The P-1A classification is available to an alien who is an internationally recognized athlete coming to the United States temporarily to participate in a specific athletic competition, individually or as a part of a group or team. If travelling to the United States as an individual, then the athlete must be internationally recognized to have obtained a high level achievement. This must be evidenced by a degree of skill and recognition substantially above that ordinarily encountered so that the athlete is renowned, leading or well-known in more than one country.
If the alien will be travelling as a part of an athletic team to participate in team events, then that team must have achieved significant international recognition in the sport. In addition, the eventin which the team is participating must be distinguished and require the participation of athletic teams of international recognition. Essential support staff for either an individual or the team may also apply for a P-1A visa. [8 C.F.R. 214.2(p)(3)]
Minor League or Amateur Athletes
Certain minor league and/or amateur athletes may be eligible to come to the United States on a P-1 visa as long as they meet certain requirements. The petitioner must be able to demonstrate that: (1) the coach and/or athletes are a part of an international league or association of 14 or more amateur sports teams; (2) the foreign league is operating at the highest level of amateur performance in the foreign country; (3) the participation in the foreign league renders the players ineligible for scholarship or amateur athletics under the NCAA; and (4) a significant number of players who play in the foreign leagues are drafted by major league or minor league affiliates in the United States. [USCIS Memo HQ 70/6.2.19]
P-1A Application Process
Just as with all P petitions, the P-1A athlete’s U.S. employer, or agent in the case ofmultiple employers, must first file a Form I-129 (Petition for a Non-Immigrant Worker) with the appropriate USCISservice center (USCIS Vermont Service Center 4 Lemnah Drive St. Albans, VT 05479-0001, USCIS Vermont Service Center 75 Lower Welden Street St. Albans, VT 05479-0001, or USCIS California Service Center P.O. Box 10825 Laguna Niguel, CA 92607), along with the $325 application fee per person, and the required supporting documentation:
A written consultation from an appropriate labor organization describing the work or services to be performed in the U.S. and the alien’s qualifications for such work. However, if noappropriate labor organization exists, then this requirement will be excused;
A copy of the contract with a major U.S. sports league or team or a contract in an individual sport commensurate with international recognition in the sport, if such contracts are normally utilized in the sport;
An explanation of the event and itinerary; and
Documentation of at least two of the following:
Once the USCIS has approved the I-129 petition, the alien may apply at a U.S. embassy or consulate for their P-1A visa, which they will present at a port of entry to request admission into the United States.
The valid period of stay and extension of stay allotted for each P-1A visa depends on the work or services the alien will be performing when in the United States:
Family of P-1A visa holders may obtain P-4 status in the United States. They may not engage in employment, but may attend school or college.
For more information aboutP visas, please click on one of the following links: