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Note: Do not confuse with Permanent Residency, EB-1 Extraordinary Ability (green card) ...This is a non-immigrant intent visa for athletes and entertainers.
The P category covers those entertainers and athletes who cannot qualify under the extraordinary ability standard for the O category. The only other category, in which entertainers or athletes may be admitted to the US is the H-2 B category, requiring a labor certification from Department of Labor. Accompanying aliens are not permitted for P entertainers and athletes (versus the O category) and the P visa beneficiary MUST have a foreign residence that he or she has no intention of abandoning.
This visa is for:
- Alien athletes who compete individually or as part of a team at an internationally recognized level and;
- Aliens who perform with, or are an integral and essential part of the performance of, an entertainment group that has received international recognition as “outstanding” for a “sustained and substantial period of time”.
Note: those athletes or entertainers still not qualifying for the P visa may try the H2B visa ( temporary, one time occurancy visa) but requiring a labor certification prior to visa issuance by INS.
CONDITIONS OF ADMISSIBILITY FOR ATHLETES:
- Participation in a prior season with a major U.S. league;
- Participation in international competition with a national team;
- Participation in a prior season for a U.S. college in intercollegiate competition;
- A statement from an official of a major U.S. sports league or an official of the governing body of the sport detailing how that alien or the team is internationally recognized;
- A statement from a member of the sports media or a recognized expert in the sport which details how the alien or the team in internationally recognized;
- International rankings of the individual or team
- Significant honors or awards in the sport received by the individual or team.
CONDITIONS OF ADMISSIBILITY FOR ENTERTAINERS:
- Performed of will perform as starring or leading entertainment group in production or events which have a distinguished reputation.
- Achieved international recognition and acclaim for outstanding achievements in its field.
- Performed and will perform services as a leading or starring group for organizations and establishments that have a distinguished reputation.
- A record of major commercial or critically acclaimed successes.
- Achieved significant recognition for achievements from organizations, critics, government agencies.
- Commanded or now commands a high salary or other substantial remuneration for services comparable to others similarly situated in the field.
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