THE P-1B VISA LAWYER FOR ARTIST ENTREPRENEURS, CREATIVE PROFESSIONALS, AND ORGANIZATIONS OF INNOVATION
At our law firm our approach is simple: proven results coupled with a personalized customer experience. We believe every client should receive the best level of expert immigration advice, so all our P1B visa cases are only handled by experienced licensed attorneys, not paralegals. We provide fast and efficient P1B visa case preparation, and guided support every step of the way. We have a 100% approval rate for all P1B visa cases in the past 24 months, and provide answers to questions in less than 24 hours.
WHO WE SERVE
Our law firm specializes in immigration law with a distinct focus on individuals and organizations from the creative and artistic industries. Whether you are a creative professional in theatre, fashion, graphic design, multimedia arts, photography, music, dance, film, or more our firm is perfectly poised to handle all your immigration needs. Our Founding Partner is also an artist himself, so there is never any need to have to explain what you do because we already know.
If you are interested in living and working in the United States, we have the best immigration solution for you at an affordable price. Even if you do not qualify for the P-1B visa, our experience in a wide variety of other employment visas such as the H-1B, H-1B1, L, O1 / Artist visa, Q, as well as family based immigration means we can find the best solution for all your immigration needs.
If you are interested in living and working in the United States, we have the best immigration solution for you at an affordable price. Even if you do not qualify for the P-1B visa, our experience in a wide variety of other employment visas such as the H-1B, H-1B1, L, O1 / Artist visa, Q, as well as family based immigration means we can find the best solution for all your immigration needs.
P-1B A MEMBER OF AN INTERNATIONALLY RECOGNIZED ENTERTAINMENT GROUP REQUIREMENTS
You many be eligible for the P-1B visa 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. The P1B visa might be suitable for you if you do not qualify for the O-1B Extraordinary Ability Visa, because of a lack of experience but might have an established group that would be interested in working with you.
P1B Visa 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 Entertainment 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.
P1B Visa Application Process
Your U.S. employer must submit:
Supporting Documents
Form I-129 must include the following documents:
Once the P1B visa petition is approved, you can apply at a U.S. embassy or consulate.
P1B Visa 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 Entertainment 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.
P1B Visa 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. The required conditions can be found at the link to the right (see the memorandum “Requirements for Agents and Sponsors Filing as Petitioners for the O and P Visa Classifications”. - 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)
Supporting Documents
Form I-129 must include the following documents:
- Written consultation from an appropriate labor organization
- Itinerary with the dates and locations of the performances
- A copy of the contract between the petitioner and the P1B visa beneficiary or summary of terms of the oral agreement under which the beneficiary will be employed
- 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
Once the P1B visa petition is approved, you can apply at a U.S. embassy or consulate.
WHAT IS THE RELEVANT LAW BEHIND THE P-1B VISA?
The P1B visa for members of an internationally recognized entertainment group was laid out by Congress in section 101(a)(15)(P)(i)(b) of the Immigration and Nationality Act (INA). The statute requires that the P1B visa applicant have non-immigrant intent, meaning a foreign residence which they have no intention of abandoning.
Section 214(c)(4)(B)(i) of the INA defines an alien who would qualify for P1B visa status:
Section 214(c)(4)(B)(i) of the INA defines an alien who would qualify for P1B visa status:
- I. Performs with or is 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,
- II. In the case of a performer or entertainer, has had a sustained and substantial relationship with the group (ordinarily for at least one year) and provides functions integral to the performance of the group, and
- III. Seeks to enter the United States temporarily and solely for the purposes of performing as such a performer or entertainer or as an integral part of a performance.
WHO CAN BE MY P1B VISA PETITIONER?
A P1B visa petition for a member of an entertainment group must be filed by a U.S. employer, U.S. sponsoring organization, U.S. agent, or a foreign employer through a U.S. agent. This individual or organization is known as the "petitioner". A sponsoring organization may also act as petitioner if it is an established U.S. organization that will not directly employ the P1B visa beneficiary, but will assume responsibility for the petition.
When the P1B visa petitioner is a U.S. agent, he or she must be in business as an agent, submit a complete itinerary of services and engagements for the P1B visa beneficiary or beneficiaries, submit the contracts between the employer(s) and beneficiary or beneficiaries, and explain the terms and conditions of the employment.
In all cases, the P1B visa petitioner is required to submit written contracts (or if no contracts, oral agreements) with the beneficiary or beneficiaries and an explanation of the proposed activities that the beneficiary or beneficiaries will engage in while on P1B status.
When the P1B visa petitioner is a U.S. agent, he or she must be in business as an agent, submit a complete itinerary of services and engagements for the P1B visa beneficiary or beneficiaries, submit the contracts between the employer(s) and beneficiary or beneficiaries, and explain the terms and conditions of the employment.
In all cases, the P1B visa petitioner is required to submit written contracts (or if no contracts, oral agreements) with the beneficiary or beneficiaries and an explanation of the proposed activities that the beneficiary or beneficiaries will engage in while on P1B status.
WHAT INFORMATION SHOULD A P1B VISA CONTRACT CONTAIN?
When drafting a P1B visa contract between the P1B visa petitioner and the P1B visa beneficiary, you should include the name and address of the petitioner/employer, where the work will take place, the nature of the work, length and duration of the work, and how much compensation the beneficiary will receive. It is also good practice to include a termination clause in the event either party may want to terminate the contract. USCIS will accept email contracts as long as they include all the relevant terms and do not appear to be speculative. However, they definitely do have a preference for contracts as opposed to email agreements.
WHAT IS A P1B VISA CONSULTATION LETTER?
A P1B visa consultation letter is a letter from a labor organization that speaks to the qualifications of the group that the P1b visa is attempting to join. Depending on the type of work that the group does, the specific organization or peer group may differ. In order to get the consultation letter, you will need to send a copy of your immigration application to the labor organization or peer group in advance, pay them the appropriate fee, and wait for them to respond to you.
HOW DO I PROVE MY P1B VISA GROUP HAS BEEN ESTABLISHED AND PERFORMING FOR AT LEAST A YEAR?
In order to prove that your group has been established and performing for at least a year to qualify for the P1B visa, you should provide documents that go back at least a year that demonstrate activity of the group. For example, you may show the incorporation documents of the group, or press releases, events listings, reviews, or other forms of press in the past year that show the group has been active and performing. If you are unable to demonstrate that the group has been established and performing for at least a year, your P1B visa will be denied.
HOW DO I PROVE THAT MY P1B VISA GROUP IS CONSIDERED INTERNATIONALLY RECOGNIZED AS OUTSTANDING IN THE FIELD?
In order to prove that the group is considered internationally recognized or outstanding the field so as to successfully procure the P1B visa, USCIS has set forth 6 evidentiary criteria as mentioned above. If you can meet 3 out of 6 criteria, you will have proven that the group is considered internationally recognized as outstanding in the field. You do not have to meet all 6 criteria to apply but should provide as much detailed documentation in order to meet at least 3 and be qualified for the P1B visa.
HOW LONG IS THE P1B VISA VALID FOR?
The P1B visa is valid for the time needed to complete the event, competition or performance, not to exceed 1 year. You may extend the P1B visa in increments of up to 1 year in order to continue or complete the event, competition or performance.
WHAT HAPPENS IF I CHANGE MY P1B VISA EMPLOYER?
It is possible for you to change employers on the P1B visa, 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 P1B visa employer until the Form I-129 has been approved. However, if you employer terminates your employment, you fall out of P1B visa status immediately and must depart the United States. If you think you will fall out of P1B visa status or have already fallen out of P1B visa status, contact a P1B visa lawyer immediately to find out your options.
CAN MY SPOUSE AND CHILDREN ACCOMPANY ME ON MY P1B VISA?
If you are in the United States on the P1B visa, 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.
CAN I APPLY FOR A GREEN CARD WHILE ON THE P1B VISA?
Unfortunately the P1B visa is considered a non-immigrant intent visa. This means generally that you will not be allowed to filed for adjustment of status within the United States. However, certain exceptions do apply for those on the P1B visa seeking to adjust their status in the United States depending on specific certain circumstances. Consult with a P1B visa lawyer in order to see if you qualify for such exceptions.
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