The P1B visa is a nonimmigrant (temporary) visa for artists coming to the United States to perform as a part of an internationally recognized entertainment group. The internationally recognized entertainment group under the P1B visa petition must have been established for at least 1 year and have continuously maintained to be outstanding in the field for a significant amount of time. The reputation of the entertainment group as a whole is what is evaluated and not the individual achievements of a member of the group OR the acclaim of a particular production.
The P1B visa is for an entertainment group which must be at least 2 people and thus is not a visa for individual artists. The P1B entertainment group can file a separate P1S visa to bring its support staff to the United States.
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The P1B entertainment group must have at least 2 people in it and it can be either foreign-based or U.S.-based as long as it satisfies the qualification requirements under the P1B visa. In most cases, the P1B entertainment group is required to be well known on an international level, however, there are certain exceptions such as nationally well-known circuses.
P1B Entertainment Group
A qualified P1B internationally-recognized entertainment group must satisfy the following requirements:
- (1)
- The entertainment group must have been established and have been regularly performing for at least 1 year.
- (2)
- At least 75% of the members in the group must have a significant and continuous relationship (i.e., substantial and sustained relationship) with the entertainment group for at least 1 year and those members must have provided integral functions to the group’s performance.
- (3)
- The entertainment group must:
- Be internationally recognized as having a high level of achievement in the field which is shown by possessing a significantly higher degree of skills and recognition than other similar groups in the field.
- Have achievement that is renowned, leading, or well-known in multiple countries.
*Solo artists who traditionally perform with backup singers can be seen as an entertainment group under the P1B visa if at least 75% of the members in the group have a continuous and significant relationship with that group for at least 1 year. If not, the alternative would be for the solo artist to qualify for an O1B visa instead and their backup signers would need to qualify for the O2 visa.
Nationally Known Entertainment Groups
There are two types of exceptions in regards to the international-recognition requirement under the P1B visa petition for certain nationally known entertainment groups: (1) nationally known reputable circus groups, and (2) nationally known entertainment groups under special circumstances.
Nationally Known Reputable Circus Groups
For nationally known reputable circus groups, the foreign P1B circus performers and essential circus personnel are not required to meet the requirements of:
- (a)
- 1-year group membership of the visa worker
- (b)
- international recognition of the entertainment group
Nationally Known Entertainment Groups Under Special Circumstances
For certain nationally known entertainment groups under special circumstances, the international recognition requirement can be waived if the entertainment group can prove that it has been nationally recognized as outstanding in its field for a significant and continuous amount of time.
The original statutory wording for the P1B visa qualified entertainment groups can be found in 8 CFR §214.2(p)(4)(B).
For certain nationally known entertainment groups under special circumstances, the international recognition requirement can be waived if the entertainment group can prove that it has been nationally recognized as outstanding in its field for a significant and continuous amount of time.
The original statutory wording for the P1B visa qualified entertainment groups can be found in 8 CFR §214.2(p)(4)(B).
The P1B 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 or performance. The P1B 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 P1B visa workers cannot work in those additional 20 days.
Renewals of the P1B visa (extensions of stay) may be granted for up to 1 year in increments depending on how long the P1B entertainment group needs to finish their initial event or performance.
The P1B visa has three main requirements that need to be satisfied: evidence must be provided to the USCIS to show that the entertainment group (1) has been established and has been performing regularly for at least 1 year, (2) at least 75% of its members have maintained a significant and continuous relationship with the entertainment group for at least 1 year and those members provided integral functions to the group’s performance, and (3) the entertainment group has been internationally recognized in the field for a significant and continuous amount of time.
There are two ways to prove that the entertainment group has been internationally recognized in the field for a significant and continuous amount of time: it can be done by either showing (1) the entertainment group has received or been nominated for a significant international award for outstanding achievement in its field, OR by (2) satisfying at least 3 of 6 criteria listed in the 8 CFR §214.2(p)(4)(iii)(B) immigration law.
Documents Required for the P1B Work Visa (Entertainment Group)
The evidence provided to the USCIS for the P1B visa must show:
- (D)
- The entertainment group has been recognized internationally as outstanding in the field for a sustained and substantial amount of time by:
- (b)
- The entertainment group satisfies at least 3 of the 6 criteria listed below:
TLDR: The P1B visa worker would have to satisfy the requirements of (A) and (B) and (C) or (Da) or (Db). The original statutory wording for the P1B visa requirements can be found in 8 CFR §214.2(p)(4)(iii)(B).
The total time a P1B visa takes is consisted of the processing time for the (1) P1B 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 P1B 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.
A rough estimate for the Form I-129 petition for the P1B 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 P1B 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 P1B 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 P1B visa petition (Form I-129), the person will then need to change into their P1B visa status. There are 2 ways to change into the P1B 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 P1B visa petition (Form I-129), consular processing must be done to obtain the P1B 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 P1B 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 P1B 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 P1B 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 P1B 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 P1B visa petition is approved.
A change in employment under the P1B visa usually means (1) the P1B entertainment group changes to a different employer, (2) the P1B entertainment group works for more than one employer, (3) the P1B entertainment group’s employment was involuntarily terminated, or (4) there was a material change in the P1B entertainment group’s employment or visa eligibility.
Change in Employer
If the P1B entertainment group changes to another U.S. employer (or U.S. agent, or U.S. agent for a foreign employer), a new P1B visa petition must be filed and the P1B entertainment group cannot start working until the new P1B visa petition is approved.
Concurrent Employment
The P1B entertainment group can work for more than one employer at the same time, however, all the employers would need to file for a separate P1B visa petition unless it is filed under a U.S. agent.
Amended Petition
Additional performances or engagements that are similar or comparable to what was listed in the original P1B visa petition can be allowed without filing an amended P1B visa petition, however, an amended P1B visa petition would be required if there is a material change in the terms and conditions of the P1B entertainment group’s employment or in its worker’s visa eligibility.
Early Involuntary Termination
If the P1B entertainment group’s employment was terminated involuntary (e.g., the P1B entertainment group did not voluntarily resign) before its visa status expiration date, the sponsoring employer or agent would have an obligation to pay a reasonable transportation cost to the P1B visa workers 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 P1B 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 P1B visas and P1S visas require the foreign person to maintain a residence (home address) overseas that they have no intention in abandoning, however, the P1B 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 P1B visa status in the United States.
In comparison, the P1S visa for the foreign support staff of P1B 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 P1B visa is for foreign artists to perform in the United States as a part of an internationally recognized entertainment group. The internationally recognized entertainment group under the P1B visa must (1) have been established and have been performing regularly for at least 1 year, (2) have been internationally recognized in the field for a significant and continuous amount of time, and (3) at least 75% of its members must have had a significant and continuous relationship with the entertainment group for at least 1 year.
The O1B visa for artists with extraordinary ability would be the closest alternative to the P1B visa for artists who are a part of an internationally recognized entertainment group. The biggest difference between the O1B visa and the P1B visa for artists would be that the O1B visa is for individual artists and it allows the artists to do more types of work such as coaching or book writing in the same period of time as opposed to the P1B visa which is for artists who are only allowed to work as a part of an entertainment group in a specific performance requested in the P1B visa petition.
Another difference is that the O1B visa allows an initial period of stay for up to 3 years with no set maximum limit of years the person can stay on the O1B visa (however it is restricted on how long the initial event requires to be completed), whereas the P1B visa allows an initial period of stay for up to 1 year and renewals are given up to 1-year increments dependent on how long the P1B entertainment group needs to finish their initial event or performance.
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 P1B 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 EB2 green card petitions under the Schedule A, Group II exceptional ability, or the EB1a (Alien of Extraordinary Ability) green card petitions are usually appropriate for P1B visa workers.
EB1a Green Card (Alien of Extraordinary Ability)
The EB1a green card petition for persons who are nationally or internationally recognized as having extraordinary ability in the field of sciences, arts, education, business, or athletics 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 P1B 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 or specific entertainment group like the P1B visa.
EB2 Exceptional Ability Green Card Under Schedule A, Group II
The EB2 green card petition filed under Schedule A, Group II for persons who have exceptional ability in the performing arts, sciences, or arts has a slightly lower qualification standard than the EB1a green card petition. Similar to the EB1a green card petitions, the EB2 Schedule A Group II green cards do not require a lengthy PERM labor certification, however, it does require a specific U.S. sponsoring 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 P1B 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 P1B visa status yet but does have the qualifications for a P1B visa, they can alternatively choose to file for an employment-based green card petition (e.g., EB1a green card, EB2 green card) instead.
If you have a P1B work visa (Internationally-Recognized Entertainment Groups) 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 P1B 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) P1B visa petition and we will also strategize on how the P1B 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 P1B 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)
- Sign up and log into the client portal to schedule an appointment online
- 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
RELATED ARTICLES
- P1B Visa Requirement & Documents
- P1B Visa Checklist (Entertainment Group)
- P visa Overview (Athlete & Entertainer)
- P1A Visa (Internationally Recognized Athlete)
- P1A Visa Requirement & Documents
- P1A Visa Checklist (Athlete)
- P2 Visa (Artist Reciprocal Exchange Program)
- P2 Visa Checklist (Reciprocal Exchange Program)
- P3 Visa (Artist Culturally Unique Program)
- P3 Visa Checklist (Culturally Unique Program)
- P1S/P2S/P3S Visa (Essential Support Personnel)
- P1S/P2S/P3S Visa Checklist (Support Staff)
- O Visa Overview (Extraordinary Ability / Achievement)
- O1A Visa (Extraordinary Ability in Science, Education, Business, Athletics)
- O-1B Visa (Extraordinary Ability in Arts & Extraordinary Achievements in Motion Pictures or Television)
- O2 Visa (Essential Support Personnel)
- H Visa Overview (Specialty Occupation)
- L Visa Overview (Intra-company Transferee)
- R1 Visa (Religious Worker)
- E Visa Overview (Treaty Trader & Investor)
- TN Visa (NAFTA Professionals)
- Employment-Based Green Card Overview (LPR)