P-1B - MEMBER OF AN INTERNATIONALLY RECOGNIZED ENTERTAINMENT GROUP

 

The P-1B classification applies to you if you are coming to the United States temporarily to perform as a member of an entertainment group that has been recognized internationally as outstanding in the discipline for a sustained and substantial period of time.

 

ELIGIBILITY CRITERIA

 

At least 75 percent of the members of your group must have had a substantial and sustained relationship with the group for at least one year.

 

Your entertainment group must be internationally recognized, having a high level of achievement in a field evidenced by a degree of skill and recognition substantially above that ordinarily encountered. The reputation of the group, not the individual achievements of its members or the acclaim of a particular production, is essential.

 

Note: Individual entertainers not performing as part of a group are not eligible for this visa classification.

 

SPECIAL PROVISIONS FOR CERTAIN ENTERTAIN GROUPS

 

Alien circus performers and essential circus personnel are exempt the one year requirement and the internationally recognized requirement.   The alien or aliens must be coming to join a nationally recognized circus.  Certain nationally known entertainment groups may have the internationally recognized requirement waived if they can establish they have been recognized nationally as outstanding in its discipline for a sustained amount of time in consideration of special circumstances.  

 

APPLICATION PROCESS

 

Your U.S. employer must submit:

  • Form I-129, Petition for a Non-Immigrant Worker accompanied by the appropriate fee and supporting documentation.Please note that if you are a petitioner who will be filing as an agent for multiple employers you must establish that you are duly authorized to act as an agent.  .

  • A consultation from an appropriate labor organization regarding the nature of the work to be done or a statement proving that the group has been established and performing regularly for a period of at least one year (If no appropriate labor organization exists, this requirement is excused)

 

FAMILY OF P-1B VISA HOLDERS

 

Your spouse and unmarried children under the age of 21 may obtain P-4 status. Your dependents may not engage in employment, but may attend school or college.

 

ESSENTIAL SUPPORT PERSONNEL

 

Essential Support Personnel who are an integral part of the performance of a P-1 entertainer(s) and who perform support services which cannot be readily performed by a U.S. worker, are eligible for P-1 classification. Support personnel include front office personnel, camera operators, lighting technicians and stage personnel.

The U.S. employer must file a separate Form I-129 for support personnel. The petition must include the following documents:

  • A consultation from an appropriate labor organization

  • A statement describing the support person’s prior and current essentially, critical skills and experience with the P-1 entertainer(s) 

  • A copy of a written contract between the employer and the support person or a summary of the terms of the oral agreement under which the support person will be employed