Chapter 1 - Purpose and Background
A. Purpose
The Immigration and Nationality Act (INA) and implementing regulations provide that qualifying nonimmigrant athletes and entertainers may be approved for P nonimmigrant classification.
B. Background
The Immigration Act of 1990 added the O and P nonimmigrant classes to INA 101(a)(15).[1] These new classes provided for the admission of artists, athletes, entertainers, and other persons of extraordinary ability. However, as a result of the passage of the Armed Forces Immigration Adjustment Act of 1991, the use of the O and P classifications was delayed until April 1, 1992.[2] Before the enactment of these laws, artists, athletes, and other performers were admitted under the H-1 (distinguished merit and ability), H-2 (temporary agricultural or non-agricultural), or B-1 (temporary business visitor) categories. The 1990 amendments also revised the H classifications, effectively barring their continued use by most performing artists and athletes.
C. Legal Authorities
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INA 101(a)(15)(P) - Definition of P nonimmigrant classification
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INA 204(i) - Professional athletes
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INA 214(a)(2)(B) - Admission of or period of stay for P nonimmigrants
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INA 214(c)(1) - Importing employer
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INA 214(c)(4) - Petition of importing employer for P nonimmigrants[3]
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INA 214(c)(5)(B) - Return transportation
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INA 214(c)(6) - Consultation requirement
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8 CFR 214.2(p) - Requirements for P nonimmigrant classification
Footnotes
[^ 1] See the Immigration Act of 1990, Pub. L. 101-649 (PDF) (November 29, 1990).
[^ 2] See Pub. L. 102-110 (PDF) (October 1, 1991).
[^ 3] The Creating Opportunities for Minor League Professionals, Entertainers, and Teams through Legal Entry (COMPETE) Act of 2006 amended INA 214(c)(4)(A). See the COMPETE Act of 2006, Pub. L. 109-463 (PDF) (December 22, 2006).