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Classification |
1. A P-1 classification applies to an alien who is
coming temporarily to the United States:
- To perform at a specific athletic competition
as an athlete, individually or as part of a group or team, at an
internationally recognized level of performance, or
- To perform with, or as an integral and
essential part of the performance of, an entertainment group that
has been recognized internationally as being outstanding in the
discipline for a sustained and substantial period of time, and who
has had a sustained and substantial relationship with the group
(ordinarily for at least 1 year) and provides functions integral
to the performance of the group.
2. A P-2 classification applies to an alien who is
coming temporarily to the United States to perform as an artist or
entertainer, individually or as part of a group, or to perform as an
integral part of the performance of such a group, and who seeks to
perform under a reciprocal exchange program which is between an
organization or organizations in the United States and an organization
or organizations in one or more foreign states, and which provides for
the temporary exchange of artists and entertainers, or groups of artists
and entertainers.
3. A P-3 classification applies to an alien artist or
entertainer who is coming temporarily to the United States, either
individually or as part of a group, or as an integral part of the
performance of the group, to perform, teach, or coach under a commercial
or noncommercial program that is culturally unique.
A P-1 petition for an athlete or entertainment group
shall be filed by a U.S. employer or sponsoring organization, a foreign
employer, or an established U.S. agent. A P-2 petition for an artist or
entertainer in a reciprocal exchange program shall be filed by the U.S.
labor organization which negotiated the reciprocal exchange agreement,
the sponsoring organization, or an employer in the United States. A P-3
petition for an artist or entertainer in a culturally unique program
shall be filed by the sponsoring organization or an employer in the
United States.
A P-2 classification shall be accorded to artists or
entertainers, individually or as a group, who will be performing under a
reciprocal exchange program which is between an organization or
organizations in the United States, which may include a management
organization, and an organization or organizations in one or more
foreign states and which provides for the temporary exchange of artists
and entertainers, or groups of artists and entertainers.
A P-3 classification may be accorded to artists or
entertainers, individually or as a group, coming to the United States
for the purpose of developing, interpreting, representing, coaching, or
teaching a unique or traditional ethnic, folk, cultural, musical,
theatrical, or artistic performance or presentation.
There is a consultation with a labor organization that
has expertise in the area of the alien's sport or entertainment field
requirements for P-1 athletes and entertainment groups.
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Expansion of the P-1 Category |
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12/28/2006: Memo of
"Creating Opportunities for Minor League Professional, Entertainers, and
Teams through Legal Entry Act of 2006. |
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Approvals |
- P-1 petition for athletes. An approved petition
for an individual athlete classified under section 101(a)(15)(P)(i)
of the Act shall be valid for a period up to 5 years. An approved
petition for an athletic team classified under section 101(a)(15)(P)(i)
of the Act shall be valid for a period of time determined by the
Director to complete the competition or event for which the alien
team is being admitted, not to exceed 1 year.
- P-1 petition for an entertainment group. An
approved petition for an entertainment group classified under
section 101(a)(15)(P)(i) of the Act shall be valid for a period of
time determined by the Director to be necessary to complete the
performance or event for which the group is being admitted, not to
exceed 1 year.
- P-2 and P-3 petitions for artists or
entertainers. An approved petition for an artist or entertainer
under section 101(a)(15)(P)(ii) or (iii) of the Act shall be valid
for a period of time determined by the Director to be necessary to
complete the event, activity, or performance for which the P-2 or
P-3 alien is admitted, not to exceed 1 year.
- Spouse and dependents. The spouse and unmarried
minor children of a P-1, P-2, or P-3 alien beneficiary are
entitled to P-4 nonimmigrant classification, subject to the same
period of admission and limitations as the alien beneficiary, if
they are accompanying or following to join the alien beneficiary
in the United States. Neither the spouse nor a child of the alien
beneficiary may accept employment unless he or she has been
granted employment authorization.
- Essential support aliens. Petitions for
essential support personnel to P-1, P-2, and P-3 aliens shall be
valid for a period of time determined by the Director to be
necessary to complete the event, activity, or performance for
which the P-1, P-2, or P-3 alien is admitted, not to exceed 1
year.
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Extension of stay |
- P-1 individual athlete. An extension of stay
for a P-1 individual athlete and his or her essential support
personnel may be authorized for a period up to 5 years for a total
period of stay not to exceed 10 years.
- Other P-1, P-2, and P-3 aliens. An extension of
stay may be authorized in increments of 1 year for P-1 athletic
teams, entertainment groups, aliens in reciprocal exchange
programs, aliens in culturally unique programs, and their
essential support personnel to continue or complete the same event
or activity for which they were admitted.
4/12/07
USCIS Announces Extension of Filing Time for Os and
Ps |
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