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P-1B A Member of an Internationally Recognized Entertainment Group
Who qualifies for P-1B Visa?
The P-1B classification applies to you if you are coming to the United States temporarily to perform as a member of a foreign-based entertainment group that has been recognized internationally as outstanding in the discipline for a sustained and substantial period of time. At least 75 percent of the members of your group must have had a substantial relationship with the group for at least one year. This one year requirement does not apply to circus performers and essential circus personnel.
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.
What is the Application Process?
Your U.S. employer must submit:
- Form I-129, Petition for a Non-Immigrant Worker
- 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)
What Supporting Documents are needed?
Form I-129 must include the following documents:
- Written consultation from an appropriate labor organization
- Itinerary with the dates and locations of the performances
- Evidence that your group has been established and performing regularly for at least one year
- Statement from the petitioner listing each member of the group and the exact dates for which each member has been employed on a regular basis by the group
- Evidence that your group is internationally recognized as outstanding in the discipline for a sustained and substantial period of time as demonstrated by evidence of your group's receipt of, or nomination for, significant international awards or prizes for outstanding achievement in the field, or evidence of at least three of the following:
- Your group has performed and will perform as a starring or leading entertainment group in production or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications, contracts, or endorsements
- Your group has achieved international recognition and acclaim for outstanding achievement in its field as evidenced by reviews in major newspapers, trade journals, magazines or other published material
- Your group has performed and will perform services as a leading or starring group for organizations and establishments that have a distinguished reputation as evidenced by articles in newspapers, trade journals, publications, or testimonials
- Your group has a record of major commercial or critically acclaimed successes, as evidenced by indicators such as ratings, box office receipts, record, cassette or video sales, and other achievements as reported in trade journals, major newspapers or other publications
- Your group has received significant recognition for achievements from critics, organizations, government agencies or other recognized experts in the field
- Your group has commanded and will command a high salary or other substantial remuneration for services comparable to others similarly situated in the field, as evidenced by contracts or other reliable evidence
What is the Period of Stay/Extension of Stay?
- Initial Period of Stay: It is time needed to complete the event, competition or performance, not to exceed 1 year.
- Extension of Stay: Extension of stay can be granted in Increments of up to 1 year in order to continue or complete the event, competition or performance.
The Form I-129 is used to apply for a change of status, extension of stay, or change of employment.
Can P-1B visa holder Change employer?
You may change employers, but only after your new employer has filed a new Form I-129 with USCIS requesting permission to employ you and extend your stay. You may not commence employment with the new employer until the Form I-129 has been approved.
Can dependants of P-1B Visa Holders accompany P-1B visa holder to the United States?
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.