The P nonimmigrant visa classification was created by the Immigration and Nationality Act (INA or Act) specifically to provide for certain athletes, entertainers, and artists who are coming to perform in the United States. Every P-1, P-2, or P-3 applicant must be the beneficiary of a petition approved by U.S. Citizenship and Immigration Services (USCIS) before visa issuance.
TYPES OF P NONIMMIGRANTS
Under INA a noncitizen may be authorized to come to the United States to perform certain services as an artist, athlete, or entertainer for an employer or sponsor. The P classification is divided into four categories.
The P-1 classification applies to the following P-1s:
(1) P-1A: professional athlete or other athlete or team for internationally recognized level of performance:
U.S. immigration laws provides four different ways that an applicant may qualify for P-1A classification:
(a) The athlete or team performs at an “internationally recognized” level of performance (for the definition of “international recognition,”. An athletic team can be as few as two people.
(b) A professional athlete.
(c) An athlete or coach, as part of a team or franchise that is located in the United States and a member of a foreign league or association of 15 or more amateur sports teams, if - the foreign league or association is the highest level of amateur performance of that sport in the relevant foreign country; participation in such league or association renders players ineligible, whether on a temporary or permanent basis, to earn a scholarship in, or participate in, that sport at a college or university in the United States under the rules of the National Collegiate Athletic Association; and a significant number of the individuals who play in such league or association are drafted by a major sports league or a minor league affiliate of such a sports league; and
(d) A professional or amateur athlete coming temporarily to the U.S. to perform in a specific theatrical ice-skating production, individually or as part of a group.
(2) P-1B: Group Entertainers
A P-1B petition is authorized for a noncitizen to be able to perform as part of an entertainment group that has been recognized internationally as being outstanding in the discipline for a sustained and substantial period. Such noncitizen ordinarily must have had a sustained and substantial relationship with the group for at least one year, providing functions integral to the performance of the group. The one-year relationship requirement only applies to 75 percent of the members of an entertainment group, does not apply to circus personnel, and may be waived by USCIS in certain circumstances. An entertainment group may have as few as two (2) people. If an individual entertainer is performing separate and apart from the group, that entertainer should apply for an O-1 petition separately from the rest of the group.
Note: Individual entertainers not performing as part of a group are not eligible for this visa classification.
(3) P-2: Reciprocal Exchange Programs
The P-2 classification applies to artists or entertainers, individually or as a group, or their essential support personnel, who will be performing under a reciprocal exchange program which is between at least one organization in the United States (including management organizations) and at least one organization in one or more foreign states and which provides for the temporary exchange of artists and entertainers. The exchange of artists and entertainers must be similar in terms of caliber of artists and entertainers, and in terms and conditions of employment such as length of employment, and numbers of artists or entertainers involved in the exchange. However, this requirement does not preclude an individual for group exchange.
(4) P-3: Culturally Unique Programs
The P-3 Classification is for artists or entertainers, individually or as a group, or their essential support personnel, who wish to come to the United States to develop, interpret, represent, coach, or teach a unique or traditional ethnic, folk, cultural, musical, theatrical, or artistic performance or presentation. The applicant must be coming to the United States to participate in a cultural event(s) that will further the understanding or development of the art form. The program may be of a commercial or noncommercial nature and does not have to be sponsored by an educational, cultural or government agency. There is no requirement for P-3 applicants that the group have existed before their trip to the United States.
(5) P-4 : Spouse and Children of P-1, P-2, or P-3 holder
The P-4 classification applies to the spouse and children who are accompanying or following to join an individual classified P-1, P-2, or P-3.
USCIS Approval is required before applying for a visa at a U.S. embassy or Consulate:
The U.S. Citizenship and Immigration Services (USCIS) in the United States of America is responsible for adjudicating P visa Petitions before visa issuance or, in the case of visa-exempt individuals, admission into the United States. Every P-1, P-2, and P-3 applicant must be the beneficiary of a petition and the petition has to be approved by USCIS.
USCIS first determines whether the requirements for P status, which are examined in the petition process, have been met.
The U.S. Citizenship and Immigration Services (USCIS) uses the following definitions in adjudicating P petitions:
(1) "Arts" includes fields of creative activity or endeavor such as, but not limited to, fine arts, visual arts, and performing arts;
(2) "Competition, event, or performance" is an activity such as an athletic competition or season, tournament, tour, exhibit, project, or entertainment event or engagement. Such activity may include short vacations, promotional appearances for the petitioning employer relating to the competition, event, or performance, and stopovers which are incidental and/or related to the activity. An athletic competition or entertainment event may include an entire season of performances. A group of related activities will also be considered an event. In the case of a P-2 petition, the event may be the duration of the reciprocal exchange agreement. In the case of a P-1 athlete, the event may be the duration of the applicant's contract;
(3) "Contract" means the written agreement between the petitioner and beneficiary(ies) that explains the terms and conditions of employment.
(4) "Culturally unique" means a style of artistic expression, methodology, or medium which is unique to a country, nation, society, class, ethnicity, religion, tribe, or other group of persons;
(5) "Essential support" is a highly-skilled, essential person determined by the Director to be an integral part of the performance of a P-1, P-2, or P-3 noncitizen because the individual performs support services which cannot be readily performed by a United States worker, and which are essential to the successful performance of services by the P-1, P-2, or P-3 noncitizen. Such applicant must have appropriate qualifications to perform the services, critical knowledge of the specific services to be performed, and experience in providing support to the P-1, P-2, or P-3 noncitizen;
(6) "Group" means two or more persons established as one entity or unit to perform or to provide a service;
(7) "Internationally recognized" means having a high level of achievement in a field evidenced by a degree of skill and recognition substantially above that ordinarily encountered, to the extent that such achievement is renowned, leading, or well-known in more than one country;
(8) "Member of a group" means a person who is performing the entertainment services;
(9) "Sponsor" means an established organization in the United States which will not directly employ a P-1, P-2, or P-3 applicant but will assume responsibility for the accuracy of the terms and conditions specified in the petition;
(10) "Team" means two or more persons organized to perform together as a competitive unit in a competitive event; and
(11) "Professional athlete" means an individual who is employed as an athlete by--(A) a team that is a member of an association of 6 or more professional sports teams whose total combined revenues exceed $10,000,000 per year, if the association governs the conduct of its members and regulates the contests and exhibitions in which its member teams regularly engage; or (B) any minor league team that is affiliated with such an association.
Note: Immigration laws, policies and procedures are complex and may require a consultation with an experienced immigration lawyer.
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