P VISAS Continued:
ATHLETES, ENTERTAINERS, ARTISTS, EDUCATORS, SCIENTISTS AND BUSINESS PEOPLE

P visas are available for performers in a group, athletes, and performers who are culturally unique. P visas are a better option for athletes, because it does not require the high level of sustained national or international acclaim. In general, the P visa only requires a high level of achievement in the applicant's field and the applicants must intend to only stay within the United States for a brief period of time.

P-1 Visa

A P-1 applicant must show that he or she has individually or as part of a group achieved international recognition, meaning " a high level of achievement in the 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 once country." 8 CFR §214.2(p)(3)

For the purposes of the P-1 visa, a team or group may consist of as few as two (2) people, as long as the applicant has a sustained or significant relationship with the group or team for at least one year. The one year requirement may be waived in some special circumstances by the Head of the Department of Homeland Security.

Entertainment Groups
For entertainment groups at least 75 percent of the members of the group have to have been performing together for at least one year. Therefore, 25 percent of the members may have a relationship of less than one year, without affecting the group's ability to receive a P visa. If the 75 percent rule is not met, then if there is a lead singer he or she will have to seek an O-1 visa and the musicians will have to seek an O-2 visa.

Circus Performers
Non-U.S. citizen circus performers may apply for a P-1 visa. These applicants are not required to show international recognition or meet the one-year relationship requirement as long as they are joining or are employed by a circus with sustained national recognition.

Evidence Required with Petition
All P petitions must include a copy of any written contract or oral agreement between the applicant and his or her United States employer, host, etc. In addition, the petition must include documentation of any awards or achievements.

Entertainment Group

A P-1 petition for an entertainment group must contain the following documentation:

Evidence that the group has been internationally recognized for a sustained and significant period of time;
Proof that at least 75% of the members of the group have a sustained or significant relationship with the group for at least one-year;
The name of each person within the group and the exact time period which each person has been employed regularly by the group; and
Proof of international recognition for the group over a sustained and significant period of time.
The applicant may prove "international recognition" by submitting evidence that the group has been nominated or has received a noteworthy international prize or award or by showing that the group has attained three (3) of the following:

Played the lead role in a play or production that has a distinguished reputation;
Received international acclaim and recognition in the field;
Played the lead role for an organization or establishments having a distinguished reputation;
Has a record of major commercial or critically acclaimed success;
Received significant recognition from critics, government agencies, organizations, or other experts in the field; and/or
Has previously commanded or will command a high salary as compared to others in the same field.
Athletes

P-1 athletes need to have documentation showing that:

The athlete or team has been internationally recognized; If it is for a competition, that the competition possesses a distinguished reputation; and The competition requires participating athletes or teams to be internationally recognized. In addition P-1 athletes must provide a copy of any tendered contract with a major U.S. sports team or league, and evidence of two of the following:

Substantial participation in the majors in a previous season;
Played on a national team in an international competition;
Substantial participation in a U.S. university or college competition in a previous season;
Have a U.S. sport's official write a statement regarding the player's or team's international recognition;
Supply a written statement from an expert or sport's media regarding the international recognition of the player or the team;
The ranking of the player or the team; or
Receipt of a significant award or honor in the player's sport.

P Visas continued on next page ...

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