P-1 Regulations for exceptional athletes

P1 Visa regulations for athletes

Form I-129, Petition for a Nonimmigrant Worker, to classify the beneficiary as an athlete under section 101(a)(15)(P)(i)(a) of the Immigration and Nationality Act (Act).

Section 214(c)(4)(A) of the Act states that for section 101(a)(15)(P)(i)(a), an alien is described in this subparagraph if the alien:

  1. (i) Performs as an athlete, individually or as part of a group or team, at an internationally recognized level of performance;

  2. (ii) Is a professional athlete, as defined in section 204(i)(2);

  3. (iii) Performs as an athlete, or as a coach, as part of a team or franchise that is located in the United States and a member of a foreign league or association of 15 or more amateur sports teams, if--

    • (aa) the foreign league or association is the highest level of amateur performance of that sport in the relevant foreign country;

    • (bb) participation in such league or association renders players ineligible, whether on a temporary or permanent basis, to earn a scholarship in, or participate in, that sport at a college or university in the United States under the rules of the National Collegiate Athletic Association; and

    • (cc) a significant number of the individuals who play in such league or association are drafted by a major sports league or a minor league affiliate of such a sports league; or

  4. (iv) Is a professional athlete or amateur athlete who performs individually or as part of a group in a theatrical ice skating production; and

  • (ii) seeks to enter the United States temporarily and solely to perform.

  • (I) as such an athlete with respect to a specific athletic competition.

  • In the case of an individual described in clause (i)(IV) in a specific theatrical ice skating production or tour.

Title 8 Code of Federal Regulations (8 CFR), section 214.2(p)(1)(ii)(A) states:

A P-1 classification applies to an alien who is coming temporarily to the United States:

  1. To perform at a specific athletic competition as an athlete, individually or as part of a group or team, at an internationally recognized level of performance.

  2. To perform with, or as 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 and who 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.

Further, 8 CFR section 214.2(p)(2)(ii) states:

Evidence is required to accompany a petition for a P nonimmigrant. Petitions for P nonimmigrant aliens shall be accompanied by the following:

  1. The evidence specified in the specific section of this part for the classification.

  2. Copies of any written contracts between the petitioner and the alien beneficiary or, if there is no written contract, a summary of the terms of the oral agreement under which the alien(s) will be employed.

  3. An explanation of the nature of the events or activities, the beginning and end dates for the events or activities, and a copy of any itinerary for the events or activities.

  4. A written consultation from a labor organization.

Lastly, 8 CFR section 214.2(p)(4)(ii)(A) states:

General. A P-1 athlete must have an internationally recognized reputation as an international athlete, or they must be a member of an internationally recognized foreign team. The athlete or team must be coming to the United States to participate in an athletic competition with a distinguished reputation, which requires the participation of an athlete or athletic team with an international reputation.

8 CFR 214.2(p)(4)(ii) states:

Criteria and documentary requirements for P-1 athletes:

  • General. A P-1 athlete must have an internationally recognized reputation as an international athlete, or they must be a member of an internationally recognized foreign team. The athlete or team must be coming to the United States to participate in an athletic competition with a distinguished reputation and which requires participation of an athlete or athletic team with an international reputation.

  • Evidentiary requirements for an internationally recognized athlete or athletic team. A petition for an athletic team must be accompanied by evidence that the team as a unit has achieved international recognition in the sport. Each member of the team is accorded P-1 classification based on the International reputation of the team. A petition for an athlete who will compete individually or as a member of a U.S. team must be accompanied by evidence that the athlete has achieved international recognition in the sport based on their reputation.

A petition for a P-1 athlete or athletic team shall include the following:

  1. A tendered contract with a major United States sports league or team, or a tendered contract in an individual sport commensurate with international recognition in that sport, if such contracts are normally executed in the sport.

  2. Documentation of at least two of the following:

    i. Evidence of having participated to a significant extent in a prior season with a major United States sports league;

    ii. Evidence of having participated in international competition with a national team.

    iii. Evidence of having participated to a significant extent in a prior season for a U.S. college or university in intercollegiate competition.

    iv. A written statement from an official of a major U.S. sports league or an official of the governing body of the sport which details how the alien or team is internationally recognized.

    v. A written statement from a member of the sports media or a recognized expert in the sport which details how the alien or team is internationally recognized.

    vi. Evidence that the individual or team is ranked if the sport has international rankings.

    vii. Evidence that the alien or team has received a significant honor or award in the sport.