Are you an athlete dreaming of competing in the United States? The American P1 Visa could be your ticket to making that dream a reality. In this guide, we will delve into the intricacies of the P1 Visa, offering insights into eligibility, requirements, application process, and more.
Whether you are a professional athlete, or a member of an internationally recognized sports team, this guide will serve as your roadmap to pursuing your passion in the United States.
What is a P1 Visa?
It is a non-immigrant visa designed for athletes and entertainers to temporarily participate in events, competitions, or performances in the US. It’s part of the broader P visa category, which includes individuals with exceptional abilities or achievements in sports, entertainment, or the arts.
The P1 visa specifically caters to athletes and entertainers, providing them with the opportunity to showcase their talents in the United States. P1 visa holders can share their skills with US audiences on an international platform.
What are the Types of P1 visa
There are two subcategories within the P-1 visa:
- P-1A Visa: This category is for internationally recognized athletes or athletic teams. It applies to individuals or teams who are coming to the U.S. to participate in a specific athletic competition at an internationally recognized level of performance.
- P-1B Visa: This category is for internationally recognized entertainment groups. It applies to performers who are part of an entertainment group that has achieved international recognition for a sustained period and are coming to the U.S. to perform as a group.
Note: P-1A visas are for athletes, while P-1B visas are for entertainers. Both categories require individuals or groups to have achieved a significant level of international recognition in their respective fields.
Understanding Eligibility Criteria for P-1 Visas: Athletes and Entertainers
1. Internationally Recognized Athletes (P-1A Nonimmigrant):
- P-1A visas cater to individual athletes with international recognition or members of internationally recognized athletic teams.
- Eligibility requires participation in athletic competitions of distinguished reputation, necessitating the presence of internationally recognized athletes or teams.
- Criteria for assessing the competition’s international recognition include factors such as viewership, past participation by renowned athletes, international rankings, and documented merit requirements.
- Events open to all skill levels may face scrutiny regarding their international recognition level, especially if participation by elite athletes is uncommon.
- Individual athletes joining US-based teams can also qualify under the P-1A visa, but they cannot perform separate services from the team.
2. Members of Internationally Recognized Entertainment Groups (P-1B Nonimmigrant):
- P-1B visas are designated for members of internationally recognized entertainment groups or individuals joining such groups.
- Eligibility hinges on the group’s international recognition and sustained performance quality, with 75% of members having a substantial relationship with the group for at least one year.
- Exceptions exist for personnel and certain entertainment groups, including waivers for international recognition or the one-year membership requirement under specific circumstances.
- A “group” comprises two or more individuals performing together, while “members” are those actively involved in the entertainment services.
- Solo performers accompanied by a consistent group may qualify as a unit under the 75% rule, necessitating a one-year relationship with the group for most members.
What are the Limitations of P1 visa?
Here are the limitations associated with this visa:
- Restricted Activities: Holders of the P1 Visa are only allowed to engage in activities related to their designated event or performance. They cannot pursue other forms of employment during their stay in the United States.
- Labor Organization Consultation: P1 Visa petitions cannot be approved until the appropriate labor organization is consulted by the United States Citizenship and Immigration Services (USCIS). This consultation is a prerequisite for approval.
- Multiple Employers: While P1 Visa holders may work for multiple employers, each employer must file a separate Form I-129. This ensures compliance with visa regulations and employment authorization.
- Dependent Restrictions: Dependents of P1 Visa holders are allowed to accompany them to the United States, but they are not authorized to work during their stay. Dependents include spouses and unmarried children under the age of 21.
Note: Understanding and adhering to these limitations is essential for P1 Visa holders to maintain compliance with immigration regulations and ensure a successful and lawful stay in the United States.
Can You Work on a P1 Visa?
If you have a P1 visa, you’re allowed to work, but only for the specific event or activity that your visa was granted for. For example, if you’re an athlete, you can compete in your scheduled matches or events. You can’t work outside of this without separate permission. If you’re traded to another team, you have 30 days to get a new petition filed so you can keep working. Each employer you work for needs to file a separate form for you. Your family can stay with you in the U.S. on your visa, but they can’t work.
How Much Does a P1 Visa Cost?
USCIS Fee for Filing a P petition include:
- Base Fee: $1,015
- Additional Fee (Asylum Program Fee): $600
- Premium Processing Fee (Optional): $2805
Additional fee waivers and reductions are applicable to small employers (< 25 employees) and non profit organizations. The fee also does not include any attorney costs which vary based on the complexity of the petition.
How Long is the P1 Visa Processing Time?
Processing times for P visa vary based on the petition and can typically range anywhere from 1-6 months. P visa has a premium processing option with an additional fee which guarantees a response within 15 days of filing the application. With this premium service, applicants can anticipate receiving a decision or a request for additional evidence much quicker than usual processing time.
Can I Apply for an Extension of Stay on a P1 visa?
You have the option to extend your stay in the United States if needed due to changes in plans or unforeseen circumstances. The initial duration of stay for the visa holders is typically aligned with the event or activity they were admitted for, with no specific minimum or maximum period.
Extensions vary depending on the visa category:
- P1 Individual Athletes and Essential Support Personnel: For individual athletes, a P1 visa is eligible for up to 5 years with a single 5-year extension, while other P visas are typically approved for a maximum of 1 year.
- Other P1, P2, and P3 Foreign Nationals, and Support Personnel have the option to extend their stay every year for the same event or activity.
Note: These extensions enable visa holders to continue their engagements in the U.S., contingent upon meeting USCIS criteria.
Visa Opportunities for International Performers: P-2 and P-3 Nonimmigrant Categories
1.Individual Performer or Group under Reciprocal Exchange Program (P-2 Nonimmigrant):
- P-2 visa is for artists or entertainers performing individually or as part of a group under a reciprocal exchange program
- The program must involve organizations from the US and one or more foreign states
2. Artist or Entertainer in Culturally Unique Program (P-3 Nonimmigrant):
- P-3 visa is for individuals coming to the US solely to perform, teach, or coach in a culturally unique program.
- The program can be commercial or non-commercial and must showcase cultural uniqueness.
Treatment of Family Members
- Spouses and unmarried children can receive P-4 derivative classification.
- They share the same admission period and restrictions as the main visa holder.
- Employment is generally not permitted unless they obtain separate employment authorization.
- If already in the US under another nonimmigrant status, they need to file Form I-539 for a change of status to P-4 or an extension of stay if the main visa holder’s stay is extended.
How Kodem Law Can Help You?
At Kodem Law, we understand the complexities of immigration law and the significance of obtaining the right visa for your aspirations. Our team of experienced immigration attorneys is dedicated to providing personalized guidance and support throughout the P1 Visa application process.
With Kodem Law by your side, you can embark on your adventure in the United States with confidence, knowing that you have a trusted partner advocating for your success every step of the way.
Contact us today to learn more about how we can assist you in achieving your goals with the American P1 Visa.
Frequently Asked Questions
Q1- Can I bring my dependents on a P1 visa?
P1 visa holders are allowed to bring their dependents to the US with them. Dependents refer to your spouse and unmarried children under the age of 21. To be able to join you, they need to apply for the P4 Visa. They can submit their application at the same time as you or after, once you already have your P1 Visa.
Q2- Can the dependents work on a P4 visa?
No, dependents on P4 visas may not be employed or receive compensation from any U.S. source. P4 dependents are not eligible for work authorization and employment. A P4 dependent may change to another immigration status that permits employment if they qualify. While in the US, they are allowed to study but they do not automatically get the right to work. If they want to seek employment in the US, they need to apply for the Employment Authorization Document.
Q3- Can my dependents study on a P4 visa?
Yes, your dependents may engage in full-time study on a P4 visa without acquiring an F1 student visa.