P visa
Encyclopedia
A P visa is a type of temporary employment visa
of the United States
, granted to alien
athletes, artist
s, and entertainers
, and their spouses and children. The term "P" refers to 8 U.S.C.
§ 1101(P), Section 101 of the Immigration and Nationality Act.
P visa classifications are as follows:
A sports team
can file petition for its foreign athlete and for a P-1 visa to be granted to the team it must have achieved "international recognition" in the sport. An athlete who will come to the United States to compete in individual events
rather than as a team must show that he or she is internationally recognized. United States Citizenship and Immigration Services
(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." The event the athlete is coming to the United States to participate in must have a distinguished reputation and must require the participation of athletes and teams of international recognition. The definition is similar to that of O-1B
"extraordinary ability," but somewhat more stringent. The reputation of the group, not the individual achievements of its members nor the acclaim of a particular production, is paramount.
Entertainers must be part of an entertainment group to obtain a P-1 visa. Individual artists cannot usually obtain a P-1 visa, except when joining the rest of their foreign entertainment group already in the United States. Like athletes, entertainers must be "internationally recognized" as outstanding in their area to be granted P visas, and have a sustained period of achievement no less than one year. Additionally, a minimum for 75 percent of the group's individual members must have a substantial relationship to the group, generally satisfied by at least one year of membership.
To establish "international recognition," a petitioner may rely either on documentation of a major, one-time achievement by the group, such as the nomination for, or receipt of, a significant international award or prize, or at least three of the following:
Visa (document)
A visa is a document showing that a person is authorized to enter the territory for which it was issued, subject to permission of an immigration official at the time of actual entry. The authorization may be a document, but more commonly it is a stamp endorsed in the applicant's passport...
of the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, granted to alien
Alien (law)
In law, an alien is a person in a country who is not a citizen of that country.-Categorization:Types of "alien" persons are:*An alien who is legally permitted to remain in a country which is foreign to him or her. On specified terms, this kind of alien may be called a legal alien of that country...
athletes, artist
Artist
An artist is a person engaged in one or more of any of a broad spectrum of activities related to creating art, practicing the arts and/or demonstrating an art. The common usage in both everyday speech and academic discourse is a practitioner in the visual arts only...
s, and entertainers
Entertainment
Entertainment consists of any activity which provides a diversion or permits people to amuse themselves in their leisure time. Entertainment is generally passive, such as watching opera or a movie. Active forms of amusement, such as sports, are more often considered to be recreation...
, and their spouses and children. The term "P" refers to 8 U.S.C.
Title 8 of the United States Code
Title 8 of the United States Code outlines the role of aliens and nationality in the United States Code.* The first eleven chapters have been repealed, omitted, or transferred to elsewhere in the Code, in their entirety.-External links:...
§ 1101(P), Section 101 of the Immigration and Nationality Act.
P visa classifications are as follows:
- P-1 applies to individual or team athletes, or members of an entertainment group (P-1B) that are internationally recognized. A maximum of 25,000 P visas are issued annually.
- P-2 applies to artists or entertainers who will perform under a reciprocal exchange program.
- P-3 applies to artists or entertainers who perform under a program that is culturally unique.
- P-4 is for the spouse, or child under the age of 21, of a P-1, P-2, or P-3 alien and who is accompanying, or following to join, the alien.
A sports team
Team sport
A team sport includes any sport which involves players working together towards a shared objective. A team sport is an activity in which a group of individuals, on the same team, work together to accomplish an ultimate goal which is usually to win. This can be done in a number of ways such as...
can file petition for its foreign athlete and for a P-1 visa to be granted to the team it must have achieved "international recognition" in the sport. An athlete who will come to the United States to compete in individual events
Individual sport
-Examples:Examples of individual sports include:*Archery*Athletics*Bodybuilding*Badminton*Boomerang*Boxing*Chess*Croquet*Cycling*Darts*Equestrian*Fencing*Figure Skating*Golf*Gymnastics*Knife Throwing*Krav Maga*Judo*Lawn Bowls*Orienteering*Pilates...
rather than as a team must show that he or she is internationally recognized. United States Citizenship and Immigration Services
United States Citizenship and Immigration Services
United States Citizenship and Immigration Services is a component of the United States Department of Homeland Security . It performs many administrative functions formerly carried out by the legacy United States Immigration and Naturalization Service , which was part of the Department of Justice...
(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." The event the athlete is coming to the United States to participate in must have a distinguished reputation and must require the participation of athletes and teams of international recognition. The definition is similar to that of O-1B
O-1 Visa
An O visa is a classification of non-immigrant temporary worker visa granted by the United States to aliens "who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or...
"extraordinary ability," but somewhat more stringent. The reputation of the group, not the individual achievements of its members nor the acclaim of a particular production, is paramount.
Entertainers must be part of an entertainment group to obtain a P-1 visa. Individual artists cannot usually obtain a P-1 visa, except when joining the rest of their foreign entertainment group already in the United States. Like athletes, entertainers must be "internationally recognized" as outstanding in their area to be granted P visas, and have a sustained period of achievement no less than one year. Additionally, a minimum for 75 percent of the group's individual members must have a substantial relationship to the group, generally satisfied by at least one year of membership.
To establish "international recognition," a petitioner may rely either on documentation of a major, one-time achievement by the group, such as the nomination for, or receipt of, a significant international award or prize, or at least three of the following:
- Has and will perform as leading/starring group in productions/events with distinguished reputations;
- International recognition/acclaim for outstanding achievements;
- Has and will perform as leading/starring group for organizations with distinguished reputations;
- Record of major commercial/criticallyCriticA critic is anyone who expresses a value judgement. Informally, criticism is a common aspect of all human expression and need not necessarily imply skilled or accurate expressions of judgement. Critical judgements, good or bad, may be positive , negative , or balanced...
acclaimed success; - Significant recognition from organizations, critics, governments, other recognized experts;
- Commanded/will command high salary/other substantial remuneration relative to others similarly situated.
External links
- Temporary Workers page - from the United States Department of StateUnited States Department of StateThe United States Department of State , is the United States federal executive department responsible for international relations of the United States, equivalent to the foreign ministries of other countries...
- Artists from Abroad - information from the League of American OrchestrasLeague of American OrchestrasThe League of American Orchestras, known until Fall 2007 as the American Symphony Orchestra League , is an association of U.S. and Canadian orchestras. Over 950 orchestras are members, including youth, community, and professional orchestras....
and Association of Performing Arts Presenters - Improving the Visa Process for Foreign Guest Artists - from the American Arts Alliance