The P-1 visa authorizes temporary employment of an entertainment group (and all essential members of the group) from a foreign country to enter the U.S. to perform for an entire season of performances or under a management contract. The visa can be extended for a total of 5 years and not to exceed 10 years. Increments of the visa are normally done in 1 year increments

The P-1 visa requires:

1. obtaining an advisory opinion from a labor organization (or submitting evidence that such an organization does not exist);
2. must have a U.S. agent or employer management company to support the petition (must have accompanying management contract);
3. must have a company letter in support of the P-petition;
4. approval by the BCIS of a P petition supported by the advisory opinion and supporting evidence;
5. issuance by a U.S. consulate of a P visa based on an approved petition.

Restrictions and Options:

1. Beneficiaries of a P-1 petition may only work for the entertainment group and at related events.
2. Family members of P-1 beneficiaries (spouses and unmarried children under 21) are eligible for P-4 status.
3. Permanent Residence is an option after P-1 approval

P-1 Entertainment Groups:

1. The group must have been internationally recognized as outstanding in the discipline for a sustained and substantial period of time.
2. 75% of the members of the group must have had a sustained and substantial relationship with the group for at least one year and must provide functions integral to the group's performance. (evidence must be submitted).

The P-1 category is set aside for:
"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."

International recognition for an entertainment group means:

1. The group's nomination or receipt of significant international awards or prizes for outstanding achievement in its field, or;
2. By three of the following types of documentation:
   1. Achieved international recognition and acclaim for outstanding achievements in its field as evidenced by reviews in major newspapers, trade journals, magazines, or other published materials;
   2. A record of major commercial or critically acclaimed success (as evidenced by such indicators as ratings, standing in the field, box office receipts, record cassette or video sales or other achievements in the field as reported in newspapers, trade journals, magazines, or other published materials;
   3. Achieved significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field (such testimony must clearly indicate the author's authority, expertise, and knowledge of the alien's achievements).
   4. Commanded or now commands a high salary or other substantial renumeration for services comparable to others similarly situated in the field (as evidenced by contracts or other reliable evidence)[Salary is not an absolute necessity]

Exception to the International Recognition Requirement:
The 1991 Amendments provide that the BCIS may waive the international recognition requirement in the case of an entertainment group which has been recognized nationally as being outstanding for a sustained and substantial period of time in consideration of special circumstances such as when an entertainment group cannot demonstrate international recognition because of limited access to news, media, or consequences of geography.

Exception and Establishing the Nonexistence of an Appropriate Consulting Entity:
An advisory opinion is not required if the petitioner establishes that an appropriate consulting entity does not exist. The petitioner's statements will be the evidence of nonexistence, and in such cases the petitioner should detail its failed attempts to locate an appropriate consulting entity. Common sense dictates whether the evidence submitted establishes the nonexistence of the labor organization.

Premium Processing
The INC has a business service called Premium Processing where the INS responds within 15 working days from the date of the receipt of the application. There is $1,000 INS filing fee for the service. This fee is an addition to other applicable filing fees that the applicant must pay. Premium processing in a P petition will allow the BCIS to consult and receive an advisory opinion directly without having to submit one.

Approval of the Visa
The INS issues an approval notice as evidence of the employee's passport for travel out of and return to the U.S. This application is done at the U.S. Consulate outside the United States and is referred to as visa consular processing. The employees and dependents must have P-1 visas in their passports for travel back to the U.S. This application is made at U.S. Consulates and is referred to as visa consular processing.

P-1 Nonimmigrant Visa Document List
Employees/ Members

1. Resume (with detailed description of job duties and dates of employment)
   (Nombres completes de todos los miembros, direcciones de domicilio, fechas de nacimiento, cuanto tiempo con el grupo, historia del grupo, etc.)
2. Beneficiary's experience letter (title, dates of employment and qualifications)
   (Experiencia en el area musical de los miembros, si existen)
3. Beneficiary's diplomas, degrees, and certificates
   (Reconocimientos musicales de los miembros, o educacion de cada uno)
4. Evidence of Beneficiary's status (visas, I-94, approval notices, passport)
   (Pasaportes y visas de todos, si los tienen - el pasaporte es requirido para todos)
5. Dependent's (Children and Wife) information (date of birth, country of birth, relationship, current address)
   (informacion de todos los familiares inmediatos de los miembros del grupo - esposa y hijos)

U.S. Company

1. Certificate of Incorporation and Articles of Incorporation
2. Stock certificates (showing total ownership of the company)
3. Business registration, business license, business permits, DBA's
4. Organizational Charts
5. Company information (history, facilities, products, number of employees, clients)
6. Employee list of all employees (Name and Position)
7. Commercial lease or plant facilities, location,
8. Brochures, catalogs, promotional and product literature, and advertisements, photographs, etc.
9. Invoices, contracts, bill of lading, and other business documentation
10. Corporate tax returns (IRS 1120, IRS 941, TWC C-3)(last 3 years)
11. Financial statements (balance sheet, income statement, asset & deficit, payroll)
12. Bank account statements (last 2 years or 1 year if possible)
13. Wire transfers; certified checks and other evidence of capitalization in the U.S.

Foreign Company

1. Certificate of Incorporation and Articles of Incorporation
   (Articulos de Incorporacion, Estatutos de la empresa)
   
   
2. Business registration, business license, business
   (Permisos de operacion, con el estado, etc.)
   
   
3. Organizational Charts
   (Organigrama de la empresa)(Una lista de empleados y miembros del grupo y su posición en la banda)
   
   
4. Company information
   (historia del grupo, fotos del grupo, brochures, folders CD's, DVD's, Reconocimientos por el gobierno, de escuelas, etc.)
   
   
5. Commercial lease
   (Contrato de arrendamiento de sus oficinas, muestras de contratos con clientes)
   
   
6. Brochures, catalogs, promotional and product literature, and advertisements
   (Brochures de la banda, fotos del grupo, anuncios en el periódico, reconocimientos en el periódico o revistas)
   
   
7. Invoices, contracts, bill of lading, and other business documentation
   (Contratos con clientes, cobranzas, recibos de compras de equipo, recibos de pago, etc.)
   
   
8. Corporate tax returns
   (Declaraciones con Hacienda los ultimos 3 Anos)
   
   
9. Financial statements (balance sheet, income statement, asset & deficit, payroll)
   (Estados financieros del grupo, etc.)
   
   
10. Bank account statements
    (Recibos de Cuentas de banco por lo minimo los ultimos 6 meses a 1 ano)

Serna & Associates, PLLC. assists U.S. companies with the P-1 process. To meet with one of our attorneys, please contact us.