The P-1, P-2, and P-3 categories are nonimmigrant visa options for foreign nationals traveling to the US to perform in athletics or entertainment.
Admission to the United States on a P visa is generally limited to:
A specific completion
Event
Contract
Performance
Therefore, it is imperative to devise a detailed schedule of events. The more events or competitions you include, the longer the admission will be. P visas also require “consultations” with an appropriate labor group regarding the nature of the work to be done.
In general, obtaining a P visa can take several months, and it requires a complex series of steps. Due to time-sensitive events, most applicants will need to pay the premium processing fee to expedite the process.
It is critical to plan ahead and retain highly experienced professional assistance. Fortunately, The Fleischer Law Firm LLC has decades of experience, and we would be happy to assist you in your quest for a P visa.
We can help you assess your eligibility and walk you through every step of the application process. No matter your unique circumstances, we are personally committed to your success.
P Visas for Athletes
For an athletic team to petition for a foreign athlete, the team must have achieved international recognition in the sport. An athlete who will come to the US to compete in individual events rather than as a team must demonstrate international recognition.
What Is Considered International Recognition?
USCIS has defined “international recognition” as a “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.”
Call (513) 880-9969 or contact us online to learn more from our P-1 visa lawyers in Cincinnati. We can get started on your case right away.
Who Can File A P-1 Visa for Athletes?
A P-1 petition may be filed by:
A US employer or organization
A foreign employer
Or a US agent
The petition must include information about any written contract between the alien and the petitioner, or, if there is no written contract, a thorough description of:
Their oral agreement
The event and itinerary
A consultation from a labor organization
If a US. Employer or agent is filing the petition, it should be filed at the regional USCIS Service Center with jurisdiction over the petitioner.
For example, if you are an employer located in Cincinnati, Ohio, you will file the Petition at the Nebraska Service Center in Lincoln, Nebraska. If you are located in Kentucky, you file the application at the Texas Service Center in Mesquite, Texas.
When the application is filed on behalf of an athlete or team, at least two of the following types of evidence need to be presented:
Participation to a significant extent in a prior season with a major US sports league
Participation on a national team at international events
Participation to a significant extent in a prior season with a US collegiate team
A written statement from an official in the governing body of the sport outlining how the athlete or team is internationally recognized
A written statement from a member of the sports media or other recognized expert outlining how the athlete or team is internationally recognized
Evidence that the alien is highly ranked if the sport uses a ranking system
Alternatively, the application can include evidence that the alien or team has received a significant award for performance.
It must be noted that the Nebraska Service Center in Lincoln, Nebraska takes the position of “major U.S. sports league” to mean the MAJOR leagues. Therefore, it will deny applications for athletes who are going to play in the minor leagues.
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The P-3 visa classification is for “culturally unique artists and entertainers, individually or in a group, coming to the United States to develop, interpret, represent, coach, or teach their particular art or discipline.”
Culturally unique has been defined as a style or artistic expression, methodology, or medium which is unique to a particular:
Country
Nation
Society
Class ethnicity
Religion
Tribe
Or other group of persons
In order to obtain a P-3 visa, an applicant must provide the following:
Affidavits or letters from experts regarding the authentic cultural uniqueness of the performance
Other documentation that the performance is culturally unique, such as material published in newspapers and trade journals
Evidence that each performance will be culturally unique
Ready to begin? Give our office a call at (513) 880-9969 or contact us online. Our team is ready to answer your questions, address your concerns, and help you accomplish your goals as soon as possible.
P Visas for Entertainers
In most circumstances, individuals cannot obtain a P-1 visa—they must be part of an entertainment group. The group must be internationally recognized as outstanding in the area and have a sustained period of achievement.
USCIS may waive this requirement, however, for entertainment groups that are “recognized nationally” as being outstanding in their discipline for a sustained and substantial period of time.” Additionally, the individual members must have been members of the group for at least 1 year.
This requirement may be waived in certain circumstances (e.g., circus personnel if the group has an international reputation). The group must have been together for at least one year, and at least three-fourths of the members must have been in the group for at least a year.
When the application is filed on behalf of an entertainment group, the petition must include details about each person’s length of membership in the group. The petition must also demonstrate the group’s sustained international recognition.
This may be done in two ways. First, by nomination or receipt of awards for outstanding achievement in the field. Second, by submitting three of the following types of evidence:
Performances in starring roles in productions or events with a distinguished reputation, evidenced by reviews, advertisements, press releases, contracts, or endorsements
International recognition, evidenced by reviews in papers, trade journals, etc.
Commercial success
Significant recognition for achievements from leaders in the field
High salary compared to others similarly situated
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What can you expect when you work with The Fleischer Law Firm LLC? True to our reputation, we go above and beyond for our clients. We work to remain as accessible and supportive as possible throughout every step of our clients’ cases. We are committed to your success, applying a hands-on approach to your legal challenges and putting our decades of experience to work for your future.
