P-1B: Member of an Internationally Recognized Entertainment Group

The P-1B classification is designated for aliens who wish to come to the United States temporarily to perform as a member of an entertainment group that has been recognized internationally as outstanding in the discipline for a sustained and substantial period of time. In order to qualify, the entertainment group must have been established and performing for at least one year. In the case of a solo artist or entertainer who traditionally performs with back-up singers, the act can be classified as a group as long as a minimum of 75% of the members of the entertainment group must have had a substantial and sustained relationship with the group for at least one year. If they do not meet the 75% rule, however, the solo artist must qualify for an O-1 visa and the musicians as O-2s.

The individual alien’s reputation is not as important for P-1B, as what really matters is the reputation of the group overall. The entertainment group must be internationally recognized, with a high level of achievement in their field evidenced by a degree of skill and recognition substantially above that ordinarily encountered.

Exceptions for Certain Groups

Under U.S. Immigration law, certain groups are exempt from the one-year group membership requirement. Circuses, for example, do not have to meet this requirement, nor do they have to meet the international recognition requirement. The circus need only show that they have been recognized nationally as outstanding for a sustained period of time. [8 C.F.R. 214.2(p)(4)(iii)(C)]

P-1B Application Process

As with all other P petitions, the alien’s employer or agent acting as the petitioner must submit a Form I-129 (Petition for a Non-Immigrant Worker) along with the $325 application fee and the following supporting documentation:

  1. Written consultation from an appropriate labor organization regarding the nature of the work to be done. If no appropriate labor organization exists, then this requirement is excused;

  2. Itinerary with the dates and locations of the performances;

  3. A copy of the contract between the petitioner and the beneficiary or summary of terms of the oral agreement under which the beneficiary will be employed;

  4. Evidence that the group has been established and performing regularly for at least one year;

  5. Statement from the petitioner listing each member of the group and the exact dates for which each member has been employed on a regular basis by the group; and

  6. Evidence that the group is internationally recognized as outstanding in the discipline for a substantial period of time as demonstrated by evidence of the group’s receipt of, or nomination for, significant international awards or prizes for outstanding achievement in the field, or evidence of at least three of the following:

    • The group has performed and will perform as a starring or leading entertainment group in production or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications, contracts or endorsements;
    • The group has achieved international recognition and acclaim for outstanding achievement in its field as evidenced by reviews in major newspapers, trade journals, magazines or other published materials;
    • The group has performed and will perform services as a leading or starring group for organizations and establishments that have a distinguished reputation as evidenced by articles in newspapers, trade journals, publications or testimonials;
    • The group has a record of major commercial or critically acclaimed successes, as evidenced by indicators such as ratings, box office receipts, record, cassette or video sales, and other achievements as reported in trade journals, major newspapers or other publications;
    • The group has received significant recognition for achievements from critics, organizations, government agencies or other recognized experts in the field; and/or
    • The group has commanded and will command a high salary or other substantial remuneration for services comparable to others similarly situated in the field, as evidenced by contracts or other reliable evidence

Once the USCIS has approved the I-129 petition, the alien may apply at a U.S. embassy or consulate for their P-1B visa, which they will present at a port of entry to request admission into the United States.

The valid initial period of stay granted to P-1B nonimmigrants is the time needed to complete the event, competition or performance, not to exceed one year. Extensions of stay may be granted in increments of up to 1 year in order to continue or complete the event, competition or performance.

For more information aboutP visas, please click on one of the following links: