IMMIGRATION LAW

P-Visas and O-Visas

To promote the diversity of people in entertainment, sports, performances, and culture, the United States government designed a specific U.S. non-immigrant visa. The O-1 visas may be granted to individuals with an extraordinary ability in their field. The P-visa encourages internationally recognized athletes, entertainment groups, performers, and cultural coaches to come to the US.

The difference between the U.S. O-visa and P-visa is that an O-visa may initially be requested for up to three years and further extended in one-year increments indefinitely. Applicants for O-visas do not need to demonstrate proof of binding ties to a residence outside the United States. Whereas P-visas allow foreign athletes, artists and entertainers to enter the U.S. for a specific event, competition or performance. An approved petition for an individual athlete classified under the P-visa regulations, shall be valid for a period up to 5 years.

O-1 Visas

The O-1 extraordinary ability visa is a non-immigrant visa used by extraordinary and talented artists, musicians, actors, directors, screenwriters, make-up artists, tattoo artists, set designers, photographers, choreographers, entrepreneurs, educators, athletes, scientists, and engineers to bring their talent to the U.S. The O-1 visa allows for the talent to temporarily work in the United States. To qualify for the O-1 visa, an individual must demonstrate a record of “extraordinary achievement.” There are two types of O-1 visa:

1. O-1A Visa, for individuals who have extraordinary ability in the sciences, education, business, or athletics.
2. O-1B Visa (artist visa), for individuals who have demonstrated a record of extraordinary achievements in the arts or motion picture or television industry and have been recognized nationally or internationally for those achievements.
   

P-1 Visas

The P-1 Visa is targeted at nationally and internationally recognized athletes and performers. It is a non-immigrant visa type that was created with the intention of allowing overseas athletes to participate in U.S. athletic programs with the intention to promote themselves and/or their sport. This visa is also applicable to individual entertainers or groups for the purposes of entering the U.S. to participate in entertainment programs, competitions, or other activities. To be eligible, you must meet specific requirements, such as having a sponsor and staying in the U.S. temporarily. The P-visa status admits two different categories, P-1A Visa and P-1B Visa:

1. P-1A Visa, for internationally recognized athletes or athletic team

According to the official U.S. Citizenship and Immigration website, an athlete in team sports is eligible for one reason only. “You must be coming to the United States to participate in team events and must have achieved significant international recognition in the sport. The event in which your team is participating must be distinguished and require the participation of athletic teams of international recognition.” Typically, a team signs a player to a contract and the P-1A visa allows that player to remain eligible in the U.S., during the length of the contract. At the end of the season (or contract), that athlete must go home.

The following requirements must be fulfilled in order to qualify for a P-1A visa:

• The applicant must be a recognized athlete or entertainer participating in an event of international standing.
• The applicant must provide evidence of legal contracts with a major U.S. sports league, or organization.

In addition, the P-1 visa petitioner must submit the proof of at least of the two following:

• Participation in U.S. major sports league in prior seasons;
• Participation in international competitions with a national team;
• Written statement from the sports media or a recognized expert;
• Significant participation in a prior U.S. major league season.

2. P-1B Visa, for individuals or members of an internationally recognized entertainment group

The P-1B visa is designated for artists or entertainers, either an individual or group, who wish to enter into the U.S. temporarily as part of a reciprocal exchange program. There should be two organizations involved in this exchange program: an organization in the United States, and one abroad that provides for the temporary exchange of artists and entertainers.

To qualify for a P-1B visa the following requirements must be fulfilled:

• An exchange program exists between the U.S. organization and the foreign organization.
• The people involved in the exchange program are of equal caliber, and will be employed in similar conditions for similar periods of time.
• You are highly experienced and possess skills comparable to those of U.S. entertainers or artists in the reciprocal program.
• An appropriate labor organization is involved in negotiating the reciprocal exchange program.