Athletes, Entertainers, and Outstanding Ability

O1, Individuals with Extraordinary Ability or Achievement

An alien may be admitted if he/she “has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim or, with regard to motion picture and television productions a demonstrated record of extraordinary achievement, and whose achievements have been recognized in the field through extensive documentation, and seeks to enter the United States to continue work in the area of extraordinary ability.”

The O1 visa includes two different categories:

  1. An individual alien who has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and who is coming temporarily to the United States to continue work in the area of extraordinary ability; or
  2. An alien who has a demonstrated record of extraordinary achievement in motion picture and/or television productions and who is coming temporarily to the United States to continue work in the area of extraordinary achievement.

If you need help determining if you qualify for a O1 Visa, contact Chammas Jurado | The Immigration Attorneys today. We have a vast amount of experience in immigration law and we provide advanced and comprehensive support on all immigration issues.

EB1, Extraordinary Abilities

EB-1 visas are reserved for immigrants who are among the most capable and accomplished in their professional fields within the arts, sciences, education, business, and sports. EB-1 Visas are immigrant visas, meaning that recipients will be allowed to stay in the United States permanently. The most notable advantage for those who qualify for an EB-1 petition is the lack of requirement of a labor certification requirement. Also, the EB-1 visa category is generaly always current, which means that an individual will not have to wait for visa numbers to become available before applying for adjustment of status and receiving a green card.

EB-1 Visas Are Divided Into Three Subgroups:

  • EB-1A: Individuals of Extraordinary Ability
  • EB-1B: Outstanding Researchers/Outstanding Professors
  • EB-1C: Managers and Executive Transferees

EB-1A: Individuals of Extraordinary Ability

The EB-1A classification applies to aliens who have distinguished themselves professionally in their fields of work or study. EB-1A visa candidates do not have to secure sponsorship from an employer because EB-1A petitions require neither a job offer nor a labor certification.

The required qualifications are as follows:

  1. They are able to demonstrate “extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim,” AND
  2. This extraordinary ability is well-supported through “extensive documentation.”

In the absence of such a rare honor, applicants can still demonstrate their extraordinary abilities, supported by extensive documentation, by meeting any three of the following 10 criteria:

  1. Evidence of lesser nationally or internationally recognized prizes or awards for excellence.
  2. Evidence of membership in associations in the field that demand outstanding achievement of their members.
  3. Evidence of published material about the applicant in professional or major trade publications or other major media.
  4. Evidence of participation by the alien as a judge, either individually or on a panel, of others’ work.
  5. Evidence of original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field.
  6. Evidence of authorship of scholarly articles in professional journals or major trade publications or other major media.
  7. Evidence of work that has been displayed at artistic exhibitions or showcases.
  8. Evidence of having taken on a leading or critical role in distinguished organizations.
  9. Evidence that the applicant commands a high salary or other significantly high remuneration relative to others in the same field.
  10. Evidence of commercial success in the performing arts, as shown by either box office receipts or cassette, compact disc, video, or DVD sales.

Also: applicants must prove that they will continue to pursue work in the United States in the field in which they have demonstrated extraordinary abilities. A strong applicant will also show that their work is of substantial and prospective benefit to United States national interests.

Visa Process

The EB-1A Visa process is lengthy, very time consuming and requires specific knowledge and experience. If the EB-1A Visa is not the appropriate route for you, there may be other options. Consulting with an experienced EB-1A Visa Attorney at Chammas Jurado PC will make the EB-1A Visa Process easier and less time consuming for you. Contact Chammas Jurado | The Immigration Attorneys for a free consultation.

EB-1B: Outstanding Researchers/Outstanding Professors

The EB-1B Visa classification applies to individuals who are internationally recognized as exceptional in a particular scientific or scholarly field. EB-1B visas are employer-sponsored visas; in other words, an employer must petition on behalf of an alien. The Employer must demonstrate that the individual has secured a permanent job offer with the employer and that the alien will continue his or her demonstrably “outstanding” abilities as a researcher or professor in that capacity. Individuals living within the United States or outside of the United States may apply for EB-1B Visas.

The required qualifications are as follows:

  1. That the Individual has been internationally recognized for outstanding achievements in a particular academic field.
  2. That the individual At least three years of relevant research or teaching experience in that particular academic field.
  3. A job offer for a permanent research position or a tenured or tenure-track teaching position from the sponsoring employer.

Visa Process

As previously stated, EB-1B petitions do not require a labor certification. Nevertheless, the EB-1B Visa process is lengthy, very time consuming and requires specific knowledge and experience. If the EB-1B Visa is not the appropriate route for you, there may be other options. Consulting with an experienced EB-1B Visa Attorney at Chammas Jurado PC will make the EB-1B Visa Process easier and less time consuming for you. Contact Chammas Jurado | The Immigration Attorneys for a free consultation.

EB-1C: Managers and Executive Transferees

EB-1C Visas provide a route for small or new foreign companies to expand their businesses to the United States. The advantage to smaller companies is that the EB-1C Visa allows for the transfer of highly knowledgeable managers or executives who have extensive knowledge of the company’s operations. The intention is to help ensure that starting a new U.S. branch of a company is easy, methodical, and according to the specifications of the company.

The required qualifications are as follows:

Employer Qualifications

  • The employing company must have a qualifying relationship with a foreign company (parent, subsidiary, affiliate, etc.)
  • The employing company must conduct business in the United States and in one other country. The business may be done directly or through a subsidiary.
  • The company must exist for at least one year in the United States.

Employee Qualifications

The manager or executive must have been employed outside the United States with the related foreign company for 1 year in the preceding 3 years. The employment must have been in a managerial or executive capacity.

Managers must prove that they:

  • Manage a function or a department of the organization.
  • Supervise the work of others as well as hire and fire subordinates.
  • Are able to control the daily activities and salaries of employees

Executives must they:

  • Are able to direct managers in your organization
  • Make far-reaching decisions without substantial supervision
  • Establish large-scale goals and policies

Visa Process

The EB-1C Visa process is lengthy, very time consuming and requires specific knowledge and experience. If the EB-1C Visa is not the appropriate route for you, there may be other options. Consulting with an experienced EB-1C Visa Attorney at Chammas Jurado PC will make the EB-1C Visa Process easier and less time consuming for you. Contact Chammas Jurado | The Immigration Attorneys for a free consultation.

P-1A, Internationally Recognized Athlete

The P-1A visa is for individual athletes or sports teams who are coming to the United States to temporarily perform in an athletic competition at an internationally recognized event or league.

Individual Athletes

Individual athletes must prove that they are seeking admission into the United States to participate in an event/competition in which the athlete has been internationally recognized due to a high level of achievement. This can be proved by evidence that the athlete has achieved a high degree of skill and recognition that is beyond what is generally encountered in other athletes in the same sport: in other words, that the athlete’s achievement in the sport has been leading, renown, and very well recognized in more than one country.

Sports Teams

Sports teams must prove that they are seeking admission into the United States to participate in an event/competition and that the sports team has been internationally recognized in the sport. The Sports team must also prove that the event is distinguished and that the competition necessitates the participation of Sports teams with international notoriety, achievement, or recognition.

Support Staff (Coaches, Trainers, Scouts, Team Officials)

The support staff of P-1 visa recipients can also obtain a P visa if they are highly skilled essential support staff and are an integral part of the successful performance of a P1-Visa worker. Support staff must perform support services that cannot be readily performed by a United States worker. Support staff must have relevant qualifications and specific knowledge to perform the required services. They must also have a history in providing support to the P-1 Visa worker.

Family of P-1 Visa Recipients

The spouse and unmarried minor children of a P1-Visa Recipient are entitled to a P4- Visa.  P-4 Visas are subject to the same period of admission and limitations as provided in the principle P-1 Visa. Neither the spouse nor a child of the alien beneficiary may accept employment unless he or she has been granted employment authorization in the United States.

Every Athlete and Sports Teams Needs a U.S. Based Petitioner

The petitioner for a Foreign Athlete or Sports Team must be a United States Employer, a United States Sponsoring Organization, or a United States Agent. In other words, a “Foreign Employer” is not able to petition to for a Foreign Athlete or Foreign Sports Team unless the Foreign Employer files a petition through a United States Agent. “Foreign Employers” are those that are not subject to service of process in the United States.

Visa Process

The P-1 Visa process is lengthy, very time consuming and requires specific knowledge and experience. If a P-1 Visa is not the appropriate route for a Foreign Athlete or Foreign Sports Team, there may be other options. Consulting with an experienced P1-Visa Attorney at Chammas Jurado PC will make the P-1 Visa Process easier and less time consuming for the Foreign Athlete, the Foreign Sports Team, or the Petitioner. Since the P-1 Visas process is lengthy in nature, Please contact Chammas Jurado PC promptly after learning of the potential need for a P-1A Visa.

P-1B, A Member of an Internationally Recognized Entertainment Group

The P-1B Visa is for Internationally Recognized Entertainment Groups who are coming to the United States to perform on a temporary basis.

Group’s Qualifications

The group must prove that it is internationally recognized and that it has achieved a high level of notoriety and skill in its specific discipline above that generally found in other groups of the same discipline. An Entertainment Group is defined as consisting of two or more persons who function as a unit. A solo artist who generally performs with the same musicians or back-up singers, could be considered an entertainment group. The application will be adjudicated using the reputation of the group, not the achievements or reputation of any specific member of the group. The group must prove that at least 75 percent of the members of the group have had a substantial relationship with the group for at least one year.

Support Staff

The support staff of P-1 visa recipients can also obtain a P-1 Visa if they are highly skilled essential support staff and are an integral part of the successful performance of a P1-Visa worker. Support staff must perform support services that cannot be readily performed by a United States worker. Support staff must have relevant qualifications and specific knowledge to perform the required services. They must also have a history in providing support to the P-1 Visa worker.

Family of P-1 Visa Recipients

The spouse and unmarried minor children of a P1-Visa Recipient are entitled to a P4- Visa.  P-4 Visas are subject to the same period of admission and limitations as provided in the principle P-1 Visa. Neither the spouse nor a child of the alien beneficiary may accept employment unless he or she has been granted employment authorization in the United States.

Foreign Entertainment Group Needs a U.S. Based Petitioner

The petitioner for a Foreign Entertainment Group must be a United States Employer, a United States Sponsoring Organization, or a United States Agent. In other words, a “Foreign Employer” is not able to petition to for a Foreign Entertainment Group unless the Foreign Employer files a petition through a United States Agent. “Foreign Employers” are those that are not subject to service of process in the United States.

Visa Process

The P-1 Visa process is lengthy, very time consuming and requires specific knowledge and experience. If a P-1 Visa is not the appropriate route for a Foreign Entertainment Group, there may be other options. Consulting with an experienced P1-Visa Attorney at Chammas Jurado PC will make the P-1 Visa Process easier and less time consuming for the Foreign Athlete, the Foreign Sports Team, or the Petitioner. Since the P-1 Visas process is lengthy in nature, Please contact Chammas Jurado PC promptly after learning of the potential need for a P-1A Visa.

P2, Individual Performer or Part of a Group Entering to Perform Under a Reciprocal Exchange Program

The P2 visa is issued by the United States for artists and entertainers who wish to participate in government permitted programs in the US. It is a temporary work visa for non-immigrants who have come to perform in the US through government reciprocal program between the organization in their own country and the US.

Required Criteria Include:

  1. The artist or entertainer must enter US through government recognized reciprocal exchange program.
  2. The artist must poses skills that are equal to those of artists of US performing outside US.
  3. An US organization or employer must file Form I-129, Petition for a Non-Immigrant Worker.
  4. The individual artist, entertainer or group should be invited through reciprocal program
  5. The applicants must meet the health and character requirements.

If you need help determining if you qualify for a P2 Visa, contact Chammas Jurado | The Immigration Attorneys today. We have a vast amount of experience in immigration law and we provide advanced and comprehensive support on all immigration issues.

P3, Artist or Entertainer Coming to Be Part of a Culturally Unique Program

The P-3 visa is a nonimmigrant visa which allows foreign nationals to enter into the U.S. to perform, teach or coach as artists or entertainers, individually or as part of a group, under a program that is culturally unique.

A P-3 visa classification may be accorded to artists or entertainers, individually or as a group, coming to the U.S. for the purpose of developing, interpreting, representing, coaching, or teaching a unique or traditional ethnic, folk, cultural, musical, theatrical, or artistic performance or presentation.

Further, the Applicant must be coming to the U.S. to participate in a cultural event or events which will further the understanding or development of your art form. The program may be of a commercial or noncommercial nature.

If you need help determining if you qualify for a P3 Visa, contact Chammas Jurado | The Immigration Attorneys today. We have a vast amount of experience in immigration law and we provide advanced and comprehensive support on all immigration issues.

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