A. Peer Group Consultation
Prior to filing of the P1 visa petition with the USCIS, your employer must obtain an advisory opinion from an appropriate consulting entity or a labor organization, or show that an appropriate peer group, labor organization or management organization does not exist.
If the position is covered under a union contract, your employer may need to obtain a letter of no-objection signed by an official union representative of the local chapter. The letter must state your name and the name of your employer, along with the name of the labor organization and the name and address of the local chapter. The letter must state that the labor organization has reviewed pertinent information about your position and credentials, and that hiring you will not “adversely affect the wages or working conditions of U.S. workers and that, therefore, it has no objection to you being hired”.
B. Filing The P1 Petition
1.A P1 petition is filed on USCIS Form I-129, along with the Form I-129O/P supplement. Your P1 visa petition documents must include:
a.Written contract between your group and the U.S. employer or agent, or, if there is no written contract, a thorough description of your oral agreement
b.An explanation of the event and its itinerary
2.Athletes and athletic teams must submit at least two of the following documents:
a.Records of previous participations in a major U.S. sports league
b.Records of participation on a national team at international events
c.Records of participation to a significant extent in a prior season with a U.S. collegiate team
d.Statements from official governing bodies of the sport outlining international recognition of the athlete or athletic team
e.Statements from recognized experts in the sport and members of the sport media outlining international recognition of the athlete or athletic team
f.Evidence of the athlete’s high rank in sports which use ranking systems
g.Evidence of significant awards the athlete or the athletic team has received
3.Artists and Entertainment Groups must submit at least two of the following documents:
a.Records of the group’s participation in internationally reputed events
b.Record of group’s international recognition as shown by reviews in papers, trade journals, etc.
c.Recognition of group’s achievements by leaders in the field
d.Record of group’s commercial success
e.Records which show that the group commands a significantly high salary compared to others in the field
If you are overseas, the USCIS will notify the consulate nearest to your permanent residence. You must take the P1 approval notice to the American Consulate to obtain the P1 visa. If you are already in the U.S., you can start working for your employer as soon as you receive the approval for a change of status.
C. Premium Processing of The P1 Athlee Visa And P1 Entertainment Visa
You may have your P1 petition adjudicated within 15 calendar days by applying for premium processing.
For an additional fee of U.S. $1,440, the USCIS guarantees a prompt decision on your P1 petition. You will receive either an approval notice, a request for further evidence, a notice of intent to deny the petition, or a notice of investigation for fraud or misrepresentation within 15 calendar days from the date you applied for premium processing of your P1 visa. If the USCIS fails to respond within 15 calendar days, it will refund the $1,440 fee and continue to process the petition under the expedited process.
D. Applying For The P1 Visa At An American Consulate
To apply for the P1 visa, you must furnish the original or a copy of the Notice of Action, Form I-797A or B (the approval notice forwarded to your employer when the petition is approved). Your visa application must include the following documents:
- DOS Form DS-160, Nonimmigrant Visa Application
- A copy of your passport which is valid for at least six months beyond the period of stay in the U.S. and with at least one blank page
- Passport style color photograph showing full face without head covering against a light background. You may wear a headdress if required by a religious order of which you are a member
- A letter from your U.S. employer detailing your position and a statement that you possess skills essential to the performance of the job offered
Duration of Stay
A. Athletes And Athletic Teams
You may be initially issued the P1 valid for up to five years. The USCIS may grant further extensions in one-year increments with the total stay on P1 athlete visa not exceeding ten years.
B. Artists And Entertainers
You may be issued the P1 valid for the period necessary to perform the event not exceeding one year. An entertainment event could include an entire season of performances. The USCIS may grant further extensions of stay in one-year increments with a total stay on P1 artist visa not exceeding ten years.
Spouse and Children
Spouses and/or children under the age of 21 who wish to accompany or join you in the U.S. for the duration of your stay can apply for P4 visas.
