of the group, and not
of the individual members, that is determinative. The group
must be internationally recognized as outstanding for a sustained
period. There is no requirement, however, that other members
of the group qualify for P-1 classification, or even be aliens.
To qualify an alien as a P-1 member of an entertainment
group, the petition requires:
- Evidence that the group has been established and performing
regularly for a period of at least one year;
- A statement from the petitioner listing each member of
the group and the exact dates which that member has been
employed on a regular basis by the group, and
- Evidence that the group is internationally recognized
in the discipline. This may be demonstrated by the submission
of evidence of the group's nomination or receipt of significant
international awards or prizes for outstanding achievement
in its field or by three of the following different types
of documentation showing that the group:
- Has performed and will perform as a starring or leading
entertainment group in productions or events which have
a distinguished reputation as evidenced by critical reviews,
advertisements, publicity releases, publications, contracts,
or endorsements;
- Has achieved international recognition and acclaim for
outstanding achievement in their field as evidenced by
reviews in major newspapers, trade journals, magazines,
or other published material;
- 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;
- Has a record of major commercial or critically acclaimed
successes, as evidenced by such indicators as ratings,
standing in the field, box office receipts, record, cassette,
or video sales, and other achievements in the field as
reported in trade journals, major newspapers, or other
publications;
- 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 that clearly indicates the author's authority,
expertise, and knowledge of the alien's achievements;
or
- Has commanded or 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.
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