After reading the P1A visa overview and gaining a general idea of what a P1A visa petition is, the next step is to learn about what a P1A visa worker would need to provide as evidence to prove that they are qualified for a P1A work visa.
The article below provides a brief overview of what the P1A visa requirements are looking for and what documents are usually submitted for each requirement.
Table of Contents
There are 5 main types of workers under the P1A visa and they each require different qualifications and documents.
Internationally-Recognized Individual Athletes or Teams
Internationally recognized athletes or teams under the P1A visa petition must show that (1) the person or the team is known on an international level and (2) that the person will continue to work in the same area of expertise after entering the United States.
Professional Athletes
Professional athletes who are employed by a team in the United States under the P1A visa petition must show that either (1) the team in the United States is a member of a qualified association or (2) it is under a minor league team that is affiliated with a qualified association, and (3) that the person will continue to work in the same area of expertise after entering the United States.
A qualified association under the P1A visa petition must (1) have at least 6 professional sports teams, (2) has a combined revenue of over $10 million dollars each year, and (3) the association has the power to govern its member’s conducts, and regulate contests and exhibitions that their teams regularly attend.
Amateur Athletes or Coaches
Amateur athletes or coaches who are part of a team or franchise in the United States under the P1A visa petition must show that (1) the person is a member of a qualified foreign league or association, (2) the person’s membership in the foreign league or association disqualifies them to earn a scholarship or to participate in that sport at a U.S. university or college under the National Collegiate Athletic Association rules, and (3) the person will continue to work in the same area of expertise after entering the United States.
A qualified foreign league or association under the P1A visa petition must (1) have at least 15 amateur sports teams, (2) its member sport teams operate at the highest level of amateur performance of that sport in its foreign country, and that (3) a large number of players in the foreign league or association gets drafted by major or minor sports leagues.
Theatrical Ice Skaters
Theatrical ice-skating performers under the P1A visa petition must show that (1) their work in the United States will be performing in a theatrical ice-skating production or tour, and (2) that the person will continue to work in the same area of expertise after entering the United States.
The following sections consist of a brief summary on each requirement and the documents that are generally used as evidence to satisfy that requirement.
After entering the United States, the person will continue to work temporarily in the same area of expertise that was used as the basis to apply for the P1A visa
The P1A work visa petition requires the person to prove that they will continue to work temporarily in the same area of expertise that was used as the basis to apply for the P1A visa after entering the United States with their approved visa.
P1A Visa Sponsoring Employer (or Agent)
The P1A work visa petition requires the foreign worker to be sponsored by a U.S. employer (or agent), which means that only the U.S. employer (or agent) can initiate and pay for a P1A visa. A P1A sponsoring employer (or agent) can be an (a) U.S. employer, (b) U.S. agent, or (c) foreign employer through a U.S. agent. The sponsoring employer (or agent) should have a (FEIN) federal employer identification number. A foreign employer here can be the foreign person themselves if they are self-employed.
Contracts
A contract between the sponsoring employer (or agent) and the foreign P1A visa worker must be provided. The content must include the terms and conditions of the P1A visa worker’s employment, the specific wage offered, and details of any additional services provided. Offers of employment are not enough to satisfy the standards here. Evidence required can include:
- A copy of the written contract. (recommended)
- A summary of the terms of the oral agreement.
When the P1A visa sponsoring person (or entity) is a U.S. agent that is performing the function of an employer, the additional evidence required are:
- A written contract with the P1A visa worker that includes the wage, employment terms, and details on additional services.
- An itinerary that includes definite employment and information on any other services planned.
When the sponsoring person (or entity) is a U.S. agent that is representing both the P1A visa worker and one or more employers, the additional evidence required are:
- Documents that show the sponsoring U.S. agent is authorized to act as an agent for the P1A worker and all the other entities that the P1A visa worker is contracted to perform services for.
- The contracts between the P1A visa worker and all the other entities that the P1A visa worker will perform services for should include an explanation of the terms and conditions of employment.
- An itinerary that shows the specific dates of the services or engagements, the names and addresses of the contracted entities, and the name and addresses of the establishments, venues, or locations where the services are performed.
When the P1A visa sponsoring person (or entity) is a U.S. agent that is filing on behalf of a foreign employer, the additional evidence required are:
- Documents that show the P1A visa sponsoring U.S. agent is authorized to file this petition and accept service of process on behalf of the foreign employer.
- Copies of any written contracts (or summary of the terms of the oral agreement) between the P1A visa worker and the foreign employer.
Itinerary and Nature of the event
An itinerary and an explanation of the competition, event, or performance that the P1A visa worker will be participating in must be provided. Activities such as promotional appearances, short vacations, stopovers that are incidental or related to the main competition, event, or performance of the P1A visa can be included. The P1A visa worker’s service must be for already planned specific events and not for freelance work or potential engagements. Evidence required can include:
- Itinerary that shows the dates, name(s) of the employer(s) or sponsor(s), and the location of the competitions, events, or performances.
- An explanation of the nature of the event or activities.
- The start and end dates of the event or activities.
Consultation (Written Advisory Opinion)
A written advisory opinion on the P1A visa worker’s qualifications and the nature of the work must be provided. The written advisory opinion must come from the appropriate U.S. labor organization in the P1A visa worker’s field of expertise. The content must include information about the P1A visa worker’s ability and their achievements in the field, a statement that the P1A visa worker is recognized internationally due to their achievements, the nature of the duties that will be performed in the United States, and verification that the services to be performed in the United States are appropriate for an internationally recognized athlete in that field. Evidence required can include:
- Written advisory opinion (that includes the content required and is signed by an authorized official from the organization or group).
- Letter of no objection (when the consulting organization has no objection of the P1A visa petition being approved).
The consultation requirement can be waived if there is no appropriate labor organization for the field of expertise or when the case needs to be handled expeditiously.
*Foreign major league baseball players should not need an advisory opinion because the statement that “all foreign baseball players who have signed a major league contract have established their O1 or P1 visa eligibility” from the Major League Baseball Players Association (MLBPA) has already been provided to the USCIS.
The person or team has the ability to meet the qualification requirements of the P1A visa listed below:
There are 5 main types of workers under the P1A visa and they each require different qualifications and documents.
The P1A athlete must show that they are individually well-known on an international level or that they are a part of an internationally well-known sports team or group
The P1A athlete must show that they are individually recognized on an international level or that they are a part of an internationally recognized athletic team or group. Evidence should include:
- Tendered contract with a major U.S. sports league or team, or in an individual sport commensurate with international recognition in the sport if such contracts are common practice within the industry
- At least 2 documents from the following list of evidence:
- Documents that show the P1A athlete participated significantly in a prior season with a major U.S. sports league
- Documents that show the P1A athlete participated in an international competition with a national team
- Documents that show the P1A athlete participated significantly in a prior season for a U.S. college or university in intercollegiate competition
- Written statement from an official of the governing body of the sport describing how the P1A athlete or team is internationally recognized
- Written statement from a recognized expert in the sport or from the sports media showing the P1A athlete or team is internationally recognized
- Documents that show the international rankings of the P1A athlete or team
- Documents that show major honors or awards that the P1A athlete or team has received in the sport
The individual P1A professional athlete who is employed by a team in the United States must show that (1) the team in the United States is a member of an association that has at least 6 professional sports teams, (2) the association has a combined revenue of over $10 million each year, and (3) the association governs its members conducts and regulate contests and exhibitions the teams regularly attend, OR (4) it is a minor league team that is affiliated with a qualified association
Evidence that shows the P1A athletic team in the United States is a member of an association that has at least 6 professional sports teams can include but is not limited to:
- Contracts, agreements, or other documents that show the team is a member of the league or association
- Letter from the league or association verifying the team’s membership
- List of approved participating teams issued by the league or association
- Marketing and promotional material issued by the league or association showing its member teams
- Articles, reviews, or other documents from well-known sports media outlets or sports media personnel showing the team as a member of qualified leagues or associations
Evidence that shows the P1A association’s teams have a combined revenue of over $10 million each year can include but is not limited to:
- Tax documents
- Audited financial documents
- Articles or reports in reputable media outlets that show specific revenues of the teams in the league or association
Evidence that shows the P1A association governs its member’s conduct and regulate contests and exhibitions the teams regularly attend can include but is not limited to:
- Rules and bylaws of the leagues or associations
- Articles or reports from reputable media outlets that specifically show the actions that are taken by the league or association in regulating contests and exhibitions
- Written statements from officials of the league or association (who have knowledge and authority) verifying the manner and extent of control the league or association has in regulating contests and exhibitions
If the P1A work is under a minor league team that is affiliated with a qualified association, the evidence that can show the qualified relationship can include but is not limited to:
- Contracts or agreements that show affiliation with qualified league or association
- Written statements from league or association officials verifying the team’s affiliation
- Marketing and promotional material from the league or association showing the minor league team’s affiliation
- Articles, reviews, or other documents from well-known sports media outlets or sports media personnel showing the team is affiliated with a qualified league or association
- Other documents showing that the team is affiliated with a qualified league or association
The amateur P1A athlete or coach who is a part of a team or franchise in the United States must show that they are a member of a qualified foreign league or association that (1) has at least 15 amateur sports team and (2) its member sport teams are operating at the highest level of amateur performance of that sport in its foreign country.
Evidence that shows the amateur P1A athlete or coach who is a part of a team or franchise in the United States is also a member of a qualified foreign league or association that has at least 15 amateur sports teams which operates at the highest level of amateur performance of that sport in its foreign country can include but is not limited to:
- Reviews, articles, and reports from reputable sports media outlets showing the foreign league or association’s level of performance
- Contracts, rules, by-laws, and other documents from the foreign league or associations that show the member team’s level of performance
- Documents that show a large number of players in the foreign league or association gets drafted by major or minor sports leagues
- Documents that show being a member of the qualified foreign league or association disqualifies the P1A visa worker to earn a scholarship or to participate in that sport at a U.S. university or college under the National Collegiate Athletic Association rules
The P1A ice-skater must show that they will be performing (individually or as part of a group) in a theatrical ice-skating production or tour in the United States
Evidence that shows the ice-skater will be performing (individually or as part of a group) in a theatrical ice-skating production or tour in the United States can include but is not limited to:
- Reviews, critiques, and descriptions of the theatrical performance in reputable journals, newspapers, and other sports media or entertainment outlets
- Documents that show the P1A visa worker’s prior achievements and awards
- Itinerary or schedule for the performances
The overall emphasis on the documents and requirements/criteria of a P1A visa petition is a caliber at an international level must be shown. The P1A visa worker should already be considered well-known and accomplished in their professional career.
The requirements for a P1A visa petition are extensive and while ticking the boxes of requirements sounds simple enough, figuring out what items should be included and strategizing how the petition is presented is not. It is common practice and strongly encouraged to obtain an attorney for employment-based nonimmigrant visa petitions.
The O1A visa for athletes with extraordinary ability would be the closest alternative to the P1A visa for foreign athletes. The biggest difference between the O1A visa and the P1A visa for foreign athletes would be that the O1A visa allows the athlete to do more types of work during the same period of time as opposed to the P1A visa which only allows the athlete to do work that is related to specific competitions. For example, an athlete under the O1A visa may be able to compete as a player, coach, book write at the same time whereas an athlete under the P1A visa is only allowed to train and compete as a player in a specific athletic competition in the United States.
Another difference between the O1A visa and the P1A visa is that the O1A visa allows an initial period of stay for up to 3 years with no set maximum total amount of years that the person can stay on the O1A visa (however it is restricted on how long the initial event requires to be completed), whereas the P1A visa allows the internationally recognized athlete an initial period of stay for up to 5 years but with a maximum total amount of 10 years that the internationally recognized athlete can stay on the P1A visa (or 1 year for other types of P1A athletes).
The other alternative to filing a P1A visa petition would be to file for a green card petition which is a permanent immigrant visa and not a temporary work visa like the O1A visa. Typically, a person who is qualifiable for an O1A visa would choose to file for an EB1a green card due to the similarities of the standards and requirements between the two visas. For more on green cards gained through work, please read the overview for employment-based green cards.
If you have a P1A work visa (Internationally-Recognized Athletes, Professional or Amateur Athletes, Amateur Coaches, Performing Ice-skaters) immigration question, please fill out our contact us form or send us an email with some basic information about your background and your immigration needs. We will do our best to respond within 48 hours.
How we can help?
Kylie Huang Law’s immigration attorney will help identify whether the P1A visa is the appropriate nonimmigrant visa category for the client’s (or the client’s beneficiary’s) professional background and if there are other visa options for the client (or the client’s beneficiary). We will work closely with our client to prepare a convincing case for their (or it’s) P1A visa petition and we will also strategize on how the P1A visa petition should be presented to achieve the best chances of approval. It is strongly advised and common practice to retain an immigration attorney for a P1A work visa petition due to the complexities in the immigration process and visa requirements.
What does the typical process look like to retain (hire) us?
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- Fill out the form (with some basic information on what your immigration needs are)
- Sign up and log into the client portal to schedule an appointment online
- Attend scheduled appointment (typically a phone call or zoom meeting)
- Retainment (signing a contract to hire us)
- Start processing case
- Gathering required documents
- Preparing paperwork
- Confirming contents of documents that will be submitted
- Filing the case
- Following up on the status of the case
- Close the case when a final determination is issued
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- Fill out the form (on what your immigration needs are)
- Sign up and log into the client portal to schedule an appointment
- Attend scheduled appointment (typically a phone call or zoom)
- Retainment (signing a contract to hire us)
- Start processing case
- Gathering required documents
- Preparing paperwork
- Confirming contents of documents that will be submitted
- Filing the case
- Following up on the status of the case
- Close the case when a final determination is issued
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- Fill out the form (on what your immigration needs are)
- Sign up and log into the client portal to schedule appointment
- Attend scheduled appointment (typically a phone call or zoom)
- Retainment (hire us)
- Start processing case
- Gathering required documents
- Preparing paperwork
- Confirming content of documents that will be submitted
- Filing the case
- Following up on the case status
- Close the case when a final determination is issued
RELATED ARTICLES
- P1A Visa Checklist (Athlete)
- P1A Visa (Internationally Recognized Athlete)
- P visa Overview (Athlete & Entertainer)
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- P1B Visa Requirement & Documents
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- O Visa Overview (Extraordinary Ability / Achievement)
- O1A Visa (Extraordinary Ability in Science, Education, Business, Athletics)
- O-1B Visa (Extraordinary Ability in Arts & Extraordinary Achievements in Motion Pictures or Television)
- O2 Visa (Essential Support Personnel)
- H Visa Overview
- H1B Visa (Specialty Occupations)
- L Visa Overview (Intra-company Transferee)
- R1 Visa (Religious Worker)
- E Visa Overview (Treaty Trader & Investor)
- TN Visa (NAFTA Professionals)
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