Adjudicator's Field Manual

Adjudicator’s Field Manual

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Chapter 33 Performing Artists, Entertainers, Athletes and Others of Extraordinary Ability (O & P Classifications). 33.1 Background

33.2 Terminology

33.3 Consultation Requirements and Procedures

33.4 Aliens with Extraordinary Ability in the Sciences, Arts, Education, Business, or Athletics, and Accompanying Aliens (O-1 and O-2)

33.5 Internationally Recognized Athletes and Entertainers (P-1)

33.6 Reciprocal Exchange Artists and Entertainers (P-2)

33.7 Culturally Unique Artists and Entertainers (P-3)

33.8 Expedite Procedures

33.9 Technical Issues

33.10 Special Agreements has been superseded by USCIS Policy Manual, Volume 1: General Policies and Procedures as of May 15, 2020. 33.1 Background.

The Immigration Act of 1990, Pub. L. 101-649 , added the O and P nonimmigrant classes to section 101(a)(15) of the Act. These new classes provided for admission of artists, entertainers and other persons of extraordinary ability. However, as a result of the passage of the Armed Forces Immigration Adjustment Act, Pub. L. 102-110, the use of the O and P classifications was delayed until April 1, 1992. Prior to enactment of these laws, artists, athletes and other performers were admitted under the H-1 (distinguished merit and ability), H-2 or B-1 categor ies. The 1990 amendments also revised the H classifications, effectively barring their continued use by most performing artists and athletes.

33.2 Terminology.

(a) Definition .

A record of proceeding is the organized, official material constituting the record of any application, petition, hearing or other proceeding before USCIS . USCIS has specifically prescribed a format for assembly of a record of proceeding and for identifying record and non-record material. [See Chapter 3(E) of the Records Operations Handbook .] A record of proceedings may be housed in an "A" file or other agency file or it may be housed in a separate file jacket for consideration by the immigration court or an appellate office on appeal, certification or motion. Responsibility for maintaining a record of proceeding lies with the officer to whom the case is assigned.

(b) Exclusion of Restricted Material from a Record of Proceeding .

A director or officer-in-charge may consider and base a decision on information not contained in the record and not made available for inspection by the applicant or petitioner, provided that the regional director has determined that such material is relevant and is classified under Executive Order No. 11652 (37 FR 5209; March 10, 1972) requiring protection from unauthorized disclosure in the interest of national security. Such information will fall into one of the following categories:

· Classified material

· Information confidentially furnished

· Security report from the FBI, other security agencies, or any report from a Government agency carrying a restriction as to its use.

Such material must be maintained separately from the rest of the record, in the manner described in the Records Operations Handbook , Chapter 3(E)(4) .

If the regional director determines that disclosure of information within these categories would be prejudicial to the public interest, safety, or security, a memorandum to that effect must be included in the record of proceeding. Such memorandum should not contain information which would make the memorandum itself classified. [See 8 CFR 103.2(b)(16) .]

(d) Removing Record Material .

If it becomes necessary to remove material from a record of proceedings, either during or following that proceeding, a sheet of plain paper must be inserted in the record in its place. Note on the paper a description of the material removed, the reason for removal and the location where the material will be filed, as well as the name of the employee and date of action.

(e) Availability of Records for Review .

Upon request, a record of proceeding shall be made available to applicants, petitioners and their authorized representatives who have properly filed Form G-28. Appropriate action must be taken to ensure that any non-record materials are not compromised. To ensure this, physically remove either the record or the non- record portion of the file from the file jacket. There are several key definitions contained in the statute or regulations which are peculiar to the O and P nonimmigrant classes. A complete listing can be found at 8 CFR 214.2(o)(3)(ii) and 8 CFR 214.2(p)(3) . The following terms warrant additional discussion because they are particularly important and at times confusing:

· Extraordinary Ability or Achievement . “Extraordinary ability”, as applied to the O-1 classification, is defined in section 101(a)(46) of the Act and further explained in 8 CFR 214.2(o)(3)(ii) . The term refers to individuals with:

– “Sustained national or international acclaim” in their chosen field, including the sciences, arts (performing, visual, culinary, etc.), education, athletics, or business; or

– “Extraordinary achievement” in reference to persons in the motion picture and television industry (including both performers and others).

Neither of these terms precisely equates to the term “distinguished merit and ability” found in the former H-1 category and cited in numerous precedent decisions published prior to the 1990 amendments. Accordingly, those decisions should not be cited in decisions or used as references for O-1 petition adjudication. A more detailed technical discussion of these terms is located in Chapter 33.9.

· Accompanying Aliens . One or more persons who are essential to the performance of an O-1 performer or athlete may be classified as O-2 accompanying aliens. The O-2 alien must be coming solely to assist in the O- 1's performance. The O-2 must be an integral part of the actual performance or events and possess critical skills and experience with the O-1 that are not of a general nature and which cannot be performed by others, i. e. which could not be performed by U. S. workers. If the O-2 alien is accompanying an O-1 alien in the television or motion picture industry, he/she must have skills and experience with the O-1 which are not of a general nature and skills which are critical, due to a pre-e xisting or long-standing working relationship with the O-1. If he/she is accompanying the O-1 for a specific production only, it must be because significant production (pre and post) will take place both inside and outside the U.S. and the continuing participation of this O-2 is essential to the successful completion of the production. The O-2 classification may not be granted for aliens to support other than O-1 performers and athletes. A businessman or scientist, for example, may not have O-2 accompanying aliens. See 8 CFR 214.2(o)(4) . The O-2s may not work separate or apart from the O-1 they support and may change employers only in conjunction with a change of employers by the principal O-1. A separate petition is required for such support personnel.

A P-1, P-2 or P-3 may also have accompanying essential support personnel. A separate petition is required for such support personnel. See 8 CFR 214.2(p)(4)(iv) .

· Peer Group . As used in this chapter, a peer group includes the group of practitioners of an occupation, including a collective bargaining representative, if any. This term may be used to describe an individual or several individuals engaged in the occupation; it may also be an organized group which is recognized as a labor organization, a professional or management organization. A peer group which is a labor organization is generally required for a consultation, although in some fields, there may not be an organized, identifiable peer group. See 8 CFR214.2(o)(3)(ii) .

· Group . The term "group" is defined as two or more persons. This "group" relates only to performing P-1 aliens. It does not include individuals who assist in the presentation who are not on the stage (e.g., lighting or sound technicians). These support aliens would need to be petitioned for as essential support P-1s and a separate petition must be filed for them.

If a solo artist or entertainer traditionally performs on stage with the same group of aliens, e. g., back-up singers or musicians, the act may be classified as group. This group would then need to meet the “75% rule”, and if it does not meet that rule, the artist or entertainer would need to qualify as an O-1 (rather than P-1) and the back-up band as O-2s. The “75% rule” means that 75% of the members of the group must have been performing services for such group (and under the same name as shown on the pet ition) for a minimum of one year or more. See 8 CFR 214.2(p)(4)(i)(B) .

33.3 Consultation Requirements and Procedures.

(a) General .

Along with the supporting documentation, a statutorily mandated consultation process exists for all O and P petitions. This consultation must be from a peer group (which may include a labor organization), labor and/or management organization, having expertise in the alien's field of endeavor. The petitioner has the burden of furnishing a consultation. USCIS has the added burden of obtaining a consultation from a labor organization if the consultation submitted by the petitioner was not from a labor group (if there is an appropriate one in existence for the particular field of endeavor). The source and contents of the consultation varies, depending upon the type of petition:

Petition Source and Contents of Consultation

Consultation must be provided by a U.S. “peer group” regarding the nature of the proposed employment and the caliber of the beneficiary. If a consultation is submitted from other than a labor organization, USCIS must submit a copy of the petition and O-1 supporting documents to the appropriate union (if any exists) for a second opinion. In the case of a petition for an alien of extraordinary achievement in the television or motion picture industry, advisories from both a management organization and labor union are required. See 8 CFR 214.2(o)(5) .

Consultation must be provided from the labor organization having expertise in the skill area required for the O-2 alien. If the O-2 is sought for employment in the motion picture or television industry the consultation must be provided from both a labor union O-2 and a management organization. The consultation must provide information regarding the alien’s particular skills, his or her experience working with the O-1 principal, and whether the project involves a situation that includes work both inside and outs ide the U.S. See 8 CFR 214.2(o)(5)(iv) .

Consultation with an appropriate labor organization, if one exists, is required. The P-1 consultation must address the nature of the proposed work and the alien’s (group’s) qualifications. See 8 CFR 214.2(p)(7)(ii) and (iii) .

Consultation with an appropriate labor organization to verify that a bona fide reciprocal P-2 agreement exists. See 8 CFR 214.2(p)(7)(iv) .

Consultation with an appropriate labor organization to verify the cultural uniqueness of P-3 the entertainer(s) and whether the performances are in a cultural program appropriate for the P-3 classification. See 8 CFR 214.2(p)(7)(v) . P (all) Consultation with an appropriate labor organization. Consultation must address the Essential essential character of the work, the relationship between the principal and support Support workers, and the availability of U.S. workers to do the job. See 8 CFR 214.2(p)(7)(vi) .

The O and P regulations specify mandatory response times for consultations in routine and expedited cases and prescribe action to be taken when a requested opinion is not received. The consultations are advisory in nature only and are not binding on USCIS . A negative consultation does not automatically result in the denial of the petition, as decisions must be based on the totality of the evidence. Accordingly, if the petitioner can submit evidence that overcomes a negative advisory opinion and which establishes the merits of the alien, USCIS may approve the petition.

(b) Use of Prior Consultation .

A consultation for aliens of extraordinary ability in the arts field may be waived by the director if the alien seeks readmission to the United States to perform similar services within two years of the date of a previous consultation. The director, if granting the waiver, must then forward a copy of the petition and documentation to the national office of an appropriate labor organization within 5 days.

A list of organizations which have provided advisory opinions on O-1 and O-2 aliens is included as Appendix 33-1 .

33.4 Aliens with Extraordinary Ability in the Sciences, Arts, Education, Business, or Athletics, and Accompanying Aliens (O-1 and O-2).

(a) Petition Process .

The petition used to apply for the O-1 classification is Form I-129 . The I-129 form will also accommodate a request for a change of classification if the alien is already in the U. S. in another nonimmigrant classification. If an alien is already in the U.S. in O-1 status, and a new employer wishes to petition for him or her, the I-129 will be used to request this and an extension of stay for the O-1. The petition must be filed by a U.S. employer or the U.S. agent of a (U.S. or foreign) employer–but not by a foreign employer who is NOT acting through a U.S. agent–on behalf of an individual alien coming to perform services relating to an event or performance . An O-1 may not petition on his or her own behalf. The I-129 petition will be filed with the service center having jurisdiction in the area where the alien will work. If services will be performed in more than one location, it will be filed with the service center servicing the petitioner's location, or the address which is specified as the petitioner's address on the petition. If the beneficiary will work concurrently for more than one employer during the same time period, each employer must file a separat e petition with the service center having jurisdiction over the area where the alien will perform services, unless an established agent files the petition.

If the O-1 changes employers, the new employer must file a petition with the service center having jurisdiction over the new place of employment.

If conditions of employment change, the petitioner must file an amended petition with the service center where the original petition was filed to reflect any material changes in the terms and conditions of employment or of the beneficiary's eligibility.

All O-1 petitions filed for hockey players or baseball players must be filed and adjudicated at the Nebraska Service Center.

(b) Multiple Beneficiaries .

One or more O-2 accompanying aliens may be included on a petition if they are assisting the same O-1 alien for the same events or performances, during the same time and in the same location. However, if the beneficiaries will be applying at different consulates, a separate petition must be filed for each consulate. This is also true for visa-exempt aliens entering through different ports of entry.

Title 8 CFR 214.2(o)(2)(ii)(E) outlines the additional documentation necessary when an agent is the petitioner for an O. An established U. S. agent may file on behalf of an alien who is self-employed and uses agents to arrange short-term employment with numerous employers or where a foreign employer has authorized an agent to act in its behalf.

(d) Documentary Requirements .

In support of all O-1 petitions, the petitioner must establish that the beneficiary has met the standards or demonstrated that he or she possesses sustained national or international acclaim and recognition in his or her particular field and that the alien is coming to work in that field (but not necessarily that the particular duties to be performed require someone of such extraordinary ability). The following table identifies the regulatory references and documentation for various types of O petitions:

Document Type of O-1/O-2 Examples of Documents Requirements

Major international award (Nobel Prize, major league MVP, etc.); other major awards; membership in Extraordinary organizations which require high achievement; ability: science, significant published material regarding achievements; 8 CFR 214.2(o)(3)(iii) education, business scholarly contributions in field; articles written and or athletics O-1 published in professional journals; prior employment in key role on major projects; high salary offer relative to the field.

Nomination/receipt of major award (Academy Award, Grammy, etc.); prior starring roles in major Extraordinary productions; significant critical acclaim; significant 8 CFR 214.2(o)(3)(iv) ability: arts O-1 recognition from governmental organizations or other recognized experts, record of high salary in relation to others in the field.

Nomination/receipt of major award (Academy Extraordinary 8 CFR 214.2(o)(3)(v) Award, Grammy, etc.); key roles in prior major achievement: productions; significant recognition in the field by motion pictures, critics, etc.; major roles in productions with television O-1 distinguished reputation; major commercial success; significant recognition from governmental organizations or other recognized experts, record of high salary in relation to others in the field.

O-2 accompanying 8 CFR Evidence of current essentiality, skills and experience O-1 artist or athlete 214.2(o)(4)(ii)(A) and of the beneficiary and evidence of prior experience of extraordinary (C) working with the principal. ability

O-2 accompanying Evidence that significant production work has taken 8 O-1 alien of place outside the U.S. and will continue in the U.S. CFR214.2(o)(4)(ii)(B) extraordinary and that the alien's continuing participation is critical and (C) achievement to the success of the production

For an O-1 or O-2 case, the adjudicator must determine whether the alien meets the standards as outlined in the regulations cited above; however, he/she cannot make a favorable determination simply because the petitioner has submitted three of the forms of documentation mentioned. It must be a decision based on whether the total evidence submitted establishes that the alien of extraordinary ability has sustained national or international acclaim and recognition in his field of endeavor; or in the case of an alien of extraordinary ability in the arts and extraordinary achievement in the motion picture or television industry, whether he or she has a demonstrated record of high level accomplishment or a high level of achievement (or "distinction").

(e)(1) Approval. If the petition is approvable from the evidence submitted, endorse the approval block and issue Form I-797 (through CLAIMS) showing the period of validity and the alien beneficiary's name and classification. If the petition is approved after the date the petitioner indicated services would begin, the approved petition will show a validity period commencing with the date of approval and ending with the date requested by the petitioner, not to exceed the period determined by the director to be necessary to complete the event or activity, and not to exceed 3 years. A beneficiary may be admitted to the United States for the validity period of the petition, plus a period of up to 10 days before the validity period begins and 10 days after the validity period ends. The beneficiary may engage in employment only during the validity period of the petition. An extension of stay may be authorized in increments of up to 1 year to continue or complete the same event or activity for which he or she was admitted plus an additional 10 days to allow the beneficiary to get his or her personal affairs in order. (2) Validity Period. There is no stautory or regulatory authority for the proposition that a gap of certain of number of days in an itinerary automatically indicates a "new event." Nonimmigrants described in the O classification are "seek[ing] to enter the United States to continue to work in the area of extraordinary ability," INA 101(a)(15)(O), and may be authorized for a period of stay necessary "to provide for the event (or events) for which the nonimmigrant is admitted," INA 214(a)(2)(A). There is no requirement for a "single" event in the statute. Rather, the focus is on whether the alien will work in the area of extraordinary ability. 8 CFR 214.2(O)(1)(ii)(1) mirrors this language. Further, 8 CFR 214.2(O)(1)(i) states that the O classification is for an alien coming to the U.S. "to perform services relating to an event or events." Thus, there is a clear indication in the regulations that a petition may be approved to cover not only the actual event or events but also services and/or activities in connection with that event or events. 8 CFR 214.2(o)(2)(ii)(C) defines the evidentiary standard for identifying the event or activity relating to the events by requiring "an explanation of the nature of the events or activities and a copy of any itinerary for the events or activities." Unlike other nonimmigrant categories that have a specified time limit, a temporal period is not specified for the Os. The regulations state that the validity period shall be that which is "necessary to accomplish the event or activity, not to exceed 3 years." 8 CFR 214.2(o)(6)(iii). Under 8 CFR 214.2(o)(3)(ii) an event is defined as an activity such as, but not limited to, a scientific project, conference, convention, lecture, series, tour, exhibit, business project, academic year, or engagement. In addition, a job which may not have a specific engagement or project may also fall under this definition if the job is the "activity" within the alien's area of extraordinary ability. Activities such as these may include short vacations, promotional appearances, and stopovers which are incidental and/or related to the event. A group of related activities may also be considered to be an event. However, speculative employment and/or freelancing are not allowed.1 A petitioner must establish that there are events or activities in the alien's field of extraordinary ability for the validity period requested, e.g. an itinerary for a tour, contract or summary of the terms of the oral agreement under which the beneficiary will be employed, contracts between the beneficiary and employers if an agent is being utilized in order to establish the events. If the activities on the itinerary are related in such a way that they could be considered an "event," the petition should be approved for the requested validity period. For example, a series of events that involve the same performers and the same or similar performance, such as a tour by a performing artist in venues around the United States, would constitute an "event." In another example, if there is a break in between events in the United States and the petitioner indicates the beneficiary will be returning abroad to engage in activities which are incidental and/or related to the work performed in the United States it does not necessarily interrupt the original "event." The burden is on the petitioner to demonstrate that the activities listed on the itinerary are related to the event despite gaps in which the beneficiary may travel abroad and return to the United States. Those gaps may include time in which the beneficiary attends seminars, vacations, travels between engagements, etc.2 Those gaps would not be considered to interrupt the original "event," and the full period of time requeted may be granted as the gaps are incidental to the original "event." If a review of the itinerary does not establish an event or activity, or a series of connected events and activities which would allow the validity period requested, or if the petitioner is requesting a validity period beyond the last established event or activity, the adjudicator may, in his or her discretion, issue a Request for Evidence (RFE) so that the petitioner has an opportunity to provide additional documentation to establish the requested validity period. Adjudicators should evaluate the totality of the evidence submitted under the pertinent statute and regulations to determine if the events and activities on the itinerary are connected in such a way that they would be considered an "event" for purposes of the validity period. If the evidence establishes that the activities or events are related in such a way that they could be considered an "event," the adjudicator should approve the petition for the length of the established validity period.

Note

The O-3 spouse and dependent (unmarried minor) children are subject to the same period of admission and limitations as the alien beneficiary, O-1 or O-2. They are not allowed to accept employment unless they have been granted employment authorization. If the spouse or child is in the United States in another nonimmigrant classification, a separate I-539 application for change of status may be filed to request a change of status for that alien to O-3. Form I-539 will also be used if an extension of stay is requested based on the principal alien's stay being extended.

(f) Denial .

The petitioner will be notified of a denial on Form I-797, with attachments as necessary, which will set forth the reasons for the denial and the right to appeal the denial. A denied petition is appealable to the AAO. The appeal must be filed within 30 days on Form I-290B. There is no appeal from a decision to deny an extension of stay to the alien.

Note

If the adjudicator decides to incorporate into the denial decision a negative advisory opinion which USCIS has obtained (separate from one submitted by the petitioner), he or she must provide a copy of the advisory opinion to the petitioner as a notice of intent to deny and give the petitioner an opportunity for rebuttal.

Footnotes

1 Pursuant to 8 CFR 214.2(o)(2)(iv)(D), in the case of a petition filed for an artist or entertainer, a petitioner may add additional performances or engagements during the validity period of the petition without filing an amended petition, provided the additional performances or engagements require an alien of O-1 caliber.

2 Activities engaged in during the beneficiary's trips outside the U.S. should not by themselves be used to limit a validity period. An adjudicator should primarily focus on the relatedness of the activities inside the U.S. to determine whether the beneficiary is engaged in an "event" for purposes of the validity period.

33.5 Internationally Recognized Athletes and Entertainers (P-1).

(a) Process .

A P-1 alien is an internationally recognized athlete or member of an internationally recognized athletic team or a member of an internationally recognized entertainment group. The P-1 athlete may be an individual athlete or a member of an athletic team, however, the P-1 classification is applicable only to members of foreign-based entertainment groups, not individual entertainers. The P-1 alien must be coming to perform; P-1 classification is not appropriate for entertainers coming primarily to take part in other activities such as promotions and non-performing guest appearances. P-1s can do promotional work, however, it must be related to an actual event in which they are going to perform in the United States.

The petition used to apply for the P-1 classification is Form I-129 . Form I-129 will also accommodate a request for change of status if an alien is presently in the U. S. in another nonimmigrant classification. If the alien is already in the U. S. in a P-1 status, and a new employer wishes to petition for him/her, the I-129 will be used to request this and also to request an extension of stay for the alien. New employment, in fact, requires the new employer to file a petition on behalf of the alien. P-1 petitions may be filed by either U. S. or foreign employers or by agen ts. If any conditions of the P-1's employment change, an amended petition must be filed.

The I-129 petition will be filed with the service center having jurisdiction in the area where the alien will work. If services will be performed in more than one location, it will be filed with the service center which has jurisdiction in the area where the petitioner is located, or the address which is specified as the petitioner's address on the petition. If the beneficiary will work for more than one employer within the same time period, each employer must file a separate petition with the service center that ha s jurisdiction over the area where the employment will begin, unless the petitioner is an established agent.

Note: [Added 03-06-2009, AD09-51; 5/9/2019]

USCIS has issued field guidance establishing procedures for applying the period of authorized stay for P- 1 nonimmigrant individual athletes. See Appendix 33-2 .

In addition, USCIS has issued field guidance establishing procedures for applying the period of authorized stay of P-1S nonimmigrant individual athletes' essential support personnel. See Appendix 33- 3. Current DHS regulations provide that an approved P-1 petition for an individual athlete (also known as a P-1A) “shall be valid for a period of up to 5 years.” See 8 CFR 214.2(p)(8)(iii)(A). The general rule for the approval period of a P-1 petition for essential support personnel (also known as P-1S) states that the approved petition “shall only be valid for a period of time determined by the Director to be necessary to complete the event…for which the [P-1] is admitted, not to exceed 1 year.” See 8 CFR 214.2(p)(8)(iii)(E). See also Donald Neufeld, “Procedures for Applying the Period of Authorized Stay for P-1S Nonimmigrant Individual Athletes Essential Support Personnel,” PM HQ 70/6.2.19 p. 2, n.1, July 14, 2009 (July 2009 Neufeld Memo). The exception to that general rule is the period for an extension of stay to continue or complete the same event or activity for essential support personnel of a P-1A individual athlete, which may be approved for a period of up to 5 years, for a total period of stay not to exceed 10 years. See 8 CFR 214.2(p)(14)(ii)(A); 59 Fed. Reg. 41,818 (Aug 15, 1994). USCIS interprets 8 CFR 214.2(p)(14) consistent with its plain language, such that the 5-year extension of stay for a P-1S for an individual athlete is only available when the petition extension requests an extension of stay to continue or complete the same event or activity (and not consulate notification) for a beneficiary who is in the United States in P-1S status at the time the petition extension is properly filed, and the extension of stay request is approved. See 8 CFR 214.2(p)(14)(i), which requires a petitioner seeking an extension to file both an extension of the petition and an extension of stay, and also states that the nonimmigrant applies for a visa at a consular office abroad if the nonimmigrant leaves the United States while the extension requests are pending. Therefore, while the initial validity period of a P-1 petition for essential support personnel is limited to 1 year or less, the validity period of an extension of stay of essential support personnel of a P-1A individual athlete may thereafter exceed one year, provided (1) the purpose is to continue or complete the same event or activity for which they were admitted and (2) it does not exceed the period of time necessary to complete the event, not to exceed 5 years, or a total period of stay of 10 years.

Note:

Petitions filed for hockey players or baseball players as P-1 nonimmigrants must be filed and adjudicated at the Nebraska Service Center.

Note:

An individual entertainer may be a member of a foreign-based "group" which is recognized internationally even if the rest of the group is from (but not based in) the United States and not filing.

For example, if the group is based in London, England and consists of three American expatriates and one British subject, the British subject can be petitioned for as a P-1. Likewise, if an individual entertainer is to join or rejoin his or her foreign-based group which is already touring in the United States as P-1 nonimmigrants, he or she can be petitioned for as an individual P-1.

(b) Multiple Beneficiaries .

A petitioner may file for multiple P-1 beneficiaries that are members of a group seeking classification based on the reputation of the group. However a separate petition must be submitted for the essential support (non-performing) P-1s. More than one P-1 supporting alien may be included on a petition.

A U.S. agent may file a P-1 petition in the case where the beneficiary is in an occupation where workers are generally self-employed, where workers use agents to arrange short-term employment with multiple employers, or where a foreign employer engages a U.S. agent to act in its behalf. See discussion in 8 CFR 214.2(p)(2)(iv)(E) .

(d) Documentary Requirements .

A P-1 petition must be supported by evidence that the individual, group or team is internationally recognized as outstanding in the discipline and that it is entering to perform services which require such a level of performance. If the petition is for a group of entertainers, the petition must contain evidence that at least 75% of the group have been performing with the group for more than one year. See 8 CFR 214.2(p)(4) . The petitioner must submit a consultation as discussed in Chapter 33.3 . The following types of documents are required to establish the level of skill and talent possessed by the P-1 individual or group:

Document Type of P-1 Examples of Documents Requirements

Tendered contract with major U.S. league or team; evidence of participation in international competition with a national team; evidence of significant participation for a U.S. college Individual 8 CFR or university in intercollegiate competition; statement from athlete or 214.2(p)(4)(ii) governing body of a sport, a recognized authority or athletic team member of the news media detailing the alien’s or team’s international recognition; evidence the alien or team has received a significant honor in the sport

Newspaper articles, reviews, etc. showing that the group has performed as a featured group in productions or events with a distinguished reputation; evidence of the group’s Entertainment 8 CFR international recognition and acclaim; evidence of group 214.2(p)(4)(iii)(B) significant commercial success such as high box office receipts, record sales, etc; evidence of major awards; evidence of high salary for performances. Evidence the alien is coming to join (perform in) a circus 8 CFR Circus groups which has a national, substantial, sustained reputation for 214.2(p)(4)(iii)(C) excellence.

Statement describing the alien’s prior essentiality and skills Essential support 8 CFR and experience with the principal alien, group or team. personnel 214.2(p)(4)(iv) (The required consultation will substantiate or refute claims made in the statement.)

(e) Approval .

If the petition is approved after the date the petitioner indicated services would begin, the approved petition will show a validity period commencing with the date of approval and ending with the date requested by the petitioner, not to exceed:

· 5 years for an individual athlete, or

· the period of time determined by the director to be necessary to complete the event or activity for a team or entertainment group, but not to exceed one year;

If the petitioner filed Form I-129 to extend the validity of the original petition in order to continue or complete the same activities or events specified in the original petition, an extension of stay may be authorized in increments of up to one year. Individual athletes may be extended for five years, not to exceed ten years in total.

Any extension of stay or admission may be approved for ten days beyond the petition period.

Note: The P-4 spouse and/or dependent (unmarried minor children) are entitled to the same period of admission and limitations as the principal alien beneficiary. They are not allowed to accept employment unless they have been independently granted employment authorization. If the spouse or child is in the United States in another nonimmigrant classification, a separate I-539 application for change of status may be filed to request a change of status to P-4. Form I-539 will also be used if an extension of stay is requested based on the principal alien's stay being extended.

(f) Denial .

Note:

(g) Substitution of beneficiaries .

A petitioner may request a substitution for one or more members of a group on an approved petition. Such a request may be by letter to a consular officer or immigration officer at a port of entry. New or additional support personnel must be requested through submission of a new petition. See 8 CFR 214.2(p)(2)(iv)(H) . If a group is already in the U. S. performing with approved P-1 classification and the group now needs to add or substitute members, the additions or substitutes should be petitioned as P-1s. Evidence of the original approval and the required consultation will need to be submitted, but the 75% rule is not relevant here, nor does documentation relating to the qualifications of the new members need to be submitted. This is due to the fact that it is the renown of the group which determines whether the new m ember is of P-1 caliber.

33.6 Reciprocal Exchange Artists and Entertainers (P-2).

(a) Petition Process .

A P-2 alien is an alien coming to the U. S. to perform as an artist or entertainer individually or as part of a group or to perform as an integral part of the performance of such group, and who seeks to perform under a reciprocal exchange program .

The petition used to apply for the P-2 classification is Form I-129 . Form I-129 will also accommodate a request for change of status if an alien is presently in the U. S. in another nonimmigrant classification. If the alien is already in the U. S. in a P-2 status, and a new employer wishes to petition for him/her, the I-129 will be used to request this and also to request an extension of stay for the alien. New employment requires the new employer to file a petition on behalf of the alien. P-2 petitions may be filed by either U. S. or foreign employers or by agents.

(b) Multiple Beneficiaries .

P-2 groups can be included on a single petition. Essential support aliens must be on a separate petition from the performers.

A U.S. agent may file a P-2 petition in the case where the beneficiary is in an occupation where workers are generally self-employed, where workers use agents to arrange short-term employment with multiple employers, or where a foreign employer engages a U.S. agent to act in its behalf. See discussion in 8 CFR 214.2(p)(2)(iv)(E) .

(d) Documentary Requirements .

Because there is no requirement that P-2 entertainers be of exceptional ability, supporting documents are limited to basic items: the consultation, a copy of the reciprocal agreement and evidence that the beneficiaries are subject to the reciprocal exchange. Evidence for essential support personnel is the same as that described in AFM Chapter 33.5(d) . At the present time, four P-2 reciprocal agreements have been negotiated. There is one between the American Federation of Musicians (U.S.) and the American Federation of Musicians (Canada), one between Actor’s Equity Association (U.S.) and the Canadian Actors’ Equity Association, one between Actor’s Equity Association (U.S.) and the British Actors’ Equity Association, and one between the International Council of Air Shows and the Canadian Air Show Association.

If a reciprocal agreement is submitted other than these four, the adjudicator must review the agreement to determine if the agreement adheres to the regulatory standard. A list of any new reciprocal agreements will be maintained at USCIS Headquarters.

(e) Approval .

If the petition appears approvable from the evidence submitted, endorse the approval block and issue Form I-797 (through CLAIMS) showing the period of validity and the alien beneficiary's name and classification. If the petition is approved after the date the petitioner indicated services would begin, the approved petition will show a validity period commencing with the date of approval and ending with the date requested by the petitioner, not to exceed the period of time determined by the director to be ne cessary to complete the event or activity, and not to exceed one year.

If the petitioner filed Form I-129 to extend the validity of the original petition in order to continue or complete the same activities or events specified in the original petition, an extension of stay may be authorized in increments of up to one year to continue or complete the same event or activity for which the beneficiary was admitted.

Any extension of stay or admission may be approved for ten days beyond the petition period.

Note:

The P-4 spouse and dependent (unmarried minor) children are subject to the same period of admission and limitations as the principal alien beneficiary. They are not allowed to accept employment unless they have been granted employment authorization. If the spouse or child is in the United States in another nonimmigrant classification, a separate I-539 application for change of status may be filed to request a change of status for that alien to P-4. Form I-539 will also be used if an extension of stay is requested based on the principal alien's stay being extended.

(f) Denial .

The petitioner will be notified of a denial on Form I-797, with attachments as necessary, which will set forth the reasons for the denial and the right to appeal the denial. A denied petition is appealable to the Commissioner (AAU). The appeal must be filed within 30 days on Form I-290B. There is no appeal from a decision to deny an extension of stay to the alien.

Note:

(g) Substitution of Beneficiaries .

33.7 Culturally Unique Artists and Entertainers (P-3).

(a) General.

A P-3 alien is an alien coming to the U. S. solely to perform, teach, or coach under a program that is culturally unique.

The petition used to apply for the P-3 classification is Form I-129 . Form I-129 will also accommodate a request for change of status if an alien is presently in the U. S. in another nonimmigrant classification. If the alien is already in the U. S. in a P-3 status, and a new employer wishes to petition for him/her, the I-129 will be used to request this and also to request an extension of stay for the alien. New employment, in fact, requires the new employer to file a petition on behalf of the alien. P-3 petitions may be filed by either U. S. or foreign employers or by agen ts.

(b) Multiple Beneficiaries .

P-3 groups can be included on a single petition. Essential support aliens must be on a separate petition from the performers.

A U.S. agent may file a P-3 petition in the case where the beneficiary is in an occupation where workers are generally self-employed, where workers use agents to arrange short-term employment with multiple employers, or where a foreign employer engages a U.S. agent to act in its behalf. See discussion in 8 CFR 214.2(p)(2)(iv)(E) .

(d) Documentary Requirements .

Documentation for a P-3 petition is very limited: affidavits or testimonials regarding the beneficiaries’ skills and the cultural uniqueness of the entertainment, the consultation, and evidence that all performances in the engagement are cultural in nature. Evidence for essential support personnel is the same as that described in paragraph 33.5(d) .

(e) Approval .

If the petition appears approvable from the evidence submitted, endorse the approval block and issue Form I-797 (through CLAIMS) showing the period of validity and the names of the alien(s) and classification. If the petition is approved after the date the petitioner indicated services would begin, the approved petition will show a validity period commencing with the date of approval and ending with the date requested by the petitioner, not to exceed the period of time determined by the director to be neces sary to complete the event or activity, and not to exceed one year.

If the petitioner filed Form I-129 to extend the validity of the original petition, in order to continue or complete the same activities or events specified in the original petition, an extension of stay may be authorized in increments of up to one year to continue or complete the same event or activity for which the beneficiary was admitted.

Any extension of stay or admission may be approved for ten days beyond the petition period.

Note:

(f) Denial -- Appealable to Director AAO .

Note:

If the adjudicator decides to incorporate into the denial decision a negative advisory opinion which USCIS has obtained (separate from one submitted by the petitioner), the he or she must provide a copy of the advisory opinion to the petitioner as a notice of intent to deny and give the petitioner an opportunity for rebuttal.

(g) Substitution of Beneficiaries .

33.8 Expedite Procedures.

If the alien will be employed in the fields of art, entertainment, or athletics, and USCIS has determined that a petition merits expeditious handling, USCIS will telephonically contact the appropriate peer group, labor, and/or management organization and request an advisory opinion if one is not submitted by the petitioner. The organization will then have 24 hours to respond telephonically to the request. If no response to the request is received, the USCIS shall render a decision on the petition without an advisory opinion.

33.9 Technical Issues.

(a) Extraordinary Ability .

USCIS has interpreted the term "distinction" as it relates to O-1 artists and entertainers to be identical to the prior H-1B standard for prominent aliens. However, the standards for O-1 aliens in the fields of business, education, athletics and the sciences are extremely high and should be reserved only for those aliens who have reached the very top of their occupation or profession. The O-1 classification here is substantially higher than the former H-1 “prominent” standard which required merely an undergraduate degree in a related field. Adjudicators should not "water down" the classification by approving O-1 petitions for “prominent” aliens in these other fields. The vast majority of the aliens seeking O-1 classification will be eligible for H- 1B classifica tion as most of the occupations will probably be specialty occupations.

(b) Extraordinary Achievement .

Extraordinary achievement in respect to motion picture and television productions means a high level of accomplishment which is shown by a degree of skill and recognition substantially above that ordinarily encountered--to the extent that the alien is recognized as outstanding, leading, or well-known in the field.

In support of all O-1 petitions, the petitioner must establish that the alien has been recognized as having a demonstrated record of extraordinary achievement (i. e., has been nominated for or been the recipient of significant national or international awards or prizes) and that the position is in the field in which the alien possesses such extraordinary achievement. Awards such as an Academy Award, an Emmy, a Grammy or a Director's Guild Award would certainly qualify the alien; however, even if he/she has not received such an award there may be sufficient other evidence submitted to establish that he or she has attained a high level of accomplishment in the television or motion picture industry. The regulations do not limit these individuals to the small percentage who have risen to the top of their field.

A coach or trainer of a United States sports team comprised totally of U. S. citizens or athletes is not eligible for P-1 status since the coach is not performing and he or she is not supporting a P-1 athlete. If he or she has a high level of renown, a coach or trainer might be eligible for O-1; however, those standards are extremely high and most coaches would not qualify as O-1s. Depending on the coach's qualifications, he or she might be eligible for H-1B status while others might qualify for H-2-B if th ere is a temporary need for the coach's services.

(d) Professional vs. Amateur Entertainers :

With regards to entertainers, the O-1 and P-1 classifications relate only to professionals, not amateurs. However, unpaid entertainers may be eligible under certain circumstances for B-1 nonimmigrant classification (see IFM Chapter 15.4(b)(1)(B) .)

33.10, Special Agreements, has been superseded by USCIS Policy Manual, Volume 1: General Policies and Procedures as of May 15, 2020. Appendix 33-1 Address Index for I-129 O & P Consultation Letters [Added 10/24/2011]

A consultation letter from a U.S. peer group, labor organization, and/or management organization is generally required for petitions in the O and P visa classifications (please refer to the evidentiary requirements, including the consultation requirements, for the specific O or P classification you are seeking). The following is a list of known organizations that have agreed to provide consultation letters. This is not an exhaustive list. We plan to update this list on a quarterly basis. If you would like to send us any updates or request to be removed from the list, please email us at [email protected]. Table 1: Labor Organizations Organization and Address Contact Information Covered Occupations Actors’ Equity Association (AEA) Fax: 212-719-9815 Performers (other than musicians), stage Attn: Immigration Phone: 212-869-8530 managers, assistant 165 West 46th Street Email: [email protected] stage managers New York, NY 10036 employed in the www.actorsequity.org “live”, dramatic, and musical theater. Jurisdiction also includes revues and theatre at theme parks. American Federation of Musicians Fax: 212-764-4974 All instrumental (AFM) musicians. Includes all Phone: 212-869-1330 musicians and Attn: George Fiddler vocalists established as 1501 Broadway part of the musical Suite 600 group, conductors, New York, NY 10036 music librarians, www.afm.org arrangers, copyists. American Guild of Musical Artists Fax: 212-262-9088 Concert and solo (AGMA) singers, solo and Phone: 212-265-3687 group instrumentalists Attn: Susan Davison (may include th Email: [email protected] 1430 Broadway, 14 Floor singers), dancers, New York, NY 10018 choreographers, stage www.musicalartists.org directors, stage managers, stage assistant directors, assistant stage managers, stage production personnel Organization and Address Contact Information Covered Occupations employed by dance and opera companies and employers other than Broadway and Off-Broadway productions, narrators in concert, recital, oratorio, opera and dance. Also COVERS and other live performers not covered by other unions such as Actors’ Equity or AGVA (including songwriters, skaters, circus acts, mimes, and puppeteers). Also covers live performers in new media formats and actors in non- Equity productions. American Guild of Organists (AGO) Fax: 212-870-2163 Organists and choral National Headquarters conductors Phone: 212-870-2310 Attn: James E. Thomashower 475 Riverside Drive, Suite 1260 Email: [email protected] or [email protected] New York, NY 10115 www.agohq.org American Guild of Variety Artists All public inquiries: Musical and variety (AGVA) performers in live http://www.agvausa.com/immigrationform.html performances in non- Attn: Immigration Consultation Fax: 212-633-0097 book revues, 363 Seventh Avenue comedians, theatrical th 17 Floor Phone: 212-675-1003 ice skaters, circus acts, New York, NY 10001-3904 certain lecture and Email: [email protected] www.agvausa.com speaking artists, [email protected] certain cabaret and night club performers, and sports-people appearing in non- competitive entertainment shows.

Organization and Address Contact Information Covered Occupations DOES NOT cover actors or performers in plays (contact Actors’ Equity), opera-ballet-modern dance or classical music performers (contact AGMA, American Guild of Musical Artists), musicians (contact American Federation of Musicians) unless they also sing or dance or otherwise perform in addition to playing an instrument, or performers appearing in non-live performances such as those employed for television, radio, film, or internet or P-1A ice skaters in theatrical performances. The Animation Guild (TAG) Fax: 818-843-0300 Animation artists in the Los Angeles ADVISORY OPINION REQUEST Phone: 818-845-7500 area. This is Local Attn: Jason MacLeod, Business Email: [email protected] 893 of International Representative Alliance of Theatrical 1105 North Hollywood Way Stage Employees Burbank, CA 91505 (IATSE). This is the https://animationguild.org/about-the- only IATSE Local that guild/advisory-opinion provides its own advisory opinions. Association of Theatrical Press Agents Fax: 212-302-1585 Theater and concert and Managers hall managers, Phone: 212-719-3666 company managers, Attn: Tito Sanchez Email: [email protected] and press 14 Penn Plaza agents/publicists. 225 W. 34th Street Suite 1703 New York, NY 10122 www.atpam.com Organization and Address Contact Information Covered Occupations Directors Guild of America National Fax: 310-289-2024 Directors, unit Headquarters production managers, Phone: 310-289-2000 assistant directors, Attn: Sonja Renz Email: [email protected] associate directors, 7920 Sunset Blvd. technical coordinators Los Angeles, CA 90046 and stage managers www.dga.org employed on theatrical or feature motion pictures, commercials, documentaries, live and prerecorded television programs on film and tape, music and other videos, industrial film and videos, documentary films and videos and all film and tape material produced for video cassettes. Will provide consultations for accompanying aliens in the following categories: assistant director, associate director, stage manager, technical coordinator, and unit production manager. International Alliance of Theatrical Fax: 212-730-7809 Professionals in live Stage Employees, Moving Picture theatre, motion Technicians, Artists and Allied Crafts Phone: 212-730-1770 picture and television of the United States, its Territories productions and Canada (IATSE) including: cinematographers, I.A.T.S.E technical and craft 207 West 25th St., 4th Floor personnel, animation, New York, NY 10011 computer generated Attn: Davel Hamue/Immigration Dept. imagery, hair & make- up, post- production, www.iatse-intl.org projection and audio- visual, scenic artists, stagehands, trade Organization and Address Contact Information Covered Occupations show/exhibition, treasurers and ticket sellers, wardrobe, television broadcasting, concerts; as well as the equipment and construction shops that support all these areas of the entertainment industry. Note: With the exception of Local 839 (the Animation Guild), ALL consultation requests for IATSE local chapters should go through this contact. Major League Soccer Players Union Fax: 301-907-8212 Soccer players. 7700 Old Georgetown Road Phone: 301-657-3535 Suite 730 Bethesda, MD 20814 Email: [email protected] www.mlsplayers.org National Basketball Players Fax: 212-655-0881 Basketball players. Association Phone: 212-655-0880 Attn: Kirk Berger 800-955-6272 1133 Avenue of Americas 5th Fl. New York, NY 10036 Email: [email protected] or [email protected]. www.nbpa.com National Writers Union/UAW Local Fax: 212-254-0673 Freelance (including 1981 technical) writers in Phone: 212-254-0279 all media (except Attn: Larry Goldbetter Email: [email protected] film, screenplays, 256 West 38th St., Suite 703 graphic arts). New York, NY 10018 www.nwu.org The NewsGuild - CWA Fax: 202-434-1472 Media occupations, including journalists, Organization and Address Contact Information Covered Occupations Attn: Kristina Harrison Phone: 202-434-1270 online writers and 501 Third Street, NW, 6th Floor designers, reporters, Washington, DC 20001 Email: [email protected] photographers, editors, editorial www.newsguild.org/O1-visa-requests artists, correspondents, typographers, advertising sales people, marketing, information systems specialists, commercial artists, etc. Screen Actors Guild/American Fax: 323-549-6624 Actors, announcers, Federation of Television and Radio broadcasters, Artists (SAG-AFTRA) Phone: 323-549-6632 journalists, dancers, [email protected] or [email protected] DJs, news writers, Attn: Steve Otroshkin news editors, 5757 Wilshire Blvd, 7th Floor program hosts, Los Angeles, CA 90036-0800 puppeteers, recording www.sagaftra.org artists, singers, stunt performers, voiceover artists and other media professionals working in entertainment and news media. This office handles ALL consultation inquiries. Do not direct correspondence to the SAG-AFTRA NY division. The Stage Directors and Fax: 212-302-6195 Directors and Choreographers Society (SDC) choreographers Phone: 212-391-1070 working in Broadway 321 West 44th Street 800-541-5204 and National tours, Suite 804 Off-Broadway, New York, NY 10036 Email: [email protected] Resident Theatre, www.sdcweb.org Dinner Theatre, Regional Musical Theatre Outdoor musical stock and League of Resident Theatres. Organization and Address Contact Information Covered Occupations Studio Transportation Drivers— Fax: 818-985-0097 Workers in the Teamsters Local 399 motion picture Phone: 818-985-7374 industry, including Attn: Leo T. Reed, Division Director Email: [email protected] firms that produce 4747 Vineland Avenue feature films, North Hollywood, CA 91602 television programs, www.ht399.org commercials and live theatrical productions. Note: On 8/5/2010, this union entered into a pact with IATSE, both of which service movies and TV productions throughout the industry. United Scenic Artists Fax: 212-977-2011 Professional scenic designers, scenic th 29 West 38 Street Phone: 212-581-0300 artists, production 15th Floor Email: [email protected] designers, costume New York, NY 10036 and lighting www.usa829.org designers, diorama and display workers (IATSE local 829) and mural artists employed by television, theater, commercial producers and motion picture studios. Writers Guild of America, East Fax: 212-582-1909 Writers of television shows, movies, news Attn: Anne Burdick Phone: 212-767-7800 programs, 250 Hudson Street, Suite 700 documentaries, New York, NY 10013 animation, CD-ROMs www.wgaeast.org and content for new- media technologies. The East Coast office covers Europe and half of Canada.

Writers Guild of America, West Fax: 323-782-4800 Same as above. The West Coast office Phone: 323-782-4501 (covers Asia and half of Canada). Organization and Address Contact Information Covered Occupations Attn: Bertha Garcia 7000 West 3rd Street Los Angeles, CA 90048 www.wga.org Table 2: Management Organizations Organization and Address Contact Information Industries covered Alliance of Motion Picture & Phone: 818-995-3600 Professionals involved in Television Producers (AMPTP) the production of motion Hotline: 818-935-5938 pictures, television, web- Attn: Immigration Fax: 818-285-4450 based series/programs, 15301 Ventura Boulevard, Building E commercials or music Sherman Oaks, CA 91403 Email: [email protected] videos. http://amptp.org/immigration.html Association of Independent Phone: 212-929-3000 Commercials. Producers Commercial Producers (AICP) of commercials on various Fax: 212-929-3359 media (film, video, Attn: David Stewart, Manager of Email: [email protected] digital) for advertisers and Membership agencies 3 West 18th Street 5th Floor Note: Provides consultations for New York, NY 10011 members only. www.aicp.com Table 3: Peer Groups Organization and Address Contact Information Serviced Occupations American Culinary Phone: 904- 484-0231 Professional chefs, Federation cooks and pastry chefs. 800-624-9458 Attn: Leshay Main 180 Center Place Way Fax: 904-940-0741 St. Augustine, FL 32095 Email: [email protected] or [email protected] www.acfchefs.org American Folklore Society Phone: 812-856-2379 Folklore, ethnic arts, folk arts, folk craft, folk Attn: Dr. Meredith McGriff, Fax: 812-856-2483 dance, and music Membership Coordinator Email: [email protected] traditions of many Classroom-Office Building cultures. Indiana University 800 East Third Street Bloomington, IN 47405 www.afsnet.org Organization and Address Contact Information Serviced Occupations American Motorcyclist Phone: 614-856-1900 Amateur motorsports Association competition and Fax: 614-856-1924 motorcycle recreational Attn: Bill Cumbo events. 13515 Yarmouth Drive Pickerington, OH 43147 www.americanmotorcyclist.co m American Motorcyclist Phone: 386-492-1014 Professional motorspor Association Pro Racing ts competition and Fax: 386-274-2335 motorcycle recreational 525 Fentress Blvd.Suite B events. Daytona, FL 32114 www.amaproracing.com American Society for Phone: 240-428-3650 Research in the fields of Nutrition animal and human Fax: 240-404-6797 nutrition. 9211 Corporate Blvd., Suite 300 Rockville, MD 20850 www.nutrition.org American Psychiatric Phone: 703-907-7300 Psychiatrists Association Fax: 703-907-1085 1000 Wilson Blvd., Ste. 1825 Arlington, VA 22209 Email: [email protected] www.psychiatry.org Americans for the Arts Phone: 202-371-2830 Arts and art education at the community 1000 Vermont Ave, NW, 6th Fax: 202-371-0424 level. Arts-industry Floor research and Washington, DC 20005 professional www.americansforthearts.org development.

American Society of Media Phone: (240)601-8041 Protect and promote the Photographers (ASMP) interests of professional Fax: None still and motion Attn: Tom Kennedy Email: [email protected] photographers, and P.O. Box 31207 associated imaging Bethesda, MD, 20824 professionals. www.asmp.org Organization and Address Contact Information Serviced Occupations American Photographic LA phone: (323)-933-1631 director@apa-la- Nonprofit trade Artists (APA) .com organization built by photographers for APA National NY Phone: 212-807-0399 photographers. Attn: Juliette Wolf-Robin 5042 Wilshire Blvd., #321 Fax: None Los Angeles, CA 90036 Email: [email protected] APA New York Chapter P.O.Box 1514 217 E 70th St. New York, NY 10021 www.ny.apanational.org www.apanational.org The American Institute of Phone: 202-626-7379 Architects Architects (AIA) Fax: 202-626-7426 Attn: Jay A. Stephens, Hon. AIA Email: [email protected] Senior Vice President and General Counsel 1735 New York Avenue, NW, Washington, DC 20006 www.aia.org American Institute of Phone: 212-807-1990 Graphic design, Graphic Arts (AIGA) typography, interaction Fax: None design, branding and Attn: Membership identity. 233 Broadway, 17th Floor Email: [email protected] New York, NY 10279 www.aiga.org The Asia Society Phone: 212-288-6400 Asian performers and cultural events. Attn: Director of Performances, Fax: 212-517-8315 Films and Lectures Dept. 725 Park Avenue Email: [email protected] New York, NY 10021 www.asiasociety.org Association of Independent Phone: 212-929-3000 Producers of Commercial Producers commercials on various (AICP) Fax: 212-929-3359 media (film, video, Email: [email protected] digital) for advertisers Attn: David Stewart, Manager and agencies. of Membership Organization and Address Contact Information Serviced Occupations

3 West 18th Street Note: Provides consultations 5th Floor for members only. New York, NY 10011 www.aicp.com Association of Performing Phone: 202-833-2787 Performing arts Arts Presenters presenters, including Fax: 202-833-1543 centers, municipal and 1211 Connecticut Ave., NW, Email: [email protected] university performance Suite 200 facilities, nonprofit Washington, DC 20036 performing arts centers, culturally specific www.apap365.org organizations, foreign governments, as well as artist agencies, managers, touring companies, and national consulting practices that serve the field, and self- presenting artists Note: Members only. Association of Professional Landscape Designers Association of Professional Phone: 717-238-9780 Professionals in the field Landscape of landscape Designers 2207 Forest Fax: 717-238-9985 design. There are Hills Drive Email: [email protected] several chapters – this Harrisburg, PA 17112 contact is the headquarters. www.apld.org The Authors Guild Phone: 212-563-5904 Working writers. Attn: Michael Gross Fax: 212-564-5363 31 East 32nd Street, 7th Floor New York, NY 10016 Email: [email protected] www.authorsguild.org

California Arts Council Phone: 916-322-6555 Dance, theater, music, visual arts, video, 1300 I Street, Suite 930 Fax: 916-322-6575 literature, opera, Sacramento, CA 95814 Email: [email protected] musical theater, inter- www.cac.ca.gov Organization and Address Contact Information Serviced Occupations disciplinary arts, crafts and architecture. Carnegie Hall Phone: 212-903-9600 Music and musicians. 881 Seventh Avenue Fax: None New York, NY10019 www.carnegiehall.org

The One Club for Creativity Phone: 212-979-1900 Covered Occupations: Professionals in the Attn: Justin Epstein fields of visual 260 Fifth Avenue, Second Fax: 212-643-4266 communications such as Floor advertising, design, and New York, NY 10001 Email: [email protected] interactive media. www.oneclub.org Dance/USA Phone: 202-833-1717 Dancers, dance groups, choreographers, dance Attn: Director of Government instructors and teachers. Affairs Fax: 202-833-2686 1029 Vermont Ave, NW Washington, DC 20005 Email: [email protected] www.danceusa.org The Department of Producers Phone: 787-721-2006 Oversees all public of Public Events of Puerto events/concerts held by Rico (Colegio de Productores local producers in the de Espectaculos Publicos de Commonwealth of Puerto Rico, Inc.) Puerto Rico. P.O. Box 13717 San Juan, Puerto Rico 00908 www.copep.org Dramatists Guild of America Phone: 212-398-9366 Professional association which advances the Attn: Amy Von Vett Fax: 212-944-0420 interests of playwrights, 1501 Broadway, Suite 701 Email: [email protected] composers, lyricists and New York, NY 10036 librettists writing for www.dramatistsguild.com the living stage. English-Speaking Union of Phone: 212-818-1200 A nonprofit, non- the United States political, educational Fax: 212-867-4177 organization whose Attn: The Andrew Romay New Email: [email protected] mission is to celebrate Immigrant Center English as a shared language to foster Organization and Address Contact Information Serviced Occupations

144 East 39th Street global understanding New York, NY 10016 and good will by providing educational www.esuus.org and cultural opportunities for students, teachers and members. Fractured Atlas Phone: -(888)692-7878 Arts, including among others, the performing, 248 West 35th Street, Email: [email protected] visual, literary, design th 10 Floor and media arts. New York, NY 10001-2505 Note: Please www.fracturedatlas.org visit our webpage for information on submitting documentation in support of a consultation letter. Institute for Certification of Phone: 847-299-4227 Professionals in the Computing Professionals computer industry. 800-843-8227 2400 East Devon Avenue, Suite 281 Fax: 847-299-4280 Des Plaines, IL 60018 Email: [email protected] www.iccp.org International Brotherhood of Phone: 636-724-2400 Association for Magicians professional magicians. Fax: 636-724-8566 Headquarters Office Note: Consultation letters 13 Point West Blvd. Email: [email protected] only available to members. St. Charles, MO 63301-4431 www.magician.org International Council of Air Phone: 703-779-8510 Air show performers Shows (ICAS) and organizers. Fax: 703-779-8511 748 Miller Drive SE, Suite G-3 Leesburg, VA 20175 www.airshows.aero International Game Phone: 856-423-2990 Video/computer game Developers Association developers. (IGDA) Fax: 856-423-3420 Note: Members only. Email: [email protected]

Organization and Address Contact Information Serviced Occupations 19 Mantau Road Mt. Royal, NJ 08061 www.igda.org IMG Artists North/South Phone: 212-994-3500 Arts management for America independent clients, arts Fax: 212-994-3550 institutions, concert Pleiades House halls and culturally th Email: [email protected] 7 West 54 Street engaged corporations. New York, NY 10019 https://imgartists.com IMG Artists/ GSA, Los Phone: 818-260-8523 Same as above: West Angeles Coast. Fax: 818-260-8552 4111 West Alameda Ave., Suite 509 Email: [email protected] Burbank, CA 91505 https://imgartists.com Kentucky Center for the Arts Phone: 502-562-0100 Music, dance, theater, diverse variety of 501 West Main Street Fax: None performances, including Louisville, KY 40202 Email: [email protected] folk arts. www.kentuckycenter.org League of American Phone: 202-776-0215 Soloists, conductors, Orchestras musicians, and Email: [email protected] symphony orchestras. 910 17th Street, NW Suite 800 Washington, DC 20004 www.americanorchestras.org Music Video Production Email: [email protected] Music video production Association (MVPA) and post-production companies, editors, Attn: Fuliane Petikyan directors, producers, 201 N. Occidental Street cinematographers, Los Angeles, CA 90026 choreographers, script www.mvpa.com supervisors, computer animators and make-up artists. National Storytelling Phone: 800-525-4514 Preservation and growth Network of the art of storytelling. 423-913-8201

Organization and Address Contact Information Serviced Occupations P.O. Box795 Fax: 423- 753-9331 Jonesborough, TN 37659 www.storynet.org New York Gilbert & Sullivan Phone: 212-769-1000 Professional artist Players managers, including Fax: 212-769-1002 agent-managers, Attn: David Wannen Email: [email protected] presenters, and artists. 225 West 99th Street New York, NY 10025 www.nygasp.org Opera America Phone: 212-796-8620 Opera artists and opera support, such as set Attn: Justin Giles Fax: 212-796-8631 designers and stage th 330 7 Avenue directors. 16th Floor Email: [email protected] (Note: Please New York, NY 10001 indicate in the subject line if expedited or rush service is needed). www.operaamerica.org

Producers Guild of America, Fax: 310-358-9520 Members of the Inc. producing team in film, Phone: 310-358-9020 television and new For O-1 and O-2 Email: [email protected] media. Includes all submissions: producer titles as well as Producers Guild of America, line, story, field, Inc. production, visual Attn: Arielle Conwell effects and post- 8530 Wilshire Blvd., Suite 400 production. Beverly Hills, CA 90211 www.producersguild.org Professional Skaters Phone: 507-281-5122 Skaters and skating Association coaches. Fax: 507-281-5491 3006 Allegro Park Lane SW Rochester, MN 55902 Email: [email protected] https://skatepsa.com/ Skate Park Association Phone: 310-827-2700 Skateboarders, skate International parks Fax: 310-827-2700 Attn: Heidi Lemmon 2118 Wilshire Blvd. # 622 Email: [email protected] Santa Monica, CA 90403 www.spausa.org Organization and Address Contact Information Serviced Occupations Society of Motion Picture and Phone: 914-761-1100 Professionals in the field Television Engineers of motion imagining; (SMPTE) Fax: 914-761-3115 includes engineers, technical directors, th 3 Barker Ave 5 Floor cameramen, editors, White Plains NY 10601 technicians, manufacturers, www.smpte.org/ designers, educators and field users in networking, compression and encryption. Theatre Communications Phone: 212-609-5900 Professional, Group community and Fax: 212-609-5901 university Attn: Laurie Baskin theatres. Includes th Email: mailto:[email protected] 520 Eighth Ave., 24 Floor theatre companies and New York, NY 10018-4156 individual artists in the www.tcg.org field of theatrical endeavors. U.S. Chess Federation Phone: 931-787-1234 Chess players; represents the U.S. in P.O. Box 3967 Fax: 931-787-1238 the World Chess Crossville, TN 38557 Email: [email protected] Federation and www.uschess.org sanctioning body of chess tournaments. USA Rugby Phone: 303-539-0300 National governing body of rugby in 2655 Crescent Dr., Unit A Fax: 303-539-0311 America, including the Attn: Melissa Von Keyserling Olympic Games. U.S.A. Lafayette, CO 80026 Rugby Football Union www.usarugby.com DBA USA Rugby. This is not a labor organization. USA Wrestling Phone: 719-598-8181 National governing body for the sport of Attn: Hailey Scherr Fax: 719-598-9440 wrestling in America, 6155 Lehman Drive Email: [email protected] including the Olympic Colorado Springs, CO 80918 Games. www.teamusa.org/USA- Wrestling U.S. Dressage Federation Phone: 859-971-2277 Competitive dressage, including musical Fax: 859-971-7722 freestyle, sport horse Organization and Address Contact Information Serviced Occupations 4051 Iron Works Pkwy Email: [email protected] breeding and Lexington, KY 40511 performances incorporating multiple www.usdf.org horses and riders. U.S. Equestrian Federation Phone: 859-258-2472 Equestrian competitors; (USEF) National governing Fax: 859-231-6662 body for Equestrian Attn: Amelia Sandot Email: [email protected] or [email protected] Sport, including the 4047 Iron Works Pkwy Olympic Games. Lexington, KY 40511 g www.usef.org U.S. Figure Skating Phone: 719-635-5200 National governing Association body for the sport of Fax: 719-635-9548 figure skating, Attn: Kristen Habgood Email: [email protected] including the Olympic 20 First Street Games. Colorado Springs, CO 80906 www.usfsa.org United States Polo Phone: 800- 232-8772 Sport of polo. Association Fax: 859-219-0520 Note: Members only Attn: Bev Basist 12300 South Shore Blvd., Suite Email: [email protected] or lebersbach@uspolo. 218 org Wellington, FL 33414 Fax: 888-391-7410 Email: [email protected] United States Trotting Phone: 614-224-2291 Owners, breeders, Association drivers, trainers and Dan Leary ext. 3233 officials. Regulatory Attn.: Dan Leary OR T.C. Lane body for harness racing. 6130 S. Sunbury Road T.C. Lane ext. 3203 Westerville, OH 43081-9309 877-800-8782 www.ustrotting.com Fax: 614-224-4575 Visual Effects Society Phone: 818-981-7861 Visual effects practitioners including: Attn: Colleen Kelly Fax: 818-981-0179 artists, technologists, 5805 Sepulveda Blvd., Suite Email: [email protected] or model makers, 620 educators, studio Sherman Oaks, CA 91411 leaders, supervisors, PR/marketing www.visualeffectssociety.com specialists and producers in all areas of entertainment including Organization and Address Contact Information Serviced Occupations film, television, commercials, music videos and games. Western States Arts Phone: 303-629-1166 Artists, musicians, Federation technology experts and 888-562-7232 arts administration. All 1743 Wazee Street, Suite 300 fields of art and culture. Denver, CO 80202 Fax: 303-629-9717 www.westaf.org Email: [email protected] (Janae De La Virgin)

Appendix 33-2 March 6, 2009 Memorandum - Procedures for Applying the Period of Authorized Stay for P-1 Nonimmigrant Individual Athletes [Added 03-06-2009, AD09-51]

Appendix 33-3 July 14, 2009 Memorandum - Procedures for Applying the Period of Authorized Stay for P-1S Nonimmigrant Individual Athletes' Essential Support Personnel [Added 07-14-2009, AD09-51]

U.S. Citizenship and Immigration Services Office of Domestic Operations (MS 2110) Washington, D.C. 20529

HQ 70/6.2.19 7-14-09 Memorandum

TO: Dan Renaud, Director Vermont Service Center

Christina Poulos, Director California Service Center

FROM: Donald Neufeld/s/ Acting Associate Director, Domestic Operations

SUBJECT: Procedures for Applying the Period of Authorized Stay for P-1S Nonimmigrant Individual Athletes’ Essential Support Personnel

On March 6, 2009, a memorandum was issued entitled “Procedures for Applying the Period of Authorized Stay for P-1 Nonimmigrant Individual Athletes” (the “March 2009 memo”) which provided United States Citizenship and Immigration Services (USCIS) personnel with instructions for applying the period of authorized stay for P-1 individual athletes. It did not apply to aliens serving in a support capacity, P-2 or P-3 category or derivatives.

This memorandum extends the March 6, 2009 guidance to P-1 essential support personnel (“P- 1S personnel”) of P-1 individual athletes. Specifically, this memorandum clarifies that P-1S essential support personnel of individual athletes: • Are not subject to a lifetime admission limit of 10 years in the United States;

• May reapply for a new P-1S initial period of admission, based on an approved petition, after they have been in the United States for a 10 year period; and

• Must depart the United States after 10 years in order to be eligible for a new initial period of admission of up to 1 year. Page 2 Procedures for Applying the Period of Authorized Stay for P-1Individual Athletes’ Essential Support Personnel

Similar to section 214(a)(2)(B) of the Immigration and Nationality Act (INA) for individual athletes, section 214.2(p)(14)(ii)(A), Title 8, of the Code of Federal Regulations (CFR) provides that an extension of stay for a P-1 individual athlete’s P-1S personnel may be authorized for a period up to 5 years for a total period of stay not to exceed 10 years. Based on a review of the pertinent regulations, USCIS has determined that it is appropriate to extend the policy set forth in the March 2009 memo regarding P-1 individual athletes to their P-1S essential support personnel. As set forth in that memo, neither INA 214(a)(2)(B) nor 8 CFR 214.2(p)(14)(ii)(A) create a lifetime limit of 10 years on admission as a P-1 nonimmigrant individual athlete; rather, these provisions merely prescribe the athlete’s maximum period of authorized stay as a P-1 nonimmigrant before he or she must depart from the United States and again seek readmission, on the basis of an approved petition, in P-1 classification. Similarly, neither of these two provisions set forth a lifetime limit for P-1S personnel. As in the case of their P-1 athlete counterparts, P-1S essential support personnel who have been in the United States for 10 years are merely required to depart the United States at the end of the ten-year period and, based on an approved petition, reapply for admission as a P-1S nonimmigrant for a new initial period of stay.1 Extending this policy to nonimmigrant P-1S personnel provides consistency by affording them the same maximum authorized period of stay as their P-1 individual athlete counterparts, before such essential support personnel must depart from this country and reapply for admission on the basis of a new initial petition.

Field Guidance

USCIS hereby clarifies that P-1S personnel of individual athletes are not subject to a lifetime admission period of 10 years. Persons admitted as P-1S essential personnel may not receive extensions of stay beyond the ten-year period ; however, they may reapply for a new P-1S initial period of admission, on the basis of an approved petition filed on their behalf, after they have been in the United States for such a 10-year period. As in the case of P-1 individual athletes, P- 1S essential support personnel of such individual athletes must depart the United States after 10 years in order to be eligible for the new initial period of admission.

Aliens seeking nonimmigrant status as P-1S essential support personnel must still meet all of the substantive requirements for such classification, and are subject to the normal rules applicable to all nonimmigrants, including current visa validity and reciprocity periods as well as maintenance of status.

This guidance extends only to P-1 essential support personnel of nonimmigrant P-1 individual athletes, as defined in 8 CFR 214.2(p)(3), and does not apply to aliens serving in a P-1, P-2 or

1 It should be noted that, although, under 8 CFR 214.2(p)(8)(iii)(A), an initial P-1 nonimmigrant petition filed on behalf of an individual athlete may be granted for a period of up to five years, the initial petition validity period essential support personnel may not exceed one year. See 8 CFR 214.2(p)(8)(iii)(E). Thereafter, in order to continue to provide such essential support to the P-1 individual athlete, a P-1S nonimmigrant may seek an extension of stay, based on an approved petition, for a period of up to five years, as well as further extensions of stay thereafter, if necessary, until the ten-year maximum period of stay allowed for P-1 individual athletes under 8 CFR 214.2(p)(14)(ii)(A) has been reached. Any such extension periods must be solely for the purpose of providing essential support to the P-1 individual athlete. Page 3 Procedures for Applying the Period of Authorized Stay for P-1Individual Athletes’ Essential Support Personnel

P-3 support capacity for aliens who were not admitted to the United States as nonimmigrant P-1 individual athletes, or the P-2 or P-3 category or derivatives.

Questions regarding this memorandum should be directed to the USCIS Headquarters Office of Service Center Operations through appropriate channels.