Our Process

P Visa Category
The P category covers those entertainers and athletes who cannot qualify under the extraordinary ability standard for the O category. The only other category in which entertainers or athletes may be admitted to the United States is the H-2B category, requiring a labor certification; the H-1B category specifically excludes from coverage those aliens fitting within the O and P categories. It is important to note that in most cases accompanying aliens are not permitted for P entertainers and athletes. It should also be noted that the P category maintains the requirement that the alien have a foreign residence that he or she has no intention of abandoning.

The P-1 Visa Category

The P-1 category is set aside for:

Alien athletes who compete individually or as part of a team at an internationally recognized level, and
aliens who perform with, or are an integral and essential part of the performance of, an entertainment group that has received international recognition as "outstanding" for a "sustained and substantial period of time." The distinction between athletes and entertainers in this subcategory is important to keep in mind:

Individual athletes may be admitted to the United States as P-1 aliens, but not individual entertainers.
The only basis for approval of a P-1 petition for a single entertainer is when the entertainer will be coming to the United States to join a foreign-based entertainment group.
All other single performers coming to the United States must qualify on an individual basis as an O-1 entertainer of extraordinary ability or must qualify in the H-2B category for temporary workers coming to fill temporary positions in the United States.

P-1 athletes and athletic teams

With regard to athletes and athletic teams, the INS rules provide that a petition for an athletic team must be accompanied by evidence that the team as a unit has achieved international recognition in the sport. An athlete who will compete individually, and not part of a team, must be accompanied by evidence that the athlete has achieved international recognition in the sport based on his or her reputation. "International recognition" means 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.

Evidence of international recognition may include:

A tendered contract with a major U.S. 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 (if such contracts are not normally executed in the sport, a contract need not be submitted), and
Documentation of at least two of the following-
Participation in a prior season with a major U.S. sports league;
Participation in international competition with a national team;
Participation in a prior season for a U.S. college in intercollegiate competition;
A statement from an official of a major U.S. sports league or an official of the governing body of the sport detailing how that alien or the team is internationally recognized;
A statement from a member of the sports media or a recognized expert in the sport which details how the alien or the team is internationally recognized;
International rankings of the individual or team; or
Significant honors or awards in the sport received by the individual or team. Special note regarding players in MLB and NHL. Under current INS policy, players under contract with teams in Major League Baseball or the National Hockey League are merely required to submit their contracts with such teams to establish their P-1 credentials.

Entertainment groups

With regard to entertainment groups, the rules provide that P-1 classification can be accorded to the entertainment group to perform as a unit based on the international reputation of the group; thus, individual entertainers cannot be accorded P-1 classification to perform separate and apart from the group. With some exceptions, two principal requirements apply to entertainment groups:

The group must have been internationally recognized as outstanding in the discipline for a sustained and substantial period of time.
Seventy-five percent of the members of the group must have had a sustained and substantial relationship with the group for at least one year and must provide functions integral to the group's performance.
One-year membership requirement. Evidence must be submitted that seventy five percent of the entertainment group and accompanying essential support personnel have been performing regularly with, or providing essential support services to, the entertainment group for a period of one year; intermittent employment with the group cannot be counted towards the one-year membership requirement. Several exceptions, however, apply, to this one-year membership requirement:

the one-year requirement can be waived because of illness or unanticipated and exigent circumstances affecting a group member or when an alien augments the group by performing a critical role and
the one-year requirement is inapplicable to circus performers and essential circus support personnel.

In addition, final rules issued in August 1994 clarified that while at least seventy five percent of the members of a P-1 entertainment group and their essential support personnel must have been part of the same group for at least one year (unless an exception applies), such aliens need have been performing under the same group name for the required one-year period. In addition, the entertainment group need not have been internationally recognized during the entire one-year period.

International recognition requirement. To be eligible for P-1 status, the entertainment group must have been internationally recognized in the discipline for a sustained and substantial period of time. "International recognition" is defined above with regard to athletes and athletic teams. As noted, there is no requirement that the entertainment group be internationally recognized for one year; the one-year requirement applies only to the period of time the group members must have been performing together regardless of the group's recognition and regardless of the name used to identify the entertainment group.

Under the INS rules, international recognition can be established by:

the group's nomination or receipt of significant international awards or prizes for outstanding achievement in its field or by three of the following types of documentation which establish that the entertainment group has:
Performed or 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);
Achieved international recognition and acclaim for outstanding achievements in its filed as evidences by reviews in major newspapers, trade journals, magazines, or other published material;
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, or testimonials);
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);
Achieved significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field (such testimonials must clearly indicate the author's authority, expertise, and knowledge of the alien's achievements); or
Commanded or now commands 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).

Note that in the entertainment industry, the salary commanded by the group is often considered an important indicator as to whether the group qualifies as a group of international recognition, and both the INS and the labor organization will examine this factor in most cases. The INS clarified in final rules issued in August 1994, however, that while a group's salary may be considered by the INS in determining the group's eligibility, a high salary is not mandatory to qualify for P-1 status. This policy addresses situations in which a P-1 entertainment group comes to the United States to perform services for which there is little or no salary. For example, a P-1 entertainment group may be invited to come to the United States to perform in a charity event and receive no remuneration. In such situations, a group may be internationally recognized for P-1 purposes even though the proffered salary may be minimal.

Exceptions to international recognition requirement. The 1991 Amendments provide that the INS may waive the international recognition requirement in the case of an entertainment group which has been recognized nationally as being outstanding for a sustained and substantial period of time in consideration of special circumstances such as when an entertainment group cannot demonstrate international recognition because of limited access to news media or consequences of geography. In addition, the 1991 Amendments also exempts circus groups from the international recognition standard, in addition to the one-year requirement for circus and essential support personnel; only the national recognition requirement need be met.

P-1 circus personnel. The one-year group membership requirement and the international recognition requirement are not applicable to alien circus personnel who perform as part of a circus or circus group, or who constitute an integral and essential part of the performance of such circus or circus group. In such cases, the petitioner must only establish that the alien or aliens are coming to join a circus that has been recognized nationally as outstanding for a sustained and substantial period of time or as part of such a circus.

Special note regarding solo entertainers, young artists and new groups. The INS has underlined that P-1 petitions may not be approved for solo foreign entertainers. The only basis for approval of a P-1 petition for a single entertainer is when that entertainer will be coming to the United States to join a foreign-based entertainment group, e.g., an alien orchestra member coming to the United States to play with an orchestra already on tour here. Approval of a P-1 petition for a single performer is not appropriate, according to the INS, if the performer intends to join a U.S.-based entertainment group upon admission to the United States. The P-1 category is intended only to accommodate foreign-based entertainment groups. It should be noted, however, that the INS has established a P-1 nonimmigrant advisory committee to examine the question of whether U.S.-based entertainment groups seeking to employ alien entertainers may file P-1 nonimmigrant petitions and, therefore, INS policy on this issue may change in the foreseeable future.

A single performer coming to the United States to join a U.S. group must qualify on an individual basis as an O-1 entertainer of extraordinary ability or must qualify in the H-2B category for temporary workers coming to fill temporary positions in the United States; the H-2B category requires a labor certification regarding the unavailability of qualified U.S. workers from the Department of Labor. Because of the tough standard for O-1 entertainers, most new or upcoming foreign performers must seek admission in the H-2B category. Despite the need to show unavailability of qualified U.S. performers, however, it has proven possible to obtain labor certifications in the H-2B category when the solo performers are scheduled for concert dates in the United States. The "need" for the performer in this type of case is clearly temporary (limited to the particular concert dates), and the recruitment of U.S. workers can be limited to those performers who fit fairly precisely the foreign performer's style.

Another approach to the problem is to qualify the "solo" performer as a member of an entertainment group for purposes of admission. Group qualification in the P-1 category might be possible when the entertainer has been performing with the same set of performers for a sufficient period of time to meet the standards for a "sustained and substantial relationship" among group members, and the group itself has attained recognition as being "outstanding." In this type of case, the entertainer may really be considered the lead performer in the group, rather than a solo performer with a back-up group of performers. With regard to international or national recognition, it should be acceptable to show that the lead performer has received such recognition, and that the other performers are an "integral" part of the performance. This strategy is viable because the INS has adopted a lenient policy as to what it will consider an entertainment group for P-1 purposes. Although the term "group" relates only to the performing aliens, the INS has stated that if a solo artist traditionally performs on-stage with the same group of persons (e.g., back-up singers or musicians), the act may be classified as a group.

The INS has been less lenient with regard to young and upcoming entertainers and new entertainment groups. Practitioners have raised the concern that many young entertainers and new entertainment groups, who have not had the opportunity to establish themselves in the industry, have a difficult time establishing eligibility for the O and P classifications. The INS noted that Congress established the applicable standards: entertainers must be "prominent" to qualify in the O-1 category and entertainment groups must have "international recognition" to qualify in the P-1 category. Young and upcoming artists and new groups who cannot satisfy these standards, however, may still qualify for H-2B classification.

P-1 essential support personnel

With regard to entertainment groups, the addition of aliens who are an integral and essential part of the entertainment group is an important revision made by the 1991 Amendments. The 1990 Act required that the alien "perform as a part of an entertainment group," which seemed to preclude support personnel who had been admissible under the "integral and essential part of the performance" standard prior to the 1990 Act. Thus, the 1991 Amendments allow support personnel to be admitted in the P-1 category.

The INS defines an essential support alien as a highly skilled, essential person determined to be an integral part of the performance of a P-1 alien or group because he or she 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 alien or group. Such aliens must have appropriate qualifications to perform the services, critical knowledge of the specific services to be performed, and experience in providing such support to the P-1 alien or group. A statement describing the alien's essentiality, critical skills, and prior experience with the P-1 alien or group must be submitted with the petition.

The P-2 Visa Category

The P-2 category covers artists and entertainers, including individuals or groups, who seek to be admitted through a reciprocal exchange program between a foreign-based and U.S.-based organization (including a management organization) which are engaged in the temporary exchange of artists and entertainers. The exchange of artists or entertainers must be similar in terms of caliber of artists or entertainers, terms and conditions of employment (such as length of employment), and number of artists or entertainers involved in the exchange. Note, however, that the latter requirement does not preclude individual for group exchanges.

A petition for P-2 classification must be accompanied by:

A copy of the formal reciprocal exchange agreement between the U.S. organization which is sponsoring the aliens and an organization in a foreign country which will receive the U.S. artists or entertainers;
A statement from the U.S. sponsoring organization describing the reciprocal exchange of U.S. artists or entertainers;
Evidence that an appropriate labor organization in the U.S. was involved in negotiating or has concurred with the reciprocal exchange of U.S. and foreign artists; and
Evidence that the aliens for whom P-2 classification is being sought and the U.S. artists and entertainers subject to the reciprocal exchange agreement are artists or entertainers with comparable skills, and that the terms and conditions of employment are similar Essential Support Personnel. The coverage of the P-2 category extends to those aliens who are essential support persons based on their support relationship to a P-2 entertainer or entertainment group. The definition of essential support persons applicable in the P-1 category also applies to P-2 support personnel. Note that the statute seems to limit the coverage of support personnel in the P-2 category to those persons who are an "integral part of the performance" of a group, but not of an individual. The INS rules, however, permit the admission of support personnel of individual entertainers as well.

The P-3 Visa Category

The P-3 category covers artists and entertainers, including groups, who will perform "under a program that is culturally unique." The meaning of this peculiar phrasing is not clear in the statute: must the performance be culturally unique or must the performers be part of a program that is culturally unique. The distinction is important, because a group that performs a traditional folk ballet of its native country may give a culturally unique performance, but if it will perform it on a nightly basis at a nightclub rather than as part of a folk ballet dance series at a concert hall, it may not be performing "under a program" that is culturally unique. The INS initially adopted the view that the performers must be part of a program that is culturally unique. Prior rules provided that the artist or entertainer must be coming to the United States for cultural events to further the understanding or development of his or her art form, and be sponsored primarily by educational, cultural, or governmental organizations which promote such international cultural activities and exchanges.

The INS has receded from this position in final rules issued in August 1994. The final rules require only that the P-3 alien or group be coming to the United States to perform, teach, or coach in culturally unique events; the petitioner may be a commercial producer and there is no longer a requirement that the events must be performed at cultural, governmental, or education institutions. The final rules also removed a requirement that a P-3 group have performed together for a specific period of time. Petitioners merely have to submit evidence addressing the cultural uniqueness of the performance and evidence that all performances are culturally unique.

Standard for P-3 classification. The rules provide that P-3 classification may be accorded to artists or entertainers, individually or as a group, coming to the United States for the purpose of developing, interpreting, representing, coaching, or teaching a unique or traditional ethnic, folk, cultural, musical, theatrical, or artistic performance or representation. "Culturally unique" means a style of artistic expression, methodology, or medium which is unique to a particular country, nation, society, class, ethnicity, religion, tribe, or other group of persons. The artist or entertainer must be coming to the United States to participate in a cultural event or events which will further the understanding or development of his or her art form. The program may be of a commercial or noncommercial nature.

A P-3 petition must be accompanied by the following:

Affidavits, testimonials, or letters from recognized experts attesting to the authenticity of the alien's or the group's skills in performing, presenting, coaching, or teaching the unique or traditional art form (the credentials of the expert must be stated, including the basis of his or her knowledge of the alien's or group's skills), or
Documentation that the performance of the alien or group is culturally unique, as evidenced by reviews in newspapers, journals, or other published materials, and
Evidence that all of the performances or presentations will be culturally unique events Essential Support Personnel. The coverage of the P-3 category extends to those aliens who are essential support persons based on their support relationship to a P-3 entertainer or entertainment group. The definition of essential support persons applicable in the P-1 category also applies to P-3 support personnel. Note that the statute seems to limit the coverage of support personnel in the P-3 category to those persons who are an "integral part of the performance" of a group, but not of an individual. The INS rules, however, permit the admission of support personnel of individual entertainers as well.

Procedures for the P Visa Category

Classification in the P category requires the filing of a P petition with the Immigration Service in order to obtain permission to employ a P alien for a temporary period. Before a petition can be approved for P classification, a consultation requirement must be met; the law requires the submission of an advisory opinion from a labor organization with expertise in the alien's specific field. The petition may establish that a labor organization does not exist, in which case the INS may adjudicate the petition without an advisory opinion.

The P petition may be filed for multiple P aliens if they are members of a group or team seeking classification based on the reputation of the group or team as an entity, or if they will provide essential support to the same P-1, P-2 or P-3 alien or group performing in the same location and in the same time period; support personnel cannot be included in the same petition as the principal P alien or group. Separate petitions must be filed for support personnel. Under a revision to the rules in August 1994, multiple beneficiaries listed in one P petition need not seek their P visas at the same U.S. consulate abroad. Prior to this rule, multiple beneficiaries were required to apply for their P visas at the same U.S. consulate; if they could apply for their visas at the same U.S. consulate, a separate petition was required to be filed.

While a petition may only be filed and approved for identified aliens, substitution of aliens is permissible in the P category once a petition has been approved but only with the regard to teams or groups; substitution is not allowed with regard to individual principal aliens or support personnel in the P category. To request substitution, an alien not named in the original petition filed for the team or group must obtain a letter from the employer requesting substitution, along with a copy of the petition's approval notice; such documentation must be presented at the U.S. consulate to obtain a visa or at a port of entry with regard to Canadians.

Following approval of the petition, the final step occurs-the foreign national or nationals must take the petition approval notice to a U.S. consulate to apply for P visas permitting their admission to the United States.

Presentation of the O or P Petition to the INS

Once the advisory opinion or evidence that an appropriate consulting entity does not exist is obtained, the O or P visa petition can be filed with the INS. The following papers make up the petition:

1. Form I-129 and O/P Supplement

2. An advisory opinion (or evidence that an appropriate consulting entity does not exist, or a request for expeditious handling or a waiver of the consultation requirement)

3. A company letter in support of the O or P petition

4. Supporting documentation

5. Filing fee of $130.00

6. Form I-907 with premium processing fee of $1,000 (if premium processing is sought).

7. Form G-28, Notice of Appearance, when the employer is represented by an attorney or representative.