The P-1 “Athlete or Performer” visa allows recognized foreign professional athletes and performers to be admitted to the United States to participate in single event or for a season of competition as an individual performer or as part of a team. 

This temporary visa allows for employment in the United States in the fields of arts and athletics. Derivative visas may be obtained for aliens supporting the performers such as coaching staff, and for spouses and family members.  

The lawyers at Visa Law Group regularly help foreign professional athletes and teams prepare and file comprehensive P-1 visa applications.

Our past and present clients include: 

• Athletes such as Tennis Players, Race Horse Jockeys, Bicycle Racers, Lacrosse Players, Race Car Drivers, Ice Hockey Players;
• Teams of athletes competing in major sports, including the NLL;
• Artists and entertainers.

While there is no maximum number of P-1 non-immigrants that may be admitted annually to the United States, this work visa has several important qualifying criteria and limitations to be considered before seeking this status.  

Key Factors

To qualify for P-1 status, the alien must persuasively demonstrate the he or she will work as an athlete pr performer (individually or as part of a group or team) at an internationally recognized level of performance, AND he or she seeks to enter the United States temporarily and solely for the purpose of performing in a specific competition.  More specifically, a petition for a P-1 athlete or performer, or athletic team, must include:

1. A tendered contract with a major United States sports league or team, or a tendered contract in an individual sport commensurate with international recognition in that sport, if such contracts are normally executed in the sport, and
2. Documentation of at least two of the following:
   Evidence of having participated to a significant extent in a prior season with a Major United States sports league;
   Evidence of having participated in an 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 the governing body of the sport which details how the alien or team is internationally recognized; 
   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;
   Evidence that the individual or team is ranked if the sport has international ranking; or,
   Evidence that the alien or team has received a significant honor or award in the sport. 

Note: These “athlete” rules are slightly different then those in effect for non-athlete performers who are members of a larger performance group.

Need For Employer or Sponsor

The P-1 classification is employment-based and therefore requires a sponsoring U.S. employer which generally takes the form of a company or organization seeking to hire the athlete or performer. However, the rules also allow for a United States “agent” to serve as the sponsor for the athlete or performer.

Significant Evidence Expectations

Because this visa class is restricted to internationally recognized performers, the CIS has placed an enormous burden on the petitioner to persuasively document that the foreign performer does, in fact, possess a “recognized ability” in the sport. Both the foreign athlete and petitioner/agent filing in this classification should expect to over-document the satisfaction of each of the eligibility requirements.

Peer Review Letter

Another important rule to consider in the P-1 class is the requirement for a written advisory opinion or “no objection” letter from a peer group, labor organization or management organization.  Selecting the correct organizations and securing the correct language is essential to petition approval.   

Filing Process

In general, the visa application process takes three steps. First, an application is filed with the Citizenship & Immigration Service (CIS) at one of their Regional Service Centers. If approved, the foreign expert will then generally apply for P-1 visa issuance at the U.S. Embassy or Consulate in his/her home country or place of foreign residence. Third, a final review process occurs at the time of entry into the United States by an Immigration Officer from the CIS. There are some exceptions to this rule. 

One of the benefits of this program is that an initial approval is typically issued for a two-year period.  That initial visa may then be extended in one or two year blocks, or as required to complete the proposed employment or project.

Our Experience

The lawyers at Visa Law Group regularly help respected foreign athletes and performers, teams and groups, as well as US-based agents prepare and file comprehensive P-1 visa applications. If you believe that you qualify for this visa classification and need legal advice, please feel free to contact us at Morris@VisaLink.com