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L-1 Nonimmigrants (Two Types)
The L-1A classification is for aliens coming to the United States temporarily to perform services in a managerial
or executive capacity for the same employer (or for the parent, branch, subsidiary, or affiliate of the employer) that
employed the alien abroad in a capacity that was managerial or executive in nature, or one that required specialized
knowledge, for at least 1 continuous year within the last 3 years. In the case of an L-1A beneficiary who is coming to
the United States to set up a new office, the 1 year of experience abroad must have been in an executive or managerial
capacity.
Write L-1A in the classification block.
Either a U.S. employer or foreign employer may file the petition, but the foreign employer must have a legal business
entity in the United States.
The L-1B classification is for aliens coming to the United States temporarily to perform services that require
specialized knowledge for the same employer (or for the parent, branch, subsidiary, or affiliate of the employer) that
employed the alien abroad in a capacity that was managerial or executive in nature, or one that required specialized
knowledge for at least 1 continuous year within the last 3 years.*** Specialized knowledge is either: (a) special
knowledge of the petitioning employer’s product, service research, equipment, techniques, management, or other
interests and its application in international markets or (b) an advanced level of knowledge or expertise in the employing
organization’s processes or procedures.
*** In the case of blanket petitions, the L-1B must be a specialized knowledge professional. There is no requirement,
however, that the person have acted in a “professional capacity” while abroad for purposes of meeting the one-year
requirement.
Write L-1B in the classification block.
General L Classification Requirements
Either a U.S. or foreign employer may file the petition.
The petition must be filed with:
1. Evidence establishing the existence of the qualifying relationship between the U.S. and foreign employer based on
ownership and control, such as: an annual report, articles of incorporation, financial statements, or copies of stock
certificates. Note: Whether such evidence will be sufficient to meet the petitioner’s burden of establishing such a
qualifying relationship will depend on the quality and probative value of the evidence submitted.
2. Evidence of the beneficiary’s employment for the required one year abroad in, as applicable, a managerial, executive,
or specialized knowledge capacity. Such evidence may include, but is not limited to, a letter from the beneficiary’s
foreign qualifying employer detailing his or her dates of employment, job duties, and qualifications, along with
supporting documentary evidence; and
3. A description of the proposed job duties and qualifications, and evidence showing that the proposed employment is in
an executive, managerial, or specialized knowledge capacity.
Evidence for a New Office
In addition to the evidence required under the General L Classification Requirements section above, if the beneficiary
is coming to the United States to open or to be employed in a new office in the United States, the petitioner must submit
evidence to show the following:
For managerial or executive capacity (L-1A):
1. Sufficient physical premises to house the new office have been secured;
2. The beneficiary has been employed for 1 continuous year in the 3-year period preceding the filing of the petition in an
executive or managerial capacity and that the proposed employment involves executive or managerial authority over
the new operation; and
3. The intended U.S. operation, within 1 year of approval, will support an executive or managerial position. This
statement should be supported by information regarding:
A. The proposed nature of the office describing the scope of the entity, its organizational structure, and its financial goals;
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B. The size of the United States investment and the foreign entity’s financial ability to remunerate the beneficiary and
to commence doing business in the United States; and
C. The organizational structure of the foreign entity.
For specialized knowledge capacity (L-1B):
1. Sufficient physical premises to house the new office have been secured; and
2. The petitioner has the financial ability to remunerate the beneficiary and to commence doing business in the
United States.
NOTE: There are additional fees associated with certain L-1A and L1B petitions. Please see the “What is the Filing
Fee” section of these forms instructions for further information about these fees.
O-1A Nonimmigrants
The O-1A classification is for aliens coming to the United States temporarily who have extraordinary ability in
the sciences, education, business, or athletics (not including the arts, motion picture, or television industry). The
extraordinary ability must be demonstrated by sustained national or international acclaim.
Write O-1A in the classification block.
The petition must be filed with:
1. A written consultation from a peer group or labor and/or management organization with expertise in the field (which
could include a person or persons with expertise in the field (see General Evidence);
2. A copy of any written contract between the employer and the beneficiary or a summary of the terms of the oral
agreement under which the beneficiary will be employed;
3. An explanation of the nature of the events or activities, the beginning and ending dates for the events or activities, and
a copy of any itinerary for the events and activities; and
4. Evidence of the beneficiary’s extraordinary ability, such as receipt of major nationally or internationally recognized
awards or prizes for excellence in the field, documentation of the beneficiary’s membership in associations in the
field which require outstanding achievements of their members, published material relating to the beneficiary’s work,
evidence of the beneficiary’s original scholarly work or, contributions of major significance to the field, evidence of
the beneficiary’s high salary within the field, evidence that the beneficiary participated individually on a panel that
judges the work of others in the field, or evidence of the beneficiary’s prior employment in a critical or essential
capacity for organizations and establishments that have a distinguished reputation.
NOTE: If the preceding forms of evidence do not readily apply to the beneficiary’s field of endeavor, you may submit
other comparable evidence.
O-1B Nonimmigrants
The O-1B classification is for aliens coming to the United States temporarily who have extraordinary ability in the
arts or extraordinary achievement in the motion picture or television industry.
Write O-1B in the classification block.
The petition must be filed with:
1. A written consultation from a peer group (which could be a person with expertise in the beneficiary’s field), a labor,
and/or a management organization (see General Evidence). If the petition is based on the beneficiary’s extraordinary
achievement in the motion picture or television industry, separate consultations are required from the relevant labor
and management organizations;
2. A copy of any written contract between the employer and the beneficiary or a summary of the terms of the oral
agreement under which the beneficiary will be employed;
3. Evidence that the beneficiary has received or been nominated for significant national or international awards or
prizes in the field, such as an Academy Award, Emmy, Grammy, or Director’s Guild Award, or at least three of the
following:
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A. Evidence that the beneficiary has performed and will perform as a lead or starring participant in productions or
events that have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases,
publications contracts, or endorsements;
B. Evidence that the beneficiary has achieved national or international recognition for achievements in the field as
evidenced by critical reviews or other published materials by or about the individual in major newspapers, trade
journals, magazines, or other publications;
C. Evidence that the beneficiary has a record of major commercial or critically acclaimed successes, as evidenced
by title, rating, standing in the field, box office receipts, and other occupational achievements reported in
publications;
D. Evidence that the beneficiary has received significant recognition from organizations, critics, government
agencies, or other recognized experts;
E. Evidence that the beneficiary commands or will command a high salary or other remuneration for services in
relation to others in the field; or
F. Evidence that the beneficiary has performed and will perform in a lead or starring role for organizations that have
a distinguished reputation.
NOTE: If you are applying for O-1B in the Arts and the preceding forms of evidence do not readily apply to the
beneficiary’s field of endeavor, you may submit other comparable evidence.
O-2 Nonimmigrants
The O-2 classification is for aliens coming to the United States temporarily and solely to assist in the performance
of an O-1 artist or athlete because he or she performs support services that are integral to the successful
performance of the O-1. No test of the U.S. labor market is required. The alien must have critical skills and
experience with the O-1 which must not be of a general nature or possessed by U.S. workers.
Write O-2 in the classification block.
This form must be filed in conjunction with an O-1 petition and filed with:
1. A written consultation (see General Evidence);
A. If it is for support of an athlete or an alien with extraordinary ability in the arts, the consultation must be from an
appropriate labor organization; or
B. If it is for support of an alien with extraordinary achievement in motion pictures or television, the consultation
must be from an appropriate labor organization and management organization.
2. Evidence of the current essentiality, critical skills, and experience of the O-2 with the O-1 and evidence that the alien
has substantial experience performing the critical skills and essential support services for the O-1 alien. In the case
of a specific motion picture or television production, the evidence must establish that significant production has taken
place outside the United States, and will take place inside the United States, and that the continuing participation of
the alien is essential to the successful completion of the production.
P-1A or P-1 Major League Sports
The P-1A classification is for aliens coming to the United States temporarily to perform at a specific athletic
competition as an individual or as part of a group or team participating at an internationally recognized level of
performance.
P-1 Major League Sports classification is for an association of teams or clubs that compete chiefly among themselves
which include major league athletes, minor league sports, and any affiliates associated with the major leagues including
but not limited to baseball, hockey, soccer, basketball, and football. Support personnel for Major League Sports include
coaches, trainers, broadcasters, referees, linesmen, umpires, and interpreters.
Write P-1A in the classification block.
The petition must be filed with:
1. A written consultation (see General Evidence);
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2. A copy of the contract with a major U.S. sports league or team or a contract in an individual sport commensurate with
national or international recognition in the sport, if such contracts are normally utilized in the sport; and
3. Evidence of at least two of the following:
A. Significant participation in a prior season with a major U.S. sports league;
B. Significant participation in a prior season for a U.S. college or university in intercollegiate competition;
C. Participation in international competition with a national team;
D. A written statement from a member of the sports media or a recognized expert in the sport which details how the
beneficiary or team is internationally recognized;
E. A written statement from an official of a major U.S. sports league or official of the governing body for a sport that
details how the beneficiary or team is internationally recognized;
F. That the beneficiary or team is ranked, if the sport has international rankings; or
G. That the beneficiary or team has received a significant honor or award in the sport.
P-1B Entertainer or Entertainment Group
The P-1B classification is for aliens coming to the United States temporarily to perform as a member of an
entertainment group that has been recognized internationally as outstanding in the discipline for a substantial
period of time, and who has had a sustained relationship with the group (ordinarily for at least 1 year).
Write P-1B in the classification block.
The petition must be filed with:
1. A written consultation (see General Evidence);
2. Evidence that the beneficiary or group is internationally recognized in the discipline as demonstrated by the
submission of evidence of the group’s receipt of or nomination for significant international awards or prizes for
outstanding achievement, or evidence of at least two of the following:
A. The beneficiary or group has performed, and will perform as a starring or leading group in productions or events
with a distinguished reputation;
B. The beneficiary or group has achieved international recognition and acclaim for outstanding achievement in the
field;
C. The group has performed, and will perform, services as a star or leading group for organizations and
establishments that have a distinguished reputation;
D. The beneficiary or group has a record of major commercial or critically acclaimed success;
E. The beneficiary or group has received significant recognition for achievements from critics, organizations,
government agencies, or other recognized experts in the field; or
F. The beneficiary or group commands a high salary or other substantial remuneration for services compared to other
similarly situated in the field.
3. Evidence that 75 percent of the members of the group have had a sustained and substantial relationship with the group
for at least 1 year. Provide a list of the alien’s functions which are integral to the group’s performance.
By filing for a P-1 group, the petitioner certifies that at least 75 percent of the group members have been performing
regularly together for at least 1 year. The 1-year requirement does not apply to circus groups coming to perform with
nationally recognized circuses.
Attach a separate statement to the form to request a waiver of:
1. The 1-year relationship requirement due to exigent circumstances; or
2. The international recognition requirement (1) due to emergent circumstances, or (2) because the group has been
nationally recognized as outstanding in its discipline for a sustained and substantial period of time.
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P-2 Nonimmigrants
The P-2 classification is for aliens coming to the United States temporarily to perform as an artist or entertainer,
individually or as part of a group, under a reciprocal exchange program between an organization in the United
States and an organization in another country.
Write P-2 in the classification block.
The petition must be filed by the sponsoring organization or U.S. employer with:
1. A written consultation (see General Evidence);
2. A copy of the reciprocal exchange program agreement;
3. A statement from the sponsoring organization describing the reciprocal agreement as it relates to the petition;
4. Evidence that the beneficiary and the U.S. artist or group have comparable skills and that the terms of employment are
similar; and
5. Evidence that an appropriate labor organization in the United States was involved in negotiating or concurred with the
exchange.
P-3 Nonimmigrants
The P-3 classification is for aliens coming to the United States temporarily to perform, teach, or coach, individually
or as part of a group, in the arts or entertainment fields in a program that is culturally unique and which will
further the understanding or development of the art form.
Write P-3 in the classification block.
The petition must be filed with:
1. A written consultation (see General Evidence);
2. Evidence that all performances will be culturally unique events; and either
A. Affidavits, testimonials, or letters from recognized experts attesting to the authenticity of the beneficiary’s or
group’s skills in performing, presenting, coaching, or teaching art forms; or
B. Documentation that the performance of the beneficiary or group is culturally unique as evidenced by actual
reviews in newspapers, journals, or other published material.
Essential Support Personnel
The P-1S, P-2S, or P-3S classification are for aliens coming to the United States temporarily as essential and integral
parts of the competition or performance of a principal P-1 athlete, athletic team or entertainment group, P-2, or P-3
entertainer or entertainment group, because they perform support services which cannot be readily performed by a
U.S. worker and which are essential to the successful performance or services of the principal P-1, P-2, or P-3. The
accompanying personnel must have appropriate qualifications, prior experience and critical knowledge of the specific
services to be performed by the principal P-1, P-2, or P-3 petition.
Write P-1S, P-2S, or P-3S as appropriate in the classification block.
The petition must be filed with:
1. A written consultation (see General Evidence);
2. Evidence of the beneficiary’s qualifications to perform the services, if any;
3. A statement describing the beneficiary’s critical knowledge of the specific services to be performed and prior
experience with the principal P-1, P-2, or P-3;
4. Statements or affidavits from persons with first-hand knowledge that the beneficiary has had experience performing
the critical skills and essential support services for the principal P-1, P-2, or P-3; and
5. A copy of any written contract between the employer and the beneficiary or a summary of the terms of the oral
agreement under which the beneficiary will be employed.
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Q-1 Nonimmigrants
The Q-1 classification is for aliens coming to the United States temporarily to participate in an international
cultural exchange program for the purpose of providing practical training, employment, and the sharing of the
history, culture, and traditions of the country of the alien’s nationality.
The culture sharing must take place in a school, museum, business, or other establishment where the public, or a segment
of the public sharing a common cultural interest, is exposed to aspects of a foreign culture as part of a structured program.
The work component of the program may not be independent of the cultural component, but must serve as the vehicle to
achieve the objectives of the cultural component. An employer (U.S. or foreign firm, corporation, nonprofit organization,
or other legal entity) or its designated agent may file the petition. If a designated agent is filing the petition, that agent
must be employed by the qualified employer on a permanent basis in an executive or managerial capacity and must be
either a U.S. citizen or lawful permanent resident.
Write Q-1 in the classification block on the petition.
The petition must be filed with evidence showing that the employer:
1. Maintains an established international cultural exchange program;
2. Has designated a qualified employee to administer the program and serve as a liaison with USCIS;
3. Is actively doing business in the United States;
4. Will offer the beneficiary wages and working conditions comparable to those accorded local domestic workers
similarly employed; and
5. Has the financial ability to remunerate the participants.
To demonstrate that the petitioner has an established international cultural exchange program, submit program
documentation, such as catalogs, brochures, or other types of material.
To demonstrate financial ability to remunerate the participants, submit your organization’s most recent annual report,
business income tax return, or other form of certified accountant’s report.
If the proposed dates of employment are within the same calendar year of a previously approved Q-1 petition filed for the
same international cultural exchange program, a copy of the approval notice for that prior petition may be submitted in
lieu of the required evidence about the program described above.
R-1 Nonimmigrants
The R-1 classification is for aliens coming to the United States temporarily to be employed at least part time
(average of at least 20 hours per week) by a bona fide nonprofit religious organization in the United States (or a
bona fide organization that is affiliated with the religious denomination in the United States) to work:
1. Solely as a minister;
2. In a religious vocation; or
3. In a religious occupation.
To qualify, the alien must have been a member of a religious denomination that has a bona fide nonprofit religious
organization in the United States, for at least 2 years immediately preceding the filing of the petition.
Write R-1 in the classification block.
The petition must be filed by a U.S. employer with:
1. Evidence relating to the petitioning organization:
a. Currently valid determination letter from the Internal Revenue Service (IRS) establishing that the organization is a
tax-exempt organization; or
b. For a religious organization that is recognized as tax-exempt under a group tax-exemption, a currently valid
determination letter from the IRS establishing that the group is tax exempt; or
Documents you may be interested
Documents you may be interested
