The P1A visa is a nonimmigrant (temporary) visa for foreign workers who are in the field of athletics and it is commonly used for internationally known athletes to work at specific sports competitions in the United States. Certain amateur athletes and coaches are also included under the P1A visa.
The P1A visa athlete can file a separate P1S visa to bring their support staff with them to the United States.
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Table of Contents
The P1A visa worker must be 1 of the 5 types of workers listed below:
- An individual athlete whose performance is recognized internationally
- An athlete who is part of a sports team (or group) that has international recognition of its performance
- A professional athlete employed by a qualified U.S. sports team (or group)
- An amateur athlete or coach of a sports team or franchise in the United States and is also a member of a qualified foreign league or association
- A professional or amateur ice-skater who will be performing (individually or as part of a group) in a specific theatrical ice-skating production or tour in the United States
The 5 types of workers under the P1A visa differ in specific qualification requirements but all are required to be internationally recognized, which means that all P1A visa workers must possess a much higher degree of skill and recognition in their field of expertise when compared to other workers who are similar to them and that their professional achievement is considered well-known, leading, and renowned in more than one country.
Internationally Recognized Individual Athletes
A qualified P1A individual athlete must satisfy the 4 following requirements:
- (1)
- The P1A visa worker’s degree of skill and recognition is substantially higher than other similar workers in the field.
- (2)
- The P1A visa worker’s achievement must be renowned, leading, or well-known in multiple countries.
- (3)
- The specific athletic competition in the United States must be in a sport that the P1A visa worker is internationally recognized for.
- (4)
- The competition in the United States must have a distinguished reputation and require internationally recognized athletes to be in it.
Internationally Recognized Athletic Teams
The P1A athlete who is part of a sports team or group that has international recognition of its performance must satisfy the following requirements:
- (1)
- The specific athletic competition in the United States that the P1A visa worker will be working at must be in a sport that the team is internationally recognized for.
- (2)
- The competition in the United States that the P1A visa worker will be working at must have a distinguished reputation and require internationally recognized athlete teams to be in it.
Professional Athletes
The P1A professional athlete must be employed in the United States as an athlete by:
- (1)
- A team that is a member of an association which has at least 6 professional sports teams, and a combined revenue of over $10 million each year. In addition, the association must be able to govern its member's conduct, and regulate contests and exhibitions that their teams regularly attend.
OR
- (2)
- A minor league team affiliated with the type of association listed above.
Amateur Athletes or Coaches
The P1A individual amateur athlete or coach must satisfy the 5 following requirements:
- (1)
- The athlete or coach is a member of a foreign league or association and will be working as a part of a team or franchise in the United States.
- (2)
- The foreign league or association must have at least 15 amateur sports teams.
- (3)
- As a member of the foreign league, the player cannot (temporarily or permanently) qualify for a scholarship or participate in the sport at a U.S. college or university under the National Collegiate Athletic Association rules.
- (4)
- The foreign league or association’s member sports team must be operating at the highest level of amateur performance in that sport in the foreign country.
- (5)
- A large number of players from that foreign league or association gets drafted by major sports leagues or affiliated minor leagues.
Theatrical Ice Skaters
Professional or amateur ice-skaters must be performing (individually or as part of a group) in a specific theatrical ice-skating production or tour in the United States.
The original statutory wording for the P1A visa qualified persons can be found in 8 CFR §214.2(p)(4)(A).
The P1A individual athlete can be granted up to 5 years in the initial period of stay whereas all other types of P1A visa workers can be granted up to 1 year. The P1A visa workers are allowed to enter the United States 10 days before the visa start date and stay an additional 10 days after the visa end date. However, the P1A visa workers cannot work in those additional 20 days.
Individual Athlete
For individual athletes, the P1A visa can be granted an initial period of stay for up to 5 years depending on how much time is required to complete the event, competition, or performance. Renewals of the P1A visa (extensions of stay) for individual athletes can be granted for up to 5 years depending on how long the P1A visa worker needs to finish their initial event, competition, or performance. The P1A visa for individual athletes has a maximum time limit of 10 years.
Internationally Recognized Athletic Team / Professional Athlete / Amateur Athlete or Coach/ Theatrical Ice-Skater
For most P1A visa workers (does not include P1A individual athletes), the P1A visa can be granted an initial period of stay for up to 1 year depending on how much time is required to complete the event, competition, or performance. Renewals of the P1A visa (extensions of stay) for P1A visa workers can be granted up to 1 year depending on how long the P1A visa worker needs to finish their initial event, competition, or performance.
The 5 types of workers under the P1A visa differ in specific evidentiary and qualification requirements but are all required to show international recognition in the area of expertise which they are coming to the United States to work in.
Documents Required for the P1A Work Visa
The evidence provided to the USCIS for the P1A visa must show:
AND
(B) The person has the ability to satisfy at least 1 of the 5 scenarios listed below:
- (1)
Internationally Recognized Athletic Individuals: the P1A athlete must show that they are individually well-known on an international level.
- (2)
Internationally Recognized Athletic Teams: the P1A athlete must show that they are a part of an internationally well-known sports team or group.
TLDR: The P1A visa worker would have to satisfy the requirements of (A) and (B1) or (B2) or (B3) or (B4) or (B5) to obtain their P1A visa. The original statutory wording for the P1A visa requirements can be found in 8 CFR 214.2(p)(4)(ii)(B).
The total time a P1A visa takes is consisted of the processing time for the (1) P1A visa petition (Form I-129) with the USCIS and the (2) visa application (DS-160) at a U.S. consulate or embassy overseas if the person is not already in the United States or is ineligible to do a change of status within the United States.
Factors that influence the P1A visa petition processing time usually include but are not limited to if there was any Request for Evidence (“RFE”) issued, and the caseload of the USCIS service center and the U.S. consulate or embassy.
Premium Processing for Form I-129 (Expedited Service)
A rough estimate for the Form I-129 petition for the P1A visa is around 3 to 4 months. However, a 15-day premium processing (Form I-907) is available for the Form I-129 part of the P1A visa petition. Premium processing is an optional expedited service where the USCIS guarantees that the case will be processed within 15 calendar days (not business days). When a notice of intent to deny (NOID) or a request for evidence (RFE) is issued, a new 15 calendar days will start when the USCIS receives a response from the applicant. If the USCIS fails to process within the time frame, a refund of the service fee will be given and the case will continue to be expedited. Please note that USCIS’s guaranteed response may be an approval notice, denial notice, notice of intent to deny (NOID), request for evidence (RFE), or open an investigation for fraud or misrepresentation.
The current premium processing fee for the P1A visa is $2500 USD and it can be requested when the original petition is submitted to the USCIS or an upgrade to premium processing can be done when the case is pending.
After the USCIS approves the P1A visa petition (Form I-129), the person will then need to change into their P1A visa status. There are 2 ways to change into the P1A visa status: change of status (done in the United States) and consular processing (done outside of the United States).
Change of status is usually for a person who is already in the United States with another valid nonimmigrant visa status and has maintained a lawful visa status throughout their time in the United States. On the other hand, consular processing is for a person who lives outside the United States or for a person who is ineligible to change their status in the United States due to noncompliance of U.S. immigration law (e.g., overstayed on their previous visa status, worked when they did not have valid U.S. work authorization, the visa status they used to enter the United States does not allow them to change into another type of visa status, etc.)
For a person who is residing overseas (outside the United States) or a person who is ineligible for change of status with the P1A visa petition (Form I-129), consular processing must be done to obtain the P1A visa status. Consular processing involves the person attending an in-person interview at the U.S. consulate or embassy usually in the person’s home country. In certain circumstances, a person can do consular processing in another country as a “Third Country National.”
After the interview approval at the U.S. consulate or embassy, the person would have to be admitted entry into the United States by the CBP officer at the border (usually at the airport) which means that the person would have to physically enter the United States as the final step for the P1A visa status to be activated.
For a person who is already in the United States with another valid nonimmigrant visa, there are usually two options available to obtain the P1A visa status:
(1) Change of Status: this is the more commonly chosen option where the person states that they would like to change their status without leaving the United States in their P1A visa petition (Form I-129). If the person is eligible (no violations of U.S. immigration laws), then their nonimmigrant visa status will be changed upon the approved employment start date listed in the P1A visa petition. In cases where the person’s change of status request is denied or the person needs to change it into consular processing, an application for action on an approved application or petition (Form I-824) may be required.
(2) Consular Processing: this must be chosen if a person cannot show that they have maintained lawful visa status in the United States or for any other reasons such as the person needs to travel internationally before the P1A visa petition is approved.
A change in employment for the P1A visa worker usually means that (1) the professional athlete was traded to another organization, (2) the person changes to a different employer, (3) the person will work for more than one employer, (4) the person’s employment was involuntarily terminated, or (5) there was a material change in the person’s employment or visa eligibility.
Athletes Traded to New Team
P1A professional athletes who are being traded to a new team will have their work authorization automatically continued with the new team for an additional 30 days if the new team files a P1A visa petition for the athlete before the end of that additional 30-day period. The P1A athlete can continue to work throughout the time that the new P1A visa petition is pending.
Change in Employer
If the P1A visa worker (not including traded P1A professional athletes) changes to a different visa sponsoring U.S. employer (or U.S. agent, or U.S. agent for a foreign employer), a new P1A visa petition must be filed and the P1A worker cannot start working until the new P1A visa petition is approved.
Concurrent Employment
The P1A visa worker can work for more than one employer at the same time, however, all the employers would need to file for a separate P1A visa petition unless it is filed under a U.S. agent.
Amended Petition
Additional performances, competitions, or engagements that are similar or comparable to what was listed in the original P1A visa petition are allowed without filing an amended P1A visa petition, however, an amended P1A visa petition would be required if there is a material change in the terms and conditions of the P1A visa worker’s employment or in the P1A visa worker’s visa eligibility.
Early Involuntary Termination
If the P1A visa worker’s employment was terminated involuntary (e.g., the P1A visa worker did not voluntarily resign) before their visa status expiration date, the sponsoring employer or agent would have an obligation to pay a reasonable transportation cost to the P1A visa worker to return to their last place of residence before coming to the United States.
Dependent family members (spouse and unmarried children under 21 years old) of P1A visa workers are allowed to stay in the United States under the P4 visa status but they are not allowed to work. Studying is allowed for P4 visa holders.
Dual intent visas allow the foreign person to have both an intent to temporarily stay in the United States and an intent to permanently stay in the United States. The intention to permanently stay in the United States can be shown when the foreign person has a pending green card petition with the USCIS or an approved PERM labor certification from the U.S. Department of Labor.
Both P1A visas and P1S visas require the foreign person to maintain a residence (home address) overseas that they have no intention in abandoning, however, the P1A visa is a dual intent visa that allows the person to have a green card (permanent residency) petition pending while still being able to maintain and extend (renew) their P1A visa status in the United States.
In comparison, the P1S visa for the foreign support staff of P1A visa workers is not a dual intent visa which means the person is not allowed to have the intention of staying permanently in the United States. And thus a P1S visa worker having a pending green card petition will interfere with their eligibility to maintain and extend (or renew) their P1S visa status in the United States. For example, if a P1S visa holder leaves the United States after they have filed a green card petition (which is an intention of permanently staying in the United States) with the USCIS, it would be likely that they will not be allowed to back to the United States with their P1S visa because it is not a dual intent visa and only allows the foreign person to have an intention to temporarily stay in the United States.
The P1A visa is commonly used for foreign athletes who are professionally well-known on an international level and are coming to the United States to work in a specific athletic competition. The P1A visa can also include athletes who are a part of an internationally known athletic team or group, professional athletes who are employed by a U.S. sports team that belongs to a qualified association, amateur athletes or coaches who are working with a team or franchise in the United States and is a part of a qualified foreign league or association, and theatrical ice-skaters performing in a production or tour in the United States. The P1A visa workers can also bring their support staff with them to the United States with P1S visas.
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 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 main difference between a green card and a temporary work visa (such as an H1B visa, L1 visa, O1 visa, P1 visa, TN visa, E3 visa) is that a green card holder can freely change jobs among different employers without needing additional filings or approvals from the U.S. government. Also, unlike temporary work visas, green cards are permanent so there is no set maximum time on how long a green card holder can stay in the United States.
When the P1A visa workers decide that they would like to live in the United States permanently and do not want to be subject to the time limitations or the constant filing requirements to extend (renew) their temporary work visa, the next step for them is to file a green card petition. The EB1a (Alien of Extraordinary Ability) green card petitions are usually used by P1A visa workers because of the similar standards and requirements between the two visa categories.
The EB1a green card petition is one of the fastest ways to obtain an employment-based green card because unlike other employment-based green card categories it does not require a lengthy PERM labor certification and typically does not encounter visa availability backlog issues. Also, unlike most employment-based visas (such as the P1A visa), the EB1a (Alien of Extraordinary Ability) green card can be self-sponsored (where the person can pay and start the green card petition by themselves) and does not need to be tied to a specific sponsoring U.S. employer.
Furthermore, a person can qualify for an employment-based green card no matter where they are currently residing in the world. There is no pre-requisite as to the person being in some type of nonimmigrant visa status (such as a P1A visa) or having an educational degree from a U.S. school. In other words, a person who does not have a U.S. degree and has never been to the United States can still qualify for an employment-based green card. Thus, even if a person is not in a P1A visa status yet but does have the qualifications for a P1A visa, they can alternatively choose to file for an EB1a green card petition instead.
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)
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- 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
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