Frequently Asked Questions
What happens if I lose my job and find another one?
Changing employers is definitely an option, but only if your new employer has filed a new Form I-129 requesting permission to employ you and extend your stay. Once the new Form 1-129 is approved, you will then be allowed work.
What if I have support personnel, such as a coach or trainer, who needs to come with me?
Support personnel who play an essential and crucial part of your performance and who perform support services which cannot be performed by a U.S. worker, are also eligible for P-1 classification.
A separate Form I-129 must be filed for them and must include the appropriate supporting documents. Visit the USCIS website or contact us for more information.
What if I’m a circus performer? Do they fall under the same category?
Circus performers are eligible for the P-1B visa, but they have some special provisions. Foreign circus performers and essential circus personnel are exempt from the 1 year requirement and the internationally recognized requirement. Additionally, to come to the U.S., you must be joining a nationally recognized circus.
What if my entertainment group is only known nationally, not internationally?
Certain nationally known entertainment groups may have the internationally recognized requirement waived. This is only if you can establish that you have been recognized nationally as outstanding in your field for a sustained period of time in consideration of special circumstances.
How long am I allowed to stay?
You are allowed to stay as long as needed to complete your event or performance, for up to 1 year.
What if I want to extend my stay?
Extensions in increments of up to 1 year are allowed in order for you to complete your event or performance.
What if I change employers? For example, what if I sign a contract with a different record label?
You can change employers, but only if your new employer has filed a new Form I-129 requesting permission to employ you and extend your stay. After your Form I-129 has been approved, you will be allowed to work.
What if other members of my staff, such as lighting technicians, camera operators, or stage personnel, need to come?
Support personnel who are considered an essential and crucial part of the performance of P-1 entertainer(s) and who perform services that cannot be performed by a U.S. worker, are eligible for the P-1 visa.
To apply for one, the U.S. employer must file a separate Form I-129 for support personnel and provide the appropriate supporting documents. Visit the USCIS website or contact us for more information.
What happens if I change employers?
Your new employer must have filed a new Form I-129 requesting permission to employ you and extend your stay before you switch employers. After your Form I-129 has been approved, you may begin your new employment.
What if I have support personnel who need to come with me?
Support personnel who play a crucial role in your performance and who perform services that cannot be performed by a U.S. worker are also eligible for P-3 classification.
A separate Form-I-129 must be filed for them and must include the appropriate supporting documents. Visit the USCIS website or contact us for more information.
Mathew HigbeeAttorney at LawMathew Higbee utilizes his unique blend of legal and professional experience to deliver success for his clients. He has handled a wide-range of cases in both criminal and civil courts. He has served as a prosecutor and defense counsel. He is a frequent commentator and guest writer for various media.
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