Performers (O, P and Q)

This is a brief overview of the requirements and procedures for O-1 and P-1 visas. It is worth considering the two categories together because many groups may be able to qualify in either. As a general rule, P visas are easier to obtain because they have a lower legal standard than the O category. The final decision in any given case will depend on advice that we will request from a relevant labor union. The O visa category is intended for aliens of extraordinary achievement in the motion picture or TV industries, considered by public recognition as individuals outstanding, notable, or leading in the field. It can include aliens who will assist in the event, so long as they are shown to possess skills and experience that are critical to the principal visa holders. The O visa allows its holder to enter the U.S. for a period of up to three years, depending on the duration of the event. The P visa category was created to allow foreign entertainment groups to come to the United States on a temporary basis in order to perform in the U.S. as a unit. These visas allow the group to remain in the U.S. for an initial period of up to one year. Thereafter, the group may request extensions of stay on a year-by-year basis until the project, event, or performance is completed.

Who is Eligible?

In order to qualify for an O visa the principals (in the O-1 category) must establish their recognized stature as outstanding, notable or leading within the motion picture industry. This standard requires that the beneficiary be a person who is one of the small percentage who have risen to the very top of his or her field or a person who can show distinction in the field. To qualify for the O-2 category, the beneficiary must show his or her skills and experience to be critical to O-1 aliens either because of a longstanding working relationship or because significant production will take place both inside and outside of the U.S. and the alien's participation is essential to the successful completion of the project.

In order to qualify for a P-1 visa the group must demonstrate that it is has been internationally recognized as outstanding in its field. The group must also demonstrate that at least 75% of the members have sustained a substantial relationship with the group for at least one year. When support personnel are to be included in the group visa, these support members must be shown to be highly skilled, essential persons that make up an integral part of the group.

How to Apply

The group must gather and submit the necessary evidence, which we will put into the appropriate format. For example, to satisfy the one-year membership requirement or the longstanding working relationship requirement, the group may submit:

• Contracts of employment,

• Financial documentation showing continuous payment for services, or

• Affidavits from employers explaining projects worked on and giving an explanation of the dates of employment and tasks performed.

To satisfy the outstanding, notable or leading or the internationally recognized requirements, the group may submit evidence of

• International awards won,

• Reviews in major publications,

• Performances in events that have a distinguished reputation,

• Performance of services for organizations that have a distinguished reputation,

• A record of major commercial or critically acclaimed success, or

• Evidence that the group commands a high salary because of its reputation.

An explanation of how and why the intended project requires the services of each individual should also be submitted. A narrative description of the steps that have been taken to date should be included.

In order to prove that the support personnel must also be issued visas, you will need to submit:

• An explanation of the work history of each individual.

• Each individual's past contributions to the group.

• Each support worker's individual qualifications.

A resume may be sufficient for this purpose, provided it is tailored for this purpose. This can be a considerable undertaking if the individuals are not familiar with the format. We often go through several drafts in cases where the workers have not been employed in the United States, so I recommend getting started on this as soon as possible. It is best to have not only resumes, but also all the documentation available for each individual - translated into English - to prove everything presented.

In addition to individual pieces of evidence for each element described above, a company letter must be prepared to accompany the petition. This letter will discuss the following:

• . The nature of the project.

• The need for the particular group's participation.

• The credentials of the group that qualify it to take part in the event.

• The terms of the employment.

Any English language documentation you have regarding this - business plans, fundraising documents, etc. - can be useful toward making your case.

Finally, the CIS will not approve the petition without first reviewing the advisory opinion of an appropriate labor and management organization. The consultation stage is absolutely crucial. Congress created these visa provisions with extensive and intensive involvement with the entertainment industry. It is almost always true that if there is opposition from either the union or the management side, the application will not be approved by the CIS. Therefore, the consultations must not be made until the paperwork is carefully and extensively prepared! The package the union and management groups get needs to be almost as formal and comprehensive as the package submitted to the CIS.

Legally, one could allow the CIS to request the advisory opinion itself. However, it has become necessary for all lawyers to obtain the advisory opinion of an appropriate labor and management organization themselves prior to submitting the petition to the CIS to avoid delays. A starting point for this step is to consider consulting any unions or guilds of which any personnel may be members. Next, an assessment is made of which unions and management groups are relevant to the project. I always ask for a list of any unions or guilds to which any member of the group might belong. We can discuss this once we get the basic credential-gathering stage started.

Thus, the petition for an O or a P visa consists of a simple application form and a large set of supporting evidence. Were I to prepare the complete petition, I would ask that you begin to gather the types of evidence mentioned above as well as the information requested on the attached questionnaires and checklist. This chart obviously does not have space to include the information requested; I hope it will serve as a checklist to keep track of the information as you gather it. Use each field to briefly annotate what evidence has been gathered to satisfy that requirement.

As you gather and forward documentary evidence to satisfy the requirements, I can begin preparing draft forms and supporting documents. I would suggest starting with the most crucial members of the team to be sure that we get everything needed in plenty of time.

Once the completed petition is submitted to the CIS, they will approve or deny the petition within a month or two. We can ask for expedited processing, but the CIS understands that the entertainment industry normally operates on a last-minute basis, and will assume that it is just poor planning to leave the visas until late in the game. Please DO NOT mention the possibility of expedited processing to anyone in the client corporation if you can avoid it.

If the petition is approved, the CIS will notify the appropriate consulate by cable. The group will complete processing its visas there. At the consulate, the individual group members will have to submit a non-immigrant visa application along with their passports and the application fee. Normally, each individual must present his or her own visa application form; however, in many P-1 situations, a complete, signed set of visa applications may be submitted by a representative.

I hope that this overview is helpful in understanding the evidence requirements and procedures for obtaining an O or P visa for your group. If you have any questions or encounter difficulties obtaining the requested evidence, please contact me at your earliest convenience to discuss possible solutions. I look forward to working with you.