P–1 Visa Lawyer Miami Overview
The P visa category has two general classifications:
P-1A Internationally Recognized Athlete: If you are coming to the United States to perform as an athlete (individually or as part of a team) to compete at an internationally recognized level of performance.
P-1B Member of an Internationally Recognized Entertainment Group: If you are coming to the United States to perform as a member of an entertainment/musical group that has been recognized internationally as outstanding for a sustained and substantial period of time.
P-1A Internationally Recognized Athlete:
Who is eligible?
- Teams:
- Must be coming to compete in a distinguished event and
- Must have achieved significant international recognition in the sports
- Period of stay – one year
- Individuals
- Must be coming to compete in an event and
- Must be “internationally recognized” – high level of achievement in more than one country.
- Period of stay – five years, 10 years maximum
- Application Checklist:
- Filing fee
- Form G-28
- Form I-129
- Form I-129 O/P
- Consultation from appropriate labor organization If none exists, you can submit a “peer” letter from a recognized expert
- Support letter detailing criteria
- Supporting documentation and evidence
- Contract
- Itinerary of events
- Criteria and Evidence – must provide evidence of at least two of the following:
- Evidence of having participated to a significant extent in a prior season with a major U.
- S. 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
P-1B Member of an Internationally Recognized Entertainment Group:
- Who is eligible?
- Individuals not performing as part of a group are not eligible.
- Must be a coming to perform as a member of the group – at least 75 percent of the members of the group must have been in the group for at least one year.
- Group (not individuals) must be internationally recognized (high level of achievement = substantially above that ordinarily encountered)
- Application Checklist:
- Filing fee
- Form G-28
- Form I-129
- Form I-129 O/P
- Consultation from appropriate labor organization about the nature of events to be performed, or a statement proving that the group has been established and performing regularly for a period of at least one year
- Exact dates each member has been with the group
- Evidence that the group has been established and performing regularly for at least one y
- Contract between the petitioner and beneficiary (or summary of terms of oral agreement)
- Itinerary of events with dates and locations of performances
- Supporting documentation and evidence
- Criteria: Evidence of one-time achievement (group’s significant international award or nomination), or, at least three of the following:
- Your 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
- Your 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
Family members hold P-4 visas
- No employment authorization, but can attend school or college
Essential Support for primary P-1 visa holders
- P-1S Support personnel may include coaches, scouts, trainers and other team officials and referees, as well as front office personnel, camera operators, lighting technicians and stage personnel
- Petitioner must file a separate Form I-129 pet It must include:
- Consultation letter from labor organization
- Statement describing the support person’s prior and current essentiality, critical skills and experience with the P-1
- Contract between the petitioner and the P-1S (or summary of the terms of the oral agreement)