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The P1S visa plays a vital role for essential support personnel who provide critical services to athletes and entertainers in the United States. This visa category is tailored for individuals whose skills and support are integral to the performance and success of P-1 visa holders.
In this guide, we will detail the eligibility criteria, required documentation, and application process for the P1S visa. Whether you’re a coach, manager, or technical specialist, understanding these key elements will help you successfully obtain the visa and continue supporting your team’s or client’s achievements on the international stage.
What is a P1S Visa?
A P1S Visa is a nonimmigrant visa that allows individuals to temporarily come to the United States in order to provide support to a P-1A visa-holding athlete or P-1B visa-holding internationally recognized entertainment group. A P1S Visa is only issued in connection to the issuance of a P-1A or P-1B visa.
Who qualifies for a P1S Visa?
In order to qualify for this visa, it must be necessary that the individual provide essential support services to a P-1A or P-1B visa holder while they are in the United States. An individual provides essential support services if they are an integral part of the P-1 visa holder’s performance while in the United States.
Additionally, this visa holder must be providing support services for the P-1 visa holder that cannot be readily performed or provided by a U.S. worker.
Common examples of P1S Visa support personnel include coaches, scouts, trainers, broadcasters, referees, and interpreters.
What is the process for obtaining a P1S Visa?
The process to apply for this visa requires that both the essential support personnel and their employer or sponsor submit documentation to the United States government. The steps below outline the application process:
Step One: File Form I-129, Petition for Nonimmigrant Worker
The first step to applying for this visa requires the applicant’s agent, potential employer, or sponsor file Form I-129, Petition for Nonimmigrant Worker specifically for the essential support personnel. this visa essential support personnel must have their own Form I-129 submitted by the petitioner. It is not sufficient to file only one Form I-129 intended for both the P-1A or P-1B visa holder and this visa essential support personnel.
In addition to Form I-129, a written consultation from an applicable labor organization appropriate for this visa must be submitted as well. A labor organization is appropriate if it has expertise in the area of essential support personnel skills. Both the Form I-129 and the written consultation from a labor organization must be filed with the United States Citizen and Immigration Services (USCIS).
Specific Evidence to be Submitted with Form I-129
When submitting Form I-129, certain evidence must be included that proves this visa applicant’s integral support to the P-1 visa holder, including that no U.S. worker is available to provide the same service as this visa applicant. Additionally, evidence of the contract, events, or activities that cause them to seek entry into the United States may need to be submitted with Form I-129. The evidentiary requirements are discussed in more detail below:
Labor Certification
this visa applicant must have a written consultation from an appropriate labor organization that identifies the work or services to be performed by the P-1S applicant while in the United States, as well as their qualifications for the work. The labor organization must have expertise in the area of essential support personnel’s skill. The labor organization may also submit a letter stating they do not object to the petition being approved.
Evidence of Events in the United States
Along with the written consultation, the USCIS advises that the P-1S applicant submit an itinerary of the events or performances, including a list of the dates and locations of the events, if they will take place in multiple areas. This should include an explanation of the events to occur in the United States.
Evidence of Agreement
The petitioning employer or sponsor must also provide a copy of the oral or written agreement between the employer or sponsor and this visa applicant(s).
Evidence of Essentiality
Evidence must also be submitted in the form of a statement that describes this visa applicant’s essentiality and critical skills. Additionally, the statement must describe this visa applicant’s experience with the P-1A or P-1B visa holder, including the entertainment group or team, as applicable, unless this visa applicant is coming to the United States to work in a Major League Sport.
Step Two: USCIS Process Form I-129
Once the USCIS receives Form I-129, the employer, agent, or sponsor will receive the following in return:
- A receipt notice confirming the petition was received;
- A notice to appear for an interview, if required;
- A biometric services notice, if applicable; and
- A notice of decision, Form I-797, Notice of Action.
Step Three: P1S Visa Applicant Submits Form DS-160
this visa applicant must complete Online Nonimmigrant Visa Application, Form DS-160, and pay the fee. This involves uploading a photo of the applicant that conforms to the U.S. Department of State photograph requirements. Once Form DS-160 is submitted, the P-1S applicant must download and print the confirmation page showing Form DS-160 was completed and the filing fee paid. The confirmation page will need to be brought to the visa interview at a U.S. Consulate or Embassy.
Step Four: Interview Requirement
After submitting the form DS-160, this visa applicant will receive form I-797 and may be required to attend an interview at a U.S. embassy or consulate where an official will evaluate an applicant’s application and ask questions pertaining to the applicant’s qualifications for this visa.
At the interview, this visa applicant must bring the following documentation:
- Receipt notice Form I-797, confirming petition Form I-129 was received;
- Form DS-160 confirmation page;
- Copies of labor certification documentation;
- Evidence of events in the United States;
- Evidence of agreement between employer/sponsor and visa applicant;
- Evidence of essentiality and critical skills;
- Evidence of past experience with the P-1A or P-1B visa holder, group, or team;
- Valid passport(s);
- Photos that meet photograph requirements;
- Visa application fee receipt;
- Visa interview confirmation letter;
- Receipts showing the applicant(s) paid all fees;
- The interview confirmation letter.
Tax and Financial Implications for P-1S Visa Holders
P-1S visa holders, as essential support personnel for P-1A athletes, must consider tax and financial implications during their stay in the United States. Here are key points to note:
Income Tax: P-1S visa holders are subject to U.S. income tax on income earned in the country. They may need to file tax returns and comply with U.S. tax laws.
Tax Treaties: Some countries have tax treaties with the U.S. that could affect how income is taxed. P-1S visa holders should be aware of any tax agreements between their home country and the U.S.
Social Security and Medicare: P-1S visa holders may be required to pay Social Security and Medicare taxes depending on their income and employment status.
Tax Compliance: It is essential for P-1S visa holders to understand their tax obligations, keep accurate financial records, and seek professional advice to ensure compliance with U.S. tax laws.
Financial Planning: P-1S visa holders should consider financial planning during their stay, including managing income, expenses, savings, and investments.
Visa Duration: The P-1S visa allows for a specific period of stay, and financial planning should align with the visa’s validity and any potential extensions.
Understanding and addressing tax and financial implications is crucial for P-1S visa holders to ensure compliance with U.S. laws and manage their finances effectively during their stay in the country.
FAQ’s
Can P1S Visa holders apply for a green card?
P1S Visa holder essential support personnel may not generally apply for a green card based on their P1S Visa. this visa requires the visa holder to declare their intention to return to their home abroad and prove they have an established residence abroad that they will keep through the duration of their stay in the U.S.
Can you study in the United States under this visa?
Yes. P1S Visa holders may study full-time or part-time while in the United States so long as the original conditions of this visa are adhered to. If the educational program lasts longer than the period of validity for this visa, the visa holder should apply for a student visa that would permit them to remain in the United States for the purpose of completing their education. Continuing education is not a valid basis for extending this visa.
How much does it cost to apply for a P1S Visa?
- The fee to submit form DS-160 is $160.
- The cost of any biometrics fee is $85
- The fee to submit Form I-129 is $460
- Medical exam costs vary
For how long is this visa valid?
Generally, this visa is valid for as long as it takes the P-1A or P-1B visa holder to complete the event, competition, or performance, but is capped at one year for athletic teams and P-1B visa holders, and capped at five years for individual athletes.
Extensions may be requested by the primary P-1A or P-1B visa holder by re-filing Form I-129 with the USCIS. this visa can be extended with the primary P-visa by also re-filing Form I-129. Extensions will be granted if the primary P-visa holder(s) need more time to complete the event or performance. However, extensions will be granted for no longer than one year for athletic teams and P-1B visa holders, or ten years for P-1A individual athletes.
Conclusion:
The P1S visa is crucial for support personnel assisting P-1 athletes and entertainers in the U.S. It provides a temporary opportunity to contribute essential services. For guidance on obtaining your P1S visa and ensuring a smooth application process, contact us here for expert assistance.
Disclaimer: If any pricing information provided here is for reference only and may fluctuate due to changes in government policy, economic conditions, or other factors. For the most accurate and current USCIS fees, please refer to the relevant government websites or official resources. The attorney fees mentioned are approximate and will depend on the facts and circumstances of each individual case. Fees and costs are subject to change and should not be considered final.
