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P Visa – Hojinpark Lawyer

P Visa

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P-1(A) visa

P-1(A) visa is for an individual who is coming to the U.S. temporarily to perform at a specific athletic competition as an athlete, individually or as part of a group or team, at an internationally recognized level of performance.

Eligibility Requirements:

  • An athlete, who performs at an internationally recognized level of performance;
  • An amateur athlete or coach of sports team that are members of a foreign league or association if:
  • The foreign league or association is the highest level of amateur performance of that sport in that country,
  • Participation renders the athlete ineligible for U.S. scholarships under NCAA rules, and
  • A significant number of the players in the league are drafted into major league teams or minor teams affiliated with them; OR
  • A professional or amateur ice skater who performs individually or as part of a group theatrical production.

To demonstrate its international recognition for a P-1(A) visa purpose, the athlete must satisfy two of the following:

  • Evidence of having participated to a significant extent in a prior season with a major S. sports league;
  • Evidence of having participated to a significant extent in international competition with a national team;
  • Evidence of having participated to a significant extent in a prior season for a U.S. college or university in intercollegiate competition;
  • A written statement from an official of a major U.S. sports league or an official of the governing body of the sport which details how you or your team is internationally recognized;
  • A written statement from a member of the sports media or a recognized expert in the sport which details how you or your team is internationally recognized;
  • Evidence that you or your team is ranked, if the sport has international rankings; and
  • Evidence that you or your team has received a significant honor or award in the sport.

Period of Stay:

 An individual athlete may be admitted for up to five years, with an extension for up to five years in order to continue or complete the event competition or performance. Total stay is limited to ten years.

An athletic group may be admitted for up to one year, and its stay may be extended for up to one additional year to continue or complete the event competition or performance.

 Change of Employer:

A P-1(A) may change employers, but the new employer has to file a new P-1 visa petition and get an approval before the P-1 start working with it.

 P-1(B) visa

P-1(B) visa is for an individual who is coming to the U.S. temporarily to perform as a member of an entertainment group that has been recognized internationally as outstanding in the discipline for a sustained and substantial period of time.

Eligibility Requirements:

  • At least 75% of members of the group have had sustained and substantial relationship with the group for at least one year, and
  • The group must be internationally recognized, having a high level of achievement in a field evidenced by a degree of skill and recognition substantially above that ordinarily encountered.

Note: An individual entertainer is not eligible for this visa classification.

To demonstrate its international recognition for a P-1(B) visa purpose, the entertainment group must satisfy three of the following

  • it has performed and will perform as a starring or leading entertainment group in production or events which have a distinguished reputation;
  • it has achieved international recognition and acclaim for outstanding achievement in its field as evidenced by reviews in major newspapers, trade journals, magazines or other published material;
  • it has performed and will perform services as a leading or starring group for organizations and establishments that have a distinguished reputation;
  • it has a record of major commercial or critically acclaimed successes, as evidenced by indicators such as ratings, box office receipts, record, cassette or video sales, and other achievements as reported in trade journals, major newspapers or other publications;
  • it has received significant recognition for achievements from critics, organizations, government agencies or other recognized experts in the field; and
  • it has commanded and will command 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.

Period of Stay:

 The group members may be admitted for the time needed to complete the event, competition or performance, not to exceed one year, with an extension for up to one year in order to continue or complete the event competition or performance.

Change of Employer:

A P-1 may change employers, but the new employer has to file a new P-1 visa petition and get an approval before the P-1 start working with it.

 P-2 visa

P-2 visa is for an individual who is coming to the U.S. temporarily to perform as an artist or entertainer, individually or as part of a group, who will perform under a reciprocal exchange program between an organization in the U.S. and an organization in another country.

Eligibility Requirements:

All exchange artists or entertainers must possess skills comparable to those of the United States artists and entertainers taking part in the program outside the U.S.

 Period of Stay:

The exchange artists or entertainers may be admitted for the time needed to complete the event, competition or performance, not to exceed one year, with an extension for up to one year in order to continue or complete the event, competition or performance.

Change of Employer:

A P-2 may change employers, but the new employer has to file a new P-1 visa petition and get an approval before the P-2 start working with it.

P-3 visa

P-3 visa is for an individual who is coming to the U.S. temporarily to perform, teach or coach as artists or entertainers, individually or as part of a group, under a program that is culturally unique.

Eligibility Requirements:

A P-3 must be coming to the U.S. for the purpose of developing, interpreting, representing, coaching or teaching a unique or traditional ethnic, folk, cultural, musical, theatrical or artistic performance or presentation.

In addition, the P-3 must be coming to the U.S. to participate in a cultural event(s) which will further the understanding or development of his/her art form.

 Period of Stay:

 A P-3 may be admitted for the time needed to complete the event, activity or performance, not to exceed one year, with an extension for up to one year in order to continue or complete the event, activity or performance.

Change of Employer:

A P-3 may change employers, but the new employer has to file a new P-1 visa petition and get an approval before the P-2 start working with it.

 Issues Common to all of P-1, P-2 and P-3:

 Essential Support Personnel:

It indicates a person, who is an integral part of the performance of a P-1, P-2 or P-3 because he or she performs support services which cannot be readily performed by a U.S. worker and which are essential to the successful performance of services.

Multiple support personnel may be on one petition if it involves the same period of time and the same services.

 Consultation Requirement:

An advisory opinion letter from an appropriate union regarding the nature of the work to be done by a P visa holder as well as the person’s qualification must be submitted.

Immediate Family Members of a P visa:

An accompanying or following-to-join spouse and children under the age of 21 may be eligible for a P-4 visa, subject to the same period of admission and limitations as the P-1, P-2 or P-3 worker.  A P-4 may not work in the U.S., but may engage in full or part time study.

DISCLAIMER

Neither your receipt of information from this website nor your use of this website to contact Ho Jin Park, Esq. creates an attorney-client relationship between you and Ho Jin Park, Esq. The materials, included in this website, are for informational purposes only and are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. You should contact an attorney for advice on specific legal problems. Many of the practice summaries on this website describe results obtained in matters handled for Ho Jin Park, Esq.'s clients. These descriptions are meant only to provide information about the activities and experience of Ho Jin Park, Esq., as not intending as a guarantee that the same or similar results can be obtained in every matter undertaken by Ho Jin Park, Esq.