What is the P-1A visa?
The P-1A visa allows individuals to temporarily visit the United States in order to perform at a specific athletic competition. This includes:
- Professional athletes
- Individual athletes competing at an internationally recognized level of performance
- Athletes who are part of a group or team competing at an internationally recognized level of performance
- Athletes or coaches who are part of a team located in the U.S. that is a member of a foreign league or association
- Professional or amateur athletes performing in a specific theatrical ice skating production or tour
How do I qualify as a professional athlete?
A professional athlete must be visiting the U.S. as part of a team “that is a member of an association of six or more professional sports teams whose total combined revenues exceed $10 million per year.”
To show the association’s revenues, the applicant can provide, for example, profit and loss sheets, audited financial documents, or media articles that reference team revenues. It is important to identify the specific source of revenue – for example, ticket sales, merchandise sales, broadcasting, etc. USCIS will only consider revenue streams that are related to the activities of the teams.
Alternatively, the athlete may be employed by any minor league team that is affiliated with such an association. To determine whether a minor league team is affiliated, USCIS considers whether there is an agreement to move players between the major and minor league teams. In contrast, relationships between major and minor league teams that are primarily for promotional or marketing purposes will likely not be sufficient.
How do I qualify as an individual athlete competing at an internationally recognized level of performance?
The athlete must be internationally recognized in the sport in which they plan to compete in the U.S. This means that they must have significant achievement in a sport, as demonstrated “by a degree of skill and recognition substantially above that ordinarily encountered.” This means that the athlete’s athletic achievements must be “renowned, leading, or well-known in more than one country.”
The specific athletic competition that the athlete will be competing in must have a “distinguished reputation” and must be at an internationally recognized level such that it requires the participation of an internationally recognized athlete.
How do I qualify as an athlete who is part of a group or team competing at an internationally recognized level of performance?
The athlete must be competing with a team that has achieved international recognition in the sport it will be competing in. Similar to the requirement that applies to individual athletes, the competition must have a “distinguished reputation” and must be at an internationally recognized level such that it requires the participation of an internationally recognized team.
How does USCIS determine whether an event is internationally recognized?
To determine whether an event meets this criterion, USCIS considers:
- The level of viewership of the event, including whether it is covered by major media outlets, the number of people attending the event, and the amount of revenue generated by viewership
- Whether past occurrences of the event or competition were attended by internationally recognized athletes or teams
- The international ranking of athletes who compete in the event
- The documented requirements for athletes competing in the event
If the competition is open to individuals of all skill levels, this cuts against the argument that the event is internationally recognized.
How do I qualify as an amateur athlete or coach?
The amateur athlete or coach must be visiting the U.S. as part of a team or franchise that is located in the U.S. and that is a member of a foreign league or association.
The foreign league or association must consist of at least 15 teams, must be the highest amateur level in the sport in the respective foreign country, must send a significant number of its players to major sports leagues or their minor league affiliates, and must make players ineligible to participate in the sport at U.S. universities.
How do I qualify as a theatrical ice skater?
The ice skater must be visiting the U.S. to perform in a specific production or tour. They can be either a professional or amateur athlete, and they can perform either individually or as part of a group.
Are poker players considered “athletes” for purposes of the P-1A visa?
Yes, poker players can qualify for a P-1A visa if they satisfy the other requirements for the visa (for example, if they are internationally recognized and competing in an event with a distinguished reputation).
Can the P-1A athlete do any work outside of the competition?
No. P-1A athletes are allowed to only perform in the athletic competition. This can include promotional appearances related to the competition. However, they are not authorized to do other work outside of this.
Can the family members of a P-1A nonimmigrant qualify for visas?
Yes. The spouse and children of a P-1A athlete can apply for P-4 visas, which permit them to visit and study in the U.S. The P-4 visa does not provide work authorization.
Can the P-1A athlete’s support staff qualify for a visa?
Yes, support staff for the P-1A athlete can apply for a P-1S visa. Support staff can include coaches, trainers, referees, umpires, and interpreters, among others. The support staff must be “an integral part of the performance” and they must provide support services that a U.S. worker cannot easily perform.
How long is the validity period for a P-1S support person?
The initial validity period for a P-1S support person is limited to a maximum of one year. If necessary, after the period of initial validity the support person can apply for an extension of stay for a period of up to five years.
What must be included in a P-1S application for a support person?
The P-1S application for a support person should include:
- A statement describing the need for the support person and their skill, as well as their experience with the team or athlete
- A consultation from a relevant labor organization that has expertise in the area of the support person’s skill
- A copy of the contract between the employer and the staff person
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