After reading the P1B visa overview and gaining a general idea of what a P1B visa petition is, the next step is to learn about what an internationally recognized entertainment group would need to provide as evidence to prove that it is qualified under a P1B visa.
The article below provides a brief overview of what the P1B visa requirements are looking for and what documents are usually submitted for each requirement.
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Table of Contents
In a P1B visa petition, the entertainment group would need to show that it (1) has been established and has been performing regularly for at least 1 year, (2) at least 75% of 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 as outstanding in the field for a significant and continuous amount of time.
The entertainment group can show that has been internationally recognized as outstanding in the field for a significant and continuous amount of time by either (1) having received or have 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.
The following sections consist of a brief summary on each requirement and the documents that are generally used as evidence to satisfy that requirement.
After entering the United States, the members of the entertainment group will continue to work temporarily in the same area of expertise that was used as the basis to apply for the P1B visa
The P1B work visa petition requires the entertainment group to prove that its members will continue to work temporarily in the same area of expertise that was used as the basis to apply for the P1B visa after entering the United States with their approved visa.
P1B Visa Sponsoring Employer (or Agent)
The P1B work visa petition requires the entertainment group to be sponsored by a U.S. employer (or agent), which means that only the U.S. employer (or agent) can initiate and pay for a P1B visa. A P1B visa sponsoring employer (or agent) can be an (a) U.S. employer, (b) U.S. agent, or (c) foreign employer through a U.S. agent. The sponsoring employer (or agent) should have a (FEIN) federal employer identification number. A foreign employer here can be the foreign person themselves if they are self-employed.
Contracts
A contract between the sponsoring employer (or agent) and the P1B entertainment group must be provided. The content must include the terms and conditions of the P1B entertainment group’s employment, the specific wage offered, and details of any additional services provided. Offers of employment are not enough to satisfy the standards here. Evidence required can include:
- A copy of the written contract. (recommended)
- A summary of the terms of the oral agreement.
When the P1B visa sponsoring person (or entity) is a U.S. agent that is performing the function of an employer, the additional evidence required are:
- A written contract with the P1B entertainment group that includes the wage, employment terms, and details on additional services.
- An itinerary that includes definite employment and information on any other services planned.
When the sponsoring person (or entity) is a U.S. agent that is representing both the P1B entertainment group and one or more employers, the additional evidence required are:
- Documents that show the sponsoring U.S. agent is authorized to act as an agent for the P1B entertainment group and all the other entities that the P1B entertainment group is contracted to perform services for.
- The contracts between the P1B entertainment group and all the other entities that the P1B entertainment group will perform services for should include an explanation of the terms and conditions of employment.
- An itinerary that shows the specific dates of the services or engagements, the names and addresses of the contracted entities, and the name and addresses of the establishments, venues, or locations where the services are performed.
When the P1B visa sponsoring person (or entity) is a U.S. agent that is filing on behalf of a foreign employer, the additional evidence required are:
- Documents that show the P1B visa sponsoring U.S. agent is authorized to file this petition and accept service of process on behalf of the foreign employer.
- Copies of any written contracts (or summary of the terms of the oral agreement) between the P1B entertainment group and the foreign employer.
Itinerary and Nature of the event or engagement
An itinerary and an explanation of the event or performance that the P1B entertainment group will be participating in must be provided. Activities such as promotional appearances, short vacations, stopovers that are incidental or related to the main event or performance of the P1B visa can be included. The P1B entertainment group’s service must be for already planned specific events and not for freelance work or potential engagements. Evidence required can include:
- Itinerary that shows the dates, name(s) of the employer(s) or sponsor(s), and the location of the events or performances.
- An explanation of the nature of the event or activities.
- The start and end dates of the event or activities.
Consultation (Written Advisory Opinion)
A written advisory opinion on the P1B entertainment group’s qualifications and the nature of the work must be provided. The written advisory opinion must come from the appropriate U.S. labor organization in the P1B entertainment group’s field of expertise.
The content of the written advisory opinion must include information about the P1B entertainment group’s ability and their achievements in the field, a statement that the P1B entertainment group is recognized internationally due to their achievements, the nature of the duties that will be performed in the United States, and verification that the services to be performed in the United States are appropriate for an internationally recognized entertainment group in that field. Evidence required can include:
- Written advisory opinion (that includes the content required and is signed by an authorized official from the organization or group).
- Letter of no objection (when the consulting organization has no objection of the P1B visa petition being approved).
The consultation requirement can be waived if there is no appropriate labor organization for the entertainment group’s field of expertise or when the case needs to be handled expeditiously.
The entertainment group has been established and has been regularly performing for at least 1 year
The P1B work visa petition requires the entertainment group to prove that it has been established and has been regularly performing for at least 1 year. Evidence that shows the entertainment group being established and have been performing regularly for at least 1 year can include but is not limited to:
- Dated programs, brochures, reviews, or other documentation
- Dated itineraries or bookings
- Compact discs or videos
At least 75% of members have a significant and continuous relationship with the entertainment group for at least 1 year and those members have also provided integral functions to the group’s performance
The P1B work visa petition requires the entertainment group to prove that at least 75% of its members have a significant and continuous relationship with it for at least 1 year and those members provide integral functions to the entertainment group’s performance.
Evidence that shows at least 75% of members had a significant and continuous relationship with the entertainment group for at least 1 year where they also provided integral functions to the group performance can include but is not limited to:
- Dated programs, brochures, reviews, or other documentation that show the group member’s participation
- Written statement that lists the exact dates of each member that was employed on a regular basis with the entertainment group
- Waiver request for the one-year relationship requirement (can only be used in urgent situations, such as replacing a critical member of the entertainment group because of illness or other unexpected exigent reasons)
The entertainment group has been internationally recognized as outstanding in the field for a sustained and substantial amount of time
The P1B work visa petition requires the entertainment group to prove that it has been internationally recognized in the field for a significant and continuous amount of time in two ways: (a) the entertainment group receiving or being nominated for a significant international award or prize, or (b) satisfying at least 3 of 6 criteria listed in the 8 CFR §214.2(p)(4)(iii)(B) immigration law.
The entertainment group receiving or being nominated for a significant international award or prize for outstanding achievement in its field
The P1B work visa petition requires the entertainment group to prove that it has been internationally recognized in the field for a significant and continuous amount of time and one of the two ways to do so is to provide evidence that shows the entertainment group has been given or has been nominated for a significant internationally-recognized award or prize before.
Evidence that shows the entertainment group under the P1B visa has received or has been nominated for a significant internationally-recognized award or prize can include:
- A copy of each award or prize certificate
- A clear photograph of each award or prize
- A copy of the public announcement of the issuance or nomination of award(s) from the granting organization
The entertainment group satisfies at least 3 of the 6 criteria listed below:
The P1B work visa petition requires the entertainment group to prove that it has been internationally recognized in the field for a significant and continuous amount of time and one of the two ways to do so is to provide evidence that satisfies at least 3 of 6 criteria listed in the 8 CFR §214.2(p)(4)(iii)(B).
The entertainment group has and will be performing in a leading or starring role in productions or events that have a distinguished reputation
One criterion to prove the entertainment group has substantial and sustained international recognition under the P1B visa petition requires the entertainment group to (1) have performed in a leading or starring role in productions or events that have a distinguished reputation in the past and (2) will be performing in a leading or starring role in productions or events that have a distinguished reputation in the future.
Evidence that shows the entertainment group has and will be performing in a leading or starring role in distinguished productions or events can include but is not limited to:
- Critical reviews
- Advertisements
- Publicity releases
- Publications
- Contracts
- Endorsements
The entertainment group has outstanding achievements in the field that are recognized (known) on an international level
One criterion to prove the entertainment group has substantial and sustained international recognition under the P1B visa petition requires the entertainment group to have outstanding achievements in their field of expertise that are recognized (known) on an international level.
Evidence that shows the entertainment group has internationally-recognized outstanding achievements in their field of expertise can include but is not limited to:
Critical reviews in
- Major newspapers
- Trade journals
- Magazines
- Other publications
The entertainment group has and will be performing in a leading or starring role for organizations and establishments that have a distinguished reputation
One criterion to prove the entertainment group has substantial and sustained international recognition under the P1B visa petition requires the entertainment group to (1) have performed in a leading or starring role for organizations and establishments that have a distinguished reputation in the past and (2) will be performing in a leading or starring role for organizations and establishments that have a distinguished reputation in the future.
Evidence that shows the entertainment group has and will be performing in a leading or starring role for distinguished organizations and establishments can include but is not limited to:
Articles in
- Major newspapers
- Trade journals
- Publications
- Testimonials
The entertainment group has achieved major commercial or critically acclaimed successes
One criterion to prove the entertainment group has substantial and sustained international recognition under the P1B visa petition requires the entertainment group to have achieved major commercial successes or critically acclaimed successes.
Evidence that shows the entertainment group has achieved major commercial or critically acclaimed successes can include but is not limited to:
- Title, rating, or standing in the field
- Box office receipts
- Record sales, cassette or video sales
- Other achievements reported in trade journals, major newspapers, or other publications
The entertainment group’s achievements have received significant recognition from organizations, critics, government agencies, or recognized experts in the same field
One criterion to prove the entertainment group has substantial and sustained international recognition under the P1B visa petition requires the entertainment group to have received significant recognition from organizations, critics, government agencies, or recognized experts in the same field.
Evidence that shows the entertainment group has received significant recognition from organizations, critics, government agencies, or recognized experts can include but is not limited to:
- Testimonials (must include the testimonial writer’s authority, expertise, and knowledge about the P1B entertainment group)
The entertainment group received or will receive a high salary or significantly high remuneration compared to other similar entertainment groups in the field
One criterion to prove the entertainment group has substantial and sustained international recognition under the P1B visa petition requires the entertainment group to have received or will receive a high salary or significantly high remuneration compared to other similar entertainment groups in the field.
Evidence that shows the entertainment group has received or will receive a high salary or significantly high remuneration compared to other similar entertainment groups in the field can include but is not limited to:
- Contracts
- Salary or remuneration records in the form of official government tax returns (e.g., Form W-2, Form 1099, or foreign equivalent)
- Annual income statement, payroll records, bank transaction statements, accountant’s letter of support
- Documentation that shows the entertainment group received a high salary or other forms of compensation compared to other entertainment groups in the field (e.g., equity in lieu of cash)
- Geographical or position appropriate compensation surveys, such as average salary scales of the entertainment group’s industry, or of the foreign country where the entertainment group earned their salary, or of the state where the entertainment group earned their salary in the United States
- Media coverage of notable high salaries earned by other entertainment groups in the field
- Compiled lists of top earners in the entertainment group’s field of expertise by credible professional organization(s) that include information such as salary or earning rankings
- Documents that show the organizational justifications to pay above the compensation data
- Testimonials from industry experts
- Other evidence that shows entertainment group is receiving a higher salary or remuneration for their services compared to other similar entertainment groups in the field
The overall emphasis on the documents and requirements/criteria of a P1B visa petition is that caliber at an international level must be shown. The P1B entertainment group should already be professionally established in their field and be well-known in more than one country.
The requirements for a P1B visa petition are extensive and while ticking the boxes of requirements sounds simple enough, figuring out what items should be included and strategizing how the petition is presented is not. It is common practice and strongly encouraged to obtain an attorney for employment-based nonimmigrant visa petitions.
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.
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
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