K. O Visas. INA §101(a)(15)(O), 8 U.S.C. §1101(a)(15)(O); 137 Cong. Rec. part 2 S18242- 01 at 18247 (Nov. 26, 1991), 8 C.F.R. §214.2(o)(1); 22 C.F.R. §41.55; 59 Fed. Reg. 41818-42 (Aug. 15, 1994):

1. O-1-8 C.F.R. §214.2(o)(1)(i):

a. O-1A. Person who "has extraordinary ability in the sciences, arts, education, business or athletics which has been demonstrated by sustained national or international acclaim." 8 C.F.R. §214.2(o)(1)(ii)(A)(1).

b. O-1B. If in motion picture or TV production, the person must have "a demonstrated record of extraordinary achievement." Person needs to demonstrate that his/her achievements have been recognized in the field "through extensive documentation." 8 C.F.R. §214.2(o)(1)(ii)(A)(2).

c. The Service interprets the statute to encompass "any field of endeavor" including craftsmen and lecturers. For an extensive list of examples of what might include "any field of creative activity or endeavor," see 137 Cong. Rec. Part 2 S18247 (Nov. 26, 1991). The term art also includes not only the principal creators and performers, but also other essential personnel such as directors, set designers, choreographers, orchestrators, coaches, arrangers, costume designers, make-up artists, stage technicians and animal trainers. 8 C.F.R. §214.2(o)(3)(ii). It also includes the culinary arts. Id.

d. Must seek to enter for the purpose of continuing the type of work, but there is no requirement that the person is coming to the U.S. to perform services requiring a person of O-1 caliber. 59 Fed. Reg. 41818 at 41820 (Aug. 15, 1994).

e. No foreign residence requirement but there is a requirement that there be a temporary intent to remain.

2. O-2-8 C.F.R. §214.2(o)(1)(ii)(B):

a. Only for person accompanying and assisting an O-1 artist or athlete in the artistic or athletic performance for a specific event or events so long as:

(1) S/he is an integral part of such actual performance.

(2) S/he has critical skills and experience with the O-1 that are not of a general nature and which cannot be performed by other individuals.

(a) For motion picture or TV productions, person has skills and experience which are not general, which are critical and which are based on a pre- existing long-standing working relationship. In the case of a specific production a long-standing relationship is unnecessary where there is significant pre or post production work that will take place inside and outside U.S. and the person's presence needed for successful completion.

(3) S/he has foreign residence which s/he has no intention of abandoning.

3. O-3-8 C.F.R. §214.2(o)(6)(iv): Includes spouse and children accompanying and following to join as O-3s.

4. Extraordinary Ability/Extraordinary Achievement Defined-8 C.F.R. §214.2(o)(3)(ii):

a. Extraordinary ability in science, education, business or athletics is "a level of expertise indicating that the person is one of the small percentage who have arisen to the very top of the field of endeavor."

b. Extraordinary ability in the arts means "distinction," "a high level of achievement in the field of arts evidenced by a degree of skill and recognition substantially above that ordinarily encountered ..." This category requires the petitioner to establish only that the artist is "prominent in his or her field of endeavor." 59 Fed. Reg. 41818 at 41820 (Aug. 15, 1994).

c. Extraordinary achievement means a "very high level of accomplishment in the motion picture or TV industry evidenced by a degree of skill and recognition significantly above that ordinarily encountered ..." The person must be "outstanding or notable." 59 Fed. Reg. 41818 at 41821 (Aug. 15, 1994).

d. Proving extraordinary ability in science, education, business or athletics-8 C.F.R. §214.2(o)(3)(iii)-Beneficiary may prove sustained national or international acclaim by receipt of a major internationally recognized award such as the Nobel Prize, or documenting at least 3 of the suggested criteria: (a) receipt of nationally or internationally recognized awards; (b) membership in organization that requires outstanding achievement; (c) published materials about the applicant in professional or major trade publications; (d) judgment of the work of others; (e) original scientific or scholarly work of major significance in his/her field; (f) evidence of authorship of scholarly work; (g) evidence that s/he has been employed in a critical or essential capacity at an organization with a distinguished reputation; (h) has commanded or will command a high salary in relation to others in the field.

e. Proving distinction in the arts-8 C.F.R. §214.2(o)(3)(iv)-Beneficiary must prove s/he is prominent in his or her field by being nominated for or the recipient of a significant international or national award or prize, such as an Academy Award, Emmy, Grammy or Director's Guild Award, or by documenting at least 3 of the following suggested criteria:

(1) lead in production having a distinguished reputation;

(2) critical reviews in major newspapers or trade journals;

(3) lead for organization that has a distinguished reputation;

(4) record of major commercial or critically acclaimed successes;

(5) significant recognition from organizations, critics, government agencies or other recognized experts in the field;

(6) has commanded or will command a high salary.

f. Proving extraordinary achievement in motion picture or TV industry-8 C.F.R. §214.2(o)(3)(v)-The CIS relies on the same criteria used to prove distinction in the arts, except that it will weigh the evidence differently by requiring a person of extraordinary achievement "to meet a higher standard." 59 Fed. Reg. 41818 at 41821 (Aug. 15, 1994).

g. Comparable Evidence. To prove extraordinary ability in the arts or science, education, business or athletics (but not in the motion picture or TV industry), the petitioner may submit comparable evidence if the above does not readily apply to his/her occupation. 8 C.F.R. §§214.2(o)(3)(iii)(C), (iv)(C). O-1 petitioners are not required to demonstrate that the work requires someone of O-1 caliber. 59 Fed. Reg. 41818, 41820 (Aug. 15, 1994).

h. Proving the O-2 standard-8 C.F.R. §214.2(o)(4). Evidence needs to establish current essentiality, critical skills and experience with the O-1 not possessed by U.S. worker. For motion picture and TV, critical skills/experience with O-1 based on longstanding work relationship or for a specific production (including pre- and post-production work) has taken and will take place in and out of the U.S. and the beneficiary's participation is essential to complete production.

i. General documentary requirements for all O categories-8 C.F.R. §§214.2(o)(2)(ii), (iii). Can use affidavits, by employers and experts, contracts, awards and similar documentation. Need explanation of nature, time frame and itinerary of events. Need advisory opinion from consultative organization.

5. Consultations-8 C.F.R. §214.2(o)(5)-O-1/O-2:

a. Motion picture/TV O-1 petitions must include written advisory opinions from appropriate union and management group, describing beneficiary's achievements in moton picture/TV field. Motion picture/TV O-2 petitions must include written advisory opinions from appropriate union and a management group, describing beneficiary's skills/experience with O-1 and whether longstanding relationship exists or, for continuity purposes, whether O-2's continuing participation in production is essential because significant production will take/has taken place in and out of the U.S.

b. All other O-1 petitions must contain written advisory opinion from appropriate union, if one exists, describing beneficiary's ability/achievements in field and duties to be performed. Petition may contain non-union opinions from any expert source. All other O-2 petitions must have written advisory opinion from appropriate union, if one exists, describing alien's essentiality to and working relationship with the O-1. If the consultation does not contain all the elements necessary, the Service should approve the petition if it is otherwise approvable.

c. O-2 petitions must contain consultations from each union with appropriate expertise over activities of the O-2 beneficiaries.

d. Negative advisory opinions must contain specific statement of facts supporting the conclusion reached. Positive opinions may take the form of a letter stating "no objection." All opinions are advisory only, not binding on the CIS.

e. Waiver of Consultation: Consultation requirement waived if petitioner demonstrates no appropriate union exists. 8 C.F.R. §214.2(o)(5)(i)(G). Consultation waived for O-1s of extraordinary ability in arts who are re-entering the U.S. to perform similar services within 2 years of obtaining consultation. 8 C.F.R. §214.2(o)(5)(ii)(B). New consultations not required for extensions of stay.

f. Expedited Treatment. The regulations make a theoretical provision for the Service to obtain consultation in expedited cases and routine ones where petition includes non-labor consultation. 8 C.F.R. §214.2(o)(5)(i)(E) and (F).

Notice to CIS. If there are any changes in the terms and conditions of employment which may affect eligibility, the petitioner "shall immediately notify the Service." And if the petitioner no longer employs the beneficiary, s/he "shall send a letter explaining the change to the Director who approved the petition." 8 C.F.R. §214.2(o)(8)(i)(A).

g. Agents. Can file I-129 involving multiple employers as the representative of the employers and beneficiary if s/he includes itinerary and contract.

h. Multiple beneficiaries. May include multiple O-2s on one petition where they are assisting O-1 in same performance for same time.

i. The approval of a labor certification or filing of a preference petition shall not be a basis to deny an O petition or an extension of an O or admission to the U.S. 8 C.F.R. §214.2(o)(13).

j. All extensions file on I-129. Granted in increments of one year for the same event. No documentation needed for extension of petition. For an extension of stay need only provide a statement explaining reason for stay request. No new consultation required. 8 C.F.R. §214.2(o)(12). If the beneficiary leaves the U.S. for business or personal reasons while the extension request is pending, s/he may request that CIS send cable notification of approval to consular office abroad. 8 C.F.R. §214.2(o)(12)(i). An O petition and extension of status by a new employer or for a new position by the same employer is a new "event" under 8 C.F.R. §214.2(o)(3) and may be approved for 3 years.

k. Professional Athletes. When traded from one team to another, EA will continue with new team for 30 days during which time I-129 must be filed. If filed, EA extended until petition is adjudicated. 8 C.F.R. §214.2(o)(2)(iv)(G).

7. Admission:

a. Period of authorized stay for O category is for such time as the AG may specify to provide for the event(s), but no more than 3 years. INA §214(a)(2)(A), 8 U.S.C. §1184(a)(2)(A); 8 C.F.R. §214.2(o)(6)(iii)(A). The beneficiary may be admitted 10 days before and stay until 10 days after validity period, 8 C.F.R. §214.2(o)(10), but cannot work during this time.

8. Return Transportation Costs. The petitioner and employer are jointly and severally liable for reasonable transportation costs of beneficiary's return home if s/he is terminated. INA §214(c)(5)(B), 8 U.S.C. §1184(c)(5)(B), 8 C.F.R. §214.2(o)(16).

9. Denial-8 C.F.R. §214.2(o)(7)-If based on derogatory information that the petitioner was unaware of, s/he gets 30 days to respond. Otherwise final order entered and person can appeal to AAU.

10. Revocation-8 C.F.R. §214.2(o)(8)-The RSC automatically revokes petition if petitioner, or in the case of an agent the underlying employer, goes out of business, files a written withdrawal or notifies the CIS that the beneficiary is no longer employed. All other circumstances require notice prior to revocation.

L. P Visas. INA §101(a)(15)(P), 8 U.S.C. §1101(a)(15)(P); 8 C.F.R. §214.2(p); 22 C.F.R. §41.56; 59 Fed. Reg. 41818-42 (Aug. 15, 1994):

1. P-1 Athletes and Group Entertainers

a. Person who performs as an athlete, individually or as part of a group or team that is "internationally recognized"(P-1A) or a person who performs with or is an integral or essential part of an entertainment group that has been recognized internationally as being outstanding in the discipline for a sustained and substantial period of time (P-1B), and in the case of the performer has had a sustained and substantial relationship with the group over a period of at least one year.

(1) Internationally recognized means "a high level of achievement...evidenced by a degree of skill and recognition substantially above that ordinarily encountered, to the extent such achievement is renowned, leading or well- known in more than one country." 8 C.F.R. §214.2(p)(3);

(2) An entertainment group or athletic team may be as few as 2 persons. The manner in which the act is billed is not a determinative factor. If solo artist or entertainer traditionally performs with back up singers or musician the act can be classified as a group so long as 75% of them have been together for one year or more. If they do not meet the 75% rule then the solo artist must qualify as O-1 and the musicians as O-2s..

(3) Both the international recognition and one year prior relationship may be waived for performers and entertainers in some cases. INA §214(c)(4)(B)(ii) & (iii), 8 U.S.C. §1184(c)(4)(B)(ii) & (iii). A group that is nationally recognized for a sustained and substantial period of time may obtain a waiver if there are special circumstances. The one year prior relationship does not apply to 25% of performers or entertainers in any group and the AG may waive this requirement for any performer or entertainer who replaces an essential member of the group because of that member's illness or other exigent circumstances or because the performer or entertainer augments the group by performing a critical role.

(4) Circus personnel performing as part of a circus or circus group are exempt from international recognition and one-year requirements provided they are part of, or are joining, a circus with sustained national recognition. 8 C.F.R. §214.2(p)(4)(iii)(C)(1).

b. Seeks to enter temporarily and solely for purpose of performing in a "competition, event or performance." This includes short vacations, promotional appearances and incidental stopovers, and can include an entire season, itinerary and contract. 8 C.F.R. §214.2(p)(3).

c. Individual entertainers are omitted if performing separate and apart from group. Must get O-1s.

2. P-2 Reciprocal Exchange Program. 8 C.F.R. §214.2(p)(5).

a. Performs as artist or entertainer individually or as part of a group, or is an integral part of the performance.

b. Seeks to enter temporarily and solely for performing and

c. Is under a reciprocal exchange program between an organization or organizations in the U.S. and one or more foreign organizations and which provides for the temporary exchange of artists, entertainers or groups.

3. P-3. 8 C.F.R. §214.2(p)(6)

a. Performs as an artist, entertainer, individual or as part of a group or is an integral part of the performance and

b. Enters temporarily and solely to perform, teach or coach in a culturally unique program. There is no requirement that group exist before tour.

c. May be commercial or non-commercial program. 8 C.F.R. §214.2(p)(6)(i)(B). It need not be sponsored by educational, cultural or government agency. 59 Fed. Reg. 41818, 41825 (Aug. 15, 1994).

4. Essential Support Personnel-8 C.F.R. §214.2(p)(3). Person who is an integral part of the performance of a P-1, P-2 or P-3 "because he or she performs support services which cannot be readily performed by a United States worker and which are essential to the successful performance of services." The person must have the appropriate qualifications to perform the services, critical knowledge of the specific services and experience in providing such support.

5. P-4-Spouses and Children-Can enter as accompanying or following to join as P-4s. No employment unless authorized. Granted same term of admission as spouse. 8 C.F.R. §214.2(p)(8)(iii)(D).

6. Foreign Residence Abroad Requirement-All "P" applicants must have a foreign residence that they do not intend to abandon, but regulations permit dual intent. 8 C.F.R. §214.2(p)(15).

7. Petition Process-8 C.F.R. §214.2(p)(2), (4), (5), (6).

a. Evidence for all P petitions-8 C.F.R. §§214.2(p)(2)(ii), (iii). Copies of written contracts or summaries of oral contract. Affidavits, awards, or similar documentation regarding achievements, expert opinions.

b. P-1 Athletes-8 C.F.R. §214.2(p)(4)(ii). Need documentation showing that: (1) athlete or team internationally recognized; (2) athletic competition must have a distinguished reputation; and (3) competition must require participation of athlete or team with international reputation.

(1) Petition must include tendered contract with major U.S. sports league or team or one commensurate with international recognition; and

(2) Any 2 of the following:

(a) significant participation in a prior season in majors;

(b) international competition with national team;

(c) significant participation in a prior season for U.S. college or university or intercollegiate competition;

(d) written statement from U.S. official in sport about person or team's international recognition;

(e) written statement from expert or sport's media as to international recognition;

(f) team or individual ranking; or

(g) significant honor or award in sport.

d. P-1 Entertainment Groups-8 C.F.R. §214.2(p)(4)(iii). Need documentation showing that: (1) group internationally recognized for sustained and substantial period of time; (2) 75% of members of the group have had sustained and substantial relationship with group for one year.

(1) Petition must include evidence that:

(a) group has been performing for at least one year;

(b) list of members and dates employed;

(c) group has been nominated or has received significant international awards or any three of the following documentation regarding international recognition:

i) star or lead in performance that has distinguished reputation;

ii) reviews in major publication;

iii) star or lead in performance for organization that has distinguished reputation;

iv) major commercial or critically acclaimed success;

v) testimonials regarding group's significant recognition; or

vi) group will command or has commanded high salary.

(2) Certain Groups Exempt-8 C.F.R. §214.2(p)(4)(iii)(C).

(a) Circuses do not have to meet one-year group membership requirement or international recognition. Need only show they have been recognized nationally as outstanding for sustained period.

(b) Director may waive international recognition for group recognized nationally for sustained period where there are special circumstances.

(c) One-year relationship may also be waived in exigent circumstances.

e. P-2 Reciprocal Exchange-8 C.F.R. §214.2(p)(5). Need documentation showing that: (1) persons performing under reciprocal exchange program; (2) exchange is between a U.S. organization and foreign organization; (3) provision is for tempo- page 548{} rary exchange; and (4) the exchange is between similar caliber performers employed under similar conditions.

Documents needed:

(1) formal reciprocal exchange agreement;

(2) statement from sponsoring organization regarding exchange;

(3) evidence that appropriate labor organization in U.S. was involved in negotiating or concurs in reciprocal program; and

(4) evidence that all exchange artists or entertainers are artists with comparable skills and that the terms and conditions of employment are similar.

f. P-3 Culturally Unique Program-8 C.F.R. §214.2(p)(6). Need documentation showing that: (1) Artists or entertainers, individually or as a group, coming to the U.S. for the purpose of developing, interpreting, representing, coaching, or teaching a unique or traditional ethnic, folk, cultural, musical, theatrical or artistic performance or presentation; and that the (2) Artist or entertainer must be coming to the U.S. to participate in a commercial or non-commercial cultural event which will further understanding or development of his/her art form.

Documentation needed:

(1) Affidavits, testimonials, or letters from recognized experts with the basis of their knowledge attesting to the applicant's skills in performing, presenting, coaching or teaching the unique or traditional art form;

(2) Documentation that performance is culturally unique, as evidenced by published materials and

(3) Evidence that all performances will be culturally unique events.

8. Consultations-8 C.F.R. §214.2(p)(7).

a. Consultation with an appropriate union regarding the nature of the work to be done and the person's qualification is mandatory before any P visa petition is approved. Advisory opinion, however, is not binding on CIS.

b. Petitioner must submit a written advisory opinion from union with I-129 petition. The union may submit a specific opinion or letter of no objection.

c. Two exceptions:

(1) Where CIS handles case expeditiously and obtains opinion telephonically; or

(2) No appropriate labor organization exists.

d. If a detailed opinion is written for P-1s, it must evaluate person's or group's ability, comment on their international recognition and state whether services being performed are appropriate for an internationally recognized athlete or entertainment group. P-2 advisory opinions must comment on the bona fides of the reciprocal program and whether it meets appropriate regulatory standards. P-3 opinions must evaluate the cultural uniqueness of the person's skills, state whether the events are mostly cultural in nature, and state whether the event or activity is appropriate for P-3 classification. For essential support personnel, the advisory opinion must evaluate the person's essentiality to and working relationship with the artist or entertainer and state whether U.S. workers are available. Consultations not needed for an extension. Negative consultations must contain specific statement of facts supporting conclusions. Alternatively, a union may simply submit a no objection letter. 8 C.F.R. §214.2(p)(7)(ii).

9. Admission/Extension-8 C.F.R. §214.2(p)(8)(iii), (13), (14)(ii).

a. P-1 athletes may be admitted for a period of up to 5 years with one extension up to 5 years. INA §214(a)(2)(B), 8 U.S.C. §1184(a)(2)(B). A petition for a P-1 athletic team may not exceed one year. A petition for a P-1 entertainment group may not exceed one year.

b. P-2/P-3 and essential support personnel granted admission for time necessary to complete event up to one year and extensions for a similar period. A petition for a P-2 or P-3 artist or entertainer, therefore, may not exceed one year.

c. Spouse and Dependents. A spouse and dependents may only be admitted for the same period as the principal. 8 C.F.R. §214.2(p)(8)(iii)(D).

d. For extension of visa petition no supporting documents are required unless requested and no consultation is required. For extension of stay for the same event or activity petitioner needs only a statement or letter explaining need for extension unless additional requests are made by CIS. Beneficiary must be in the U.S. at the time request for an extension is filed. All requests are on form I-129. Approval on I-797. 8 C.F.R. §214.2(p)(13) and (14). If the beneficiary leaves the U.S. for business or personal reasons while the extension request is pending, s/he may request that CIS send cable notification of approval to consular office abroad. 8 C.F.R. §214.2(p)(14)(i).

e. The approval of LC or filing of a preference petition shall not be a basis to deny a P petition or extension. 8 C.F.R. §214.2(p)(15).

f. Transportation costs. The petitioner and employer are jointly and severally liable for reasonable costs of the beneficiary's trip home if s/he is terminated. INA §214(c)(5)(B); 8 C.F.R. §214.2(p)(18).

g. Traded Athletes. Employment authorization remains for 30 days with new team during which time a new I-129 must be filed. If filed, EA continues until petition decided. 8 C.F.R. §214.2(p)(2)(iv)(C)(2).

10. Denial-8 C.F.R. §214.2(p)(9). Petitioner has right to appeal from the denial of the petition. However, there is no appeal from the denial of an extension of stay or change of status.

11. Revocation-8 C.F.R. §214.2(p)(10). May occur automatically if petitioner or employer if there is an agent goes out of business, files a written withdrawal or notifies the DHS that the beneficiary is no longer employed. Otherwise, revocation must be by notice.