P-1B VISA-INTERNATIONALLY RECOGNIZED ENTERTAINERS OR ENTERTAINMENT GROUP MEMBERS
8 CFR § 214.2(p) Petitions for Temporary Nonimmigrants Employees
The P-1B visa is given to a member of an internationally recognized entertainment group that has been recognized internationally as outstanding in the discipline for a sustained and substantial period of time that meets the following criteria:
- At least 75 percent of the members of your group must have had a substantial and sustained relationship with the group for at least one year.
- Your entertainment 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. The reputation of the group, not the individual achievements of its members or the acclaim of a particular production, is essential.
- entertainers not performing as part of a group are not eligible
Special Exception to Eligibility Criteria
- circus performers and essential circus personnel are exempt from the one year requirement and the internationally recognized requirement if coming to join a nationally recognized circus.
- Certain nationally known entertainment groups may have the internationally recognized requirement waived if they can establish they have been recognized nationally as outstanding in its discipline for a sustained amount of time in consideration of special circumstances.
Who can File and What to File
Any qualified US Employer can file Form I-129 including the following supporting documentation as madatory initial evidence:
- A written consultation 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
- An explanation of the event and itinerary
- A copy of the contract between the petitioner and the beneficiary or summary of terms of the oral agreement under which the beneficiary will be employed
- Evidence that your group has been established and performing regularly for at least one year
- Statement from the petitioner listing each member of the group and the exact dates for which each member has been employed on a regular basis by the group
- Evidence that your group is internationally recognized as outstanding in the discipline for a sustained and substantial period of time as demonstrated by evidence of your group’s receipt of, or nomination for, significant international awards or prizes for outstanding achievement in the field, or evidence of at least three of the following:
- Your 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
- Your 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
- Your 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
- Your 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
- Your group has received significant recognition for achievements from critics, organizations, government agencies or other recognized experts in the field
- Your 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
Essential Support Personnel are Also Eligible for P-1 Status
Essential Support Personnel who are an integral part of the performance of a P-1 entertainer performing support services that cannot be readily performed by a U.S. worker can file a separate Form I-129 application.
- A consultation from an from an appropriate labor organization with expertise in the area of the support person’s skill
- A statement describing the prior and current essentiality, critical skills, and experience of the beneficiary with the P-1 beneficiary and
- A copy of a written contract between the employer and the support person or a summary of the terms of the oral agreement