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Musicians, Athletes & Performers (O-1 & P-1)

November 30th, 2009

Categories:

P-1 Athlete
The P-1 classification applies to an alien 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.
Petition Document Requirements
A U.S. employer should file the I-129 petition with:
A written advisory opinion from an appropriate labor organization:
A copy of the contract with a major U.S. sports league or team or a contract in an individual sport commensurate with international recognition in the sport, if such contracts are normally utilized in the sport;
Copies of evidence of at least two of the following:

  1. Significant participation in a prior season with a major United States sports league;
  2. Participation in international competition with a national team;
  3. Significant participation in a prior season for a U.S. college or university in intercollegiate competition;
  4. A written statement from an official of the governing body of the sport which details how the alien or team is internationally recognized;
  5. A written statement from a member of the sports media or a recognized expert in the sport which details how the alien or team is internationally recognized;
  6. The individual or team is ranked, if the sport has international rankings; or
  7. The alien or team has received a significant honor or award in the sport.

P-1 Entertainment Group
The P-1 classification also applies to an alien coming temporarily to perform as a member of a foreign-based entertainment group that has been recognized internationally as outstanding in the discipline for a sustained and substantial period of time. This person also must have had a sustained and substantial relationship with the group (ordinarily for at least one year) and/or provide functions integral to the group’s performance.
Petition Document Requirements
The petition should be filed by a U.S. employer with:

  1. A written advisory opinion from an appropriate labor organization;
  2. A statement that the group has been established and performing regularly for at least one year;

Evidence the group is internationally recognized as outstanding in the discipline for a sustained and substantial period of time as demonstrated by evidence of the group’s receipt of, or nomination for, significant international awards or prizes for outstanding achievement in the field, or evidence of at least 3 of the following:

  1. The group has performed and will perform as a starring or leading entertainment group in production or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications, contracts, or endorsements;
  2. The group 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;
  3. The group has performed and will perform services as a leading or starring group for organizations and establishments that have a distinguished reputation as evidenced by articles in newspapers, trade journals, publications, or testimonials;
  4. The group 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;
  5. The alien has received significant recognition for achievements from critics, organizations, government agencies or other recognized experts in the field in which the alien is engaged, with the testimonials clearly indicating the author’s authority, expertise and knowledge of the alien’s achievements; or
  6. The group 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.

P-2 Artistic Exchange
The P-2 classification applies to an alien coming 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.
Petition Document Requirements
The I-129 petition must be filed by the sponsoring organization, an employer in the U.S. , or the U.S. labor organization that negotiated the agreement. The petition must be filed with:

  1. A written consultation by an appropriate labor organization;
  2. A copy of the formal reciprocal exchange agreement between the U.S. organization(s) sponsoring the alien and the organization(s) in a foreign country which will receive the U.S. artist or entertainer;
  3. A statement from the sponsoring organization describing the reciprocal exchange of U.S. artists or entertainers as it relates to the specific petition for which classification is sought;
  4. Evidence the alien and the U.S. artist or entertainer subject to the reciprocal exchange agreement are artists with comparable skills and that the terms and conditions of employment are similar.

Evidence that an appropriate labor organization in the U.S. was involved in negotiating, or has concurred with, the reciprocal exchange of U.S. and foreign artists or entertainers.
P-3 Culturally Unique Artists
The P-3 classification applies to aliens coming temporarily to perform, teach or coach as artists or entertainers , individually or as part of a group, under a program that is culturally unique .
Petition Document Requirements
The petition should be filed by the sponsoring organization or employer in the U.S. with:

  1. A written consultation from an appropriate labor organization;
  2. Affidavits, testimonials or letters from recognized experts attesting to the authenticity of the alien’s or group’s skills in performing, presenting, coaching or teaching the unique and traditional art forms and giving the credentials of the expert including the basis of his or her knowledge of the alien’s or group’s skills;
  3. Documentation that all of the performances or presentations will be culturally unique events, and;

Documentation that the performance of the alien or group is culturally unique as evidenced by reviews in newspapers, journals or other published materials.
P-1, 2, or 3 (Accompanying Support Personnel)
This category applies to accompanying support personnel who are highly skilled aliens coming temporarily as an essential and integral part of the competition or performance of a P-1, P-2, or P-3. Essential support personnel must perform support services which cannot be readily performed by a U.S. worker and which are essential to the successful performance or services of the athlete or entertainer.
Petition Document Requirements
The petition must be filed in conjunction with the petition for a P-2 alien by a U.S. employer and must be filed with:

  1. A written consultation with a labor organization in the skill in which the alien will be involved;
  2. A statement describing the alien’s prior and current essentiality, critical skills and experience with the principal alien;

A copy of any written contract between the employer and the alien or a summary of the terms of the oral agreement under which the alien will be employed.
Aliens with Extraordinary Ability (Os)
Are you an individual of extraordinary ability? Are you renowned in your field? If so, you may qualify for O-1 nonimmigrant status.
The O category is reserved for:

  1. Aliens of extraordinary ability in the sciences, arts, education, business, or athletics (O-1),
  2. the artist’s or athlete’s support staff (O-2), and
  3. the O-1’s spouse and/or child(ren) (O-3).

To qualify, the alien must be coming to the U.S. to work in his or her area of extraordinary ability or achievement. There is currently no annual cap on O visas.
O-1 Extraordinary Ability (Science, Education, Business, or Athletics)
The O-1 category applies to aliens coming temporarily who has extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television) .
Petition Document Requirements
A U.S. employer should file the petition (Form I-129) with:

  1. A written advisory opinion from a peer group (including labor organizations) or a person designated by the group with expertise in the alien’s area of ability;
  2. A copy of any written contract between the employer and the alien or a summary of the terms of the oral agreement under which the alien will be employed;
  3. Evidence that the alien has received a major, internationally-recognized award, such as a Nobel Prize, or evidence of at least three of the following:
    1. Receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
    2. Membership in associations in the field for which classification is sought which require outstanding achievements, as judged by recognized international experts;
    3. Published material in professional or major trade publications, newspapers or other major media about the alien and his work in the field for which classification is sought;
    4. Original scientific, scholarly, or business-related contributions of major significance in the field;
    5. Authorship of scholarly articles in professional journals or other major media in the field for which classification is sought;
    6. A high salary or other remuneration for services as evidenced by contracts or other reliable evidence;
    7. Participation on a panel, or individually, as a judge of the work of others in the same or in a field of specialization allied to that field for which classification is sought;
    8. Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation.

If the above standards do not readily apply to the alien’s occupation, the petitioner may submit comparable evidence in order to establish the alien’s eligibility.
O-1 Extraordinary Ability (Arts, Motion Picture, or Television)
The O-1 category also applies to aliens who are coming temporarily and have extraordinary ability in the arts or extraordinary achievement in the motion picture or television industry.
Petition Document Requirements
A U.S. employer should file the I-129 petition with:
A written advisory opinion, describing the alien’s ability as follows:
If the petition is based on the alien’s extraordinary ability in the arts, the consultation must be from a peer group (including labor organizations) in the alien’s field of endeavor; or a person or persons designated by the group with expertise in the alien’s area of ability.
If the petition is based on the alien’s extraordinary achievements in the motion picture or television industry, separate consultations are required from a labor and a management organization with expertise in the alien’s field of endeavor.
A copy of any written contract between the employer and the alien or a summary of the terms of the oral agreement under which the alien will be employed;
Evidence the alien has received, or been nominated for, significant national or international awards or prizes in the particular field, such as an Academy Award, Emmy, Grammy or Director’s Guild Award, or evidence of at least three of the following:

  1. Performed or will perform services as a lead or starring participant in productions or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications, contracts or endorsements;
  2. Achieved national or international recognition for achievements, as shown by critical reviews or other published materials by or about the individual in major newspapers, trade journals, magazines, or other publications;
  3. A record of major commercial or critically acclaimed successes, as shown by such indicators as title, rating or standing in the field, box office receipts, motion picture or television ratings and other occupational achievements reported in trade journals, major newspapers or other publications;
  4. Received significant recognition for achievements from organizations, critics, government agencies or other recognized experts in the field in which the alien is engaged, with the testimonials clearly indicating the author’s authority, expertise and knowledge of the alien’s achievements;
  5. A high salary or other substantial remuneration for services in relation to others in the field, as shown by contracts or other reliable evidence; or

If the above standards do not readily apply to the alien’s occupation, the petitioner may submit comparable evidence in order to establish the alien’s eligibility.
O-2 Support Personnel
The O-2 category applies to aliens accompanying an O-1 artist or athlete to assist in a specific event or performance. This person would be acting as an essential and integral part of the artistic or athletic performance of an O-1 artist or athlete 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 the O-1 .
Petition Document Requirements
The petition must be filed by a U.S. employer in conjunction with the filing of the O-1 alien petition and must be filed with:
A written advisory opinion.
If the O-2 petition is for an alien accompanying an O-1 alien of extraordinary ability in the arts, the opinion must be from a labor organization with expertise in the skill area involved.
If the O-2 petition is for an alien accompanying an O-1 alien of extraordinary achievement in the field of motion picture or television, the opinion must be from a labor organization and a management organization with expertise in the skill area involved.
Evidence of the current essentiality, critical skills, and experience of the O-2 alien with the O-1 alien, and that the alien has substantial experience utilizing the critical skills and essential support services for the O-1. In the case of a specific motion picture or television production, the evidence shall establish that significant production has taken place outside the U.S. , and will take place inside the U.S. and that the continuing participation of the alien is essential to the successful completion of the production.
O-3 Dependents
Spouses and minor children (dependents) of O-1’s are admitted under O-3 status with the same restrictions as the principal. They may not work in the U.S. under this classification.
Information courtesy of the U.S. Citizenship & Immigration Services website
Page Summary: Athletes, groups and other artists may obtain entry into the U.S. in the O or P nonimmigrant visa categories.