P-1 Visa

What You Need to Know About the P-1 Visa

The P-1 visa covers internationally recognized athletes as well as entertainers. As a nonimmigrant visa, the P-1 visa permits international athletes to enter the United States to participate in U.S. athletic programs. Additionally, the P-1 visa permits internationally recognized individual and group entertainers to enter the United States to participate in competitions, concerts, and other activities.

The intention behind the P-1 visa is to allow athletes and performers to promote themselves in the United States within their sport or entertainment genre.

To accomplish this, the P-1 visa is split into two categories:

• The P-1A Visa, which applies to internationally recognized athletes; and
• The P-1B Visa, which applies to international entertainers

To be eligible for either the P-1A or P-1B visa, you must meet several requirements. Having an experienced immigration attorney help you through this process can streamline it while helping you reach a positive outcome.

The P-1A Athlete Visa

The P-1A visa applies to internationally recognized athletes who are temporarily coming to the United States to compete in a specific athletic competition as:

• An individual athlete
• Part of a team
• A professional athlete
• An amateur coach or athlete as part of a team or sports franchise located in the U.S. while being a member of a foreign sports league or association.

Additionally, the P-1A visa applies to amateur or professional athletes temporarily coming to the U.S. to perform or tour in a theatrical ice skating production, either as an individual skater or part of a group.

How do I qualify for the P-1A visa?

To qualify for the P-1A visa, you must be:

• Internationally recognized in your sport; and
• Traveling to the United States to participate in an athletic competition.

You are “internationally recognized” if you have “a high level of achievement in a sport, demonstrated by a degree of skill and recognition substantially above that ordinarily encountered.”

Further, your achievement “must be renowned, leading, or well-known in more than one country.” Additionally, the athletic competition must have a “distinguished reputation and be at an internationally recognized level of performance such that it requires the participation of an internationally recognized athlete.”

Individual Athletes

If you are an individual athlete, you must be internationally recognized in your sport while traveling to the United States to participate in an athletic competition. You are “internationally recognized” if you have “a high level of achievement in a sport, demonstrated by a degree of skill and recognition substantially above that ordinarily encountered.”

Further, your achievement “must be renowned, leading, or well-known in more than one country.” Additionally, the athletic competition must have a “distinguished reputation and be at an internationally recognized level of performance such that it requires the participation of an internationally recognized athlete.”

Part of a Team

If you are coming to the United States as part of an athletic team, your team (or unit) must have “a distinguished reputation and be at an internationally recognized level of performance such that it requires the participation of an internationally recognized athletic team.”

A Professional Athlete

If you are a professional athlete, you must be employed by:

• A team that belongs to an association of at least six or more professional teams with a total combined revenue exceeding $10 million annually. Additionally, the sports association must govern the conduct of all member teams while regulating its members’ games, contests, and exhibitions; or
• Any minor league team that is affiliated with the sports association.

An Amateur Coach or Athlete

If you are coming to the United States as an amateur coach or athlete, you must be part of a team or franchise located in the U.S. while being a member of a foreign sports league or association.  This foreign sports league or association must meet the following requirements:

• The sports league or association must consist of at least 15 amateur teams;
• Participation in the sports league or association must make the athletes ineligible under the National Collegiate Athletic Association (“NCAA”) rules to earn a U.S. college or university scholarship or otherwise participate in a U.S. college or university sport, either temporarily or permanently;
• The sports league or association must be the “highest level of amateur performance of that sport in the relevant foreign country;” and
• A major sports league or a related minor league commonly drafts a significant number of athletes in this sports league or association.

Theatrical Ice Skaters

If you are a theatrical ice skater coming to the United States, you must be coming to temporarily perform or tour in a theatrical ice skating production, either as an individual skater or part of a group.

How do I apply for the P-1A visa?

To apply for the P-1A visa, your U.S. employer, sponsor, or agent must file a Form I-129, Petition for a Nonimmigrant Worker, on your behalf, along with the required supporting documentation. If your sponsor or agent is representing you on behalf of multiple teams, then they must demonstrate that they are authorized to act as a sponsor or agent for all applicable U.S. employers.

If you need an extension for your stay, your employer, sponsor, or agent must also file a Form I-129 for the extension.

In addition to the Form I-129, your employer, sponsor, or agent must submit the following evidence (as applicable), as required by the U.S. Citizenship and Immigration Services (“USCIS”):

• A written consultation letter from the applicable labor organization describing the work to be performed in the United States along with your qualifications for this work. Additionally, the labor organization must submit a letter of “no objection” to your petition’s approval. If there is no applicable labor organization, then this consultation and no objection letter is not required.
• Copies of any written contracts or agreements (or summaries of any oral agreements) regarding the terms of your employment.
• A description of the activities or events, including an itinerary, as well as the beginning and ending dates.
• Any additional documents specific to your P-1A category, as described below:

Part of a Team: If you are part of a sports team, you must also submit the following documentation:

• The executed contract with the U.S. sports team or league or the individual sport, plus at least two of the following:
  • Evidence of receiving a significant honor in your sport;
  • Evidence of participating to a significant extent in a prior season for a major U.S. sports team;
  • Evidence of participating to a significant extent in prior season for a U.S. collegiate team;
  • Evidence that your team is ranked internationally, if your sport has international rankings;
  • Evidence that you’ve participated in an international competition with a national sports team;
  • A written statement from your sport’s governing body, detailing how you or your team is recognized internationally; or
  • A written statement from someone in sports media or another recognized expert in your sport, detailing how you or your team is recognized internationally.

Professional Athletes: If you are a professional athlete, you must also submit the following documentation:

• Documentation proving that you are employed by a U.S. sports team that belongs to an association of at least six or more professional teams with a total combined revenue exceeding $10 million annually.  For example, you could provide the following documentation:
• A list of participating teams, prepared by the U.S. sports league or association;
• Contracts or agreements proving that the team is a member of the U.S. sports league or association;
• Letter from the U.S. sports league or association confirming that your team is a member;
• Tax documents proving the U.S. league or association’s annual revenue; or
• Audited financial statements.
• Additionally, you must submit documentation proving that the sports association governs the conduct of all member teams while regulating its members’ games, contests, and exhibitions. For example, you may submit:
• League or association bylaws; or
• Reports created by established media outlets discussing specific action taken by the league or association to regulate sporting events.

For minor league teams, you must produce:

• Any agreements or contracts outlining your employment;
• Documentation demonstrating that the minor league team is affiliated with a major league or association; orStatements from league or association officials confirming the minor league team’s association to a major league or association.

For Amateur Coach or Athlete, you must also submit the following documentation:

• Contracts identifying the team’s performance levels;
• Copies of rules or bylaws describing the team’s performance levels; or
• Any reports or articles from established sports media outlets describing the team’s performance levels.

For Theatrical Ice Skaters, you must also submit the following documentation:

• Evidence of your past accomplishments in your support, including any received awards;
• A schedule or itinerary of your performances; or
• Any descriptions of your performances from established media outlets.

These documentation lists are examples of what you should submit in support of your P-1A visa application. However, depending on your situation, you may need to submit additional documentation. An experienced immigration attorney can help you navigate this application process, helping you to achieve a positive result.

Once the USCIS approves your Form I-129, you can then apply for your visa at any U.S. embassy or consulate. Typically, these visas permit an initial stay of five days; however, this stay can be extended up to a maximum of 10 years.

The P-1B Entertainer Visa:

The P-1 visa also permits internationally recognized individual and group entertainers to enter the United States to participate in competitions, concerts, and other activities. To do this, you must apply for the P-1B visa.

How do I qualify for the P-1B visa?

To qualify for the P-1A visa, you must meet the following requirements:

• Your entertainment group must be “internationally recognized,” “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.”
• Additionally, at least 75 percent of your group’s members must have had a “substantial and sustained” relationship with the group for at least 12 months.

Individual entertainers are not eligible for this type of visa classification. If you are an individual entertainer, you may want to ask your qualified immigration attorney about what options are available, such as a P-3 visa.

How do I apply for the P-1B visa?

To apply for the P-1A visa, your U.S. employer, sponsor, or agent must file a Form I-129, Petition for a Nonimmigrant Worker, on your behalf, along with the required supporting documentation. If your sponsor or agent is representing you on behalf of multiple teams, then they must demonstrate that they are authorized to act as a sponsor or agent for all applicable U.S. employers.

If you need an extension for your stay, your employer, sponsor, or agent must also file a Form I-129 for the extension.

In addition to the Form I-129, your employer, sponsor, or agent must submit the following evidence (as applicable), as required by the U.S. Citizenship and Immigration Services (“USCIS”):

• A written consultation letter from the applicable labor organization describing the work to be performed in the United States along with a statement that your entertainment group has been together and performing regularly for at least 12 months. If there is no applicable labor organization, then this consultation and no objection letter is not required.