P-1 visas are available to certain athletes and entertainers. In this blog post, we’ll look at some athletes and entertainers who may receive a P-1 visa.
Athletes
Generally, athletes who perform, individually or as part of a team, at an internationally recognized level of performance are eligible for a P-1 visa.[1]
Additionally, athletes who are part of a certain kind of team are eligible for a P-1 visa. The particular kind of team is a team that is a member of an association of six or more professional teams, where the association oversees the conduct of its teams and regulates the games its teams regularly play. Additionally, the combined yearly revenues of the association’s teams in total must be more than $10 million per year. Notably, athletes who are part of minor league affiliates of one of these teams are eligible for a P-1 visa.
Entertainment Groups
Entertainers who perform with or who are an essential part of an entertainment group that has been internationally recognized as being outstanding for a sustained and substantial time may be eligible for P-1 visas.
With some exceptions, two principal requirements apply to entertainment groups: (1) the group must have been internationally recognized as outstanding in the discipline for a sustained, substantial period of time; and (2) 75% of the members of the entertainment group and accompanying essential support personnel must have had a sustained, substantial relationship with the group.
Exceptions to the One-Year-Relationship Requirement
It is worth noting a couple of exceptions to the one-year-relationship requirement. USCIS can waive this requirement because of illness or unanticipated and exigent circumstances affecting a group member or when a foreign national augments the group by performing a critical role. An additional exception is that the one-year requirement does not apply to circus performers and essential circus support personnel.
Exceptions to the International-Recognition Requirement
It is also worth noting that USCIS may, in consideration of special circumstances, waive the international recognition requirement, so long as the entertainment group is recognized nationally as being outstanding in its discipline for a sustained, substantial period of time. An additional exception is that the international-recognition requirement does not apply to circus performers and essential circus support personnel.
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[1] It is worth noting that the law requires that a foreign national seeking a P-1 visa have a foreign residence abroad that she has no intention of abandoning.