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We have a segment below entitled "Visa Woes" that has brought to mind that we receive so many inquiries from individuals who have important projects, performances, sports events, upcoming marriages, etc. and unfortunately they are seeking advice on how to handle the related immigration concerns at the last moment or when a problem is encountered.  We would encourage you, particularly in this enforcement oriented business and travel climate, to make this your first step in the process - not the last after your visa has been denied or you've encountered delays or issues that were unforeseen  because of a lack of guidance from an experienced professional.  If you are not a client of our office and would like to be, please contact us here or by phone at

562 612.3996.

|  Visa Woes

...Clottey's Trainer Denied Visa As Fight With Pacquiao Awaited

Seven weeks prior to the biggest fight of his career against Pacquiao, former welterweight Champion Joshua Clottey, was without a trainer. According to reports, Clottey's trainer, Godwin Nil Dzanle Kotey, and assistant Trainer, Daniel Clottey, were both denied visas by the US Embassy in Accra (Ghana) and were never able to get into the USA. We link here  

This is one example of many situations where proper information and documentation intake at the front end of a case, coupled with assistance preparing new and much more complex consular forms, front end interview preparation, etc. might have completely saved this situation and produced a positive outcome.  Issues must be identified prior to the in-person interview at the US Consulate.

...The Dodgers International Man of Mystery: The curious case of Ronald Belisario

...What NOT to do at a Visa Interview!

...Bollywood Cast and Crew having Problems Getting into the USA on "My Name is Khan".  This disaster could have been completely avoided. Check this article out    

..Actor Denied Visa to USA

Aamir Ali had applied for a Canadian visa  in October 2009. Three weeks after the application was filed, he heard that he was being denied entry to the country. He was making arrangements to travel with other actors for a TV show.  Aamir said, "I was informed that I was being denied a visa because of a criminal record on my passport. I was shocked because I had traveled around the world and not faced this problem before." The thought that he might be denied entry into Canada because of his religion did cross his mind, "Yes, that was my initial reaction. But then Sanjeeda (Sheikh) as well as Rakshanda (Khan) didn't have issues, so obviously there had to be another reason."

Things became clear when the visa officers asked him if he'd traveled to the country in 2001. "I hadn't been to Canada in 2001. They informed me that I had a problem with the law in that year, which was quite strange."

Lost or Stolen Passport Issues:  Aamir later realized that in 2001 he had handed his passport to a show organizer, who later told him it was lost. "This guy Nandu Tolani had my passport because he was applying for a visa for my travel for a music video shoot". For more

The magic question is:  Was Aamir Ali properly prepared by an experienced immigration attorney prior to arriving at the US consulate?  The lost or stolen passport question should be on all client intake questionnaires.

...US Citizen Oscar-Nominated Director Denied Pakistani Visa

|  Infrastructure Security for Sports Venues

Protective Security Advisors from the Office of Infrastructure Protection (PSA), a division of the Department of Homeland Security are hitting the pavement this week in follow-up to last week's conference in Northern Virginia attended by 200 menbers of professional sports leagues, private sports event security companies, industry associationis, in an effort to reach out to hundreds of individual sports league venues around the country as part of their coordinated campaign to raise awareness and enhance the safety and security of critical infrastructure within the commercial facilities sector.

Participants included representatives from organizations such the National Football League, Major League Baseball, U.S. Tennis Association, National Basketball Association, National Hockey League, Indy Racing League, Major League Soccer, National Association of Stock Car Auto Racing, and the International Association of Assembly Managers.

The PSA are asking facility security directors, owners and operators to provide them with the information and resources they need to enhance venue protection. These visits will serve as a foundation for stronger working relationships and future collaboration with security forces in the sports league.

The plan is to continue these types of events in the future, focusing on the remaining commercial facilities subsectors such as real estate, outdoor events, gaming, and entertainment and media, and the remaining public assembly subsector and cultural properties partners.  For more on this program 

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 InFocus Takes a look at the P Visa

| What is the P Visa for Athletes and Entertainers?

The P-1 visa category is the visa of choice for athletes and entertainers who do not meet the "extraordinary ability" standard required for an O visa. In practice, P visas are most often used for athletes and entertainers who perform as part of a team or entertainment group for trips of limited duration, such as a concert tour or a sports season. Because the P-1 visa is employer-specific, P-1 athletes and entertainers who are members of a team or group may not perform work or services separate and apart from the team or entertainment group during their P-1 time.

There are two ways for an athletic team or entertainment group to obtain P-1 status for its members. First, P-1 visas may be granted to an athletic team or entertainment group based on its own international reputation. When the visa is granted to the team or group, as a whole, each member of the team or group is given P-1 classification based on the reputation of the team or group. Second, a team or group may seek P-1 visas for individual members of the team or group based on their individual, international reputations.

It is important to note that an athletic team or entertainment group that employs a P-1 alien must be "internationally recognized," which the USCIS defines as "having a high level of achievement in a field evidenced by a degree of skill and recognition substantially above that ordinarily encountered, to the extent that such

P-1 for Entertainers -  The P-1 visa category is an attractive method for entertainers who are part of an entertainment group or team coming to the US to perform as an integral part of a group performance. Dance troupes, acting companies, orchestras and vocal groups are examples of the type of groups that use the P-1 visa for their members. This visa category is usually reserved only for those entertainers who are part of a group. In fact, individual performers cannot obtain a P-1 visa, unless they are coming to the US to join a foreign entertainment group.

The group with which a P-1 entertainer will perform in the US must be internationally recognized as outstanding in the discipline for a "sustained and substantial period of time," although the government may waive this requirement where the group is nationally recognized for a sustained and substantial period of time in consideration of special circumstances. For example, this exception may be available where a group has had difficulty gaining recognition outside its home country because of lack of access to news media or because of geographical considerations. The group also must have been established for a minimum of one year.

The P-1 visa also requires that an entertainer have a "sustained and substantial" relationship with the group, which is usually at least one-year. This requirement has three exceptions, however. First, this requirement only applies to 75% of the group's performers and entertainers. Conversely, 25% of the group need not have a one-year relationship with the group. Second, the government may waive this requirement where an alien replaces an essential member of the group in the case of illness or unanticipated and exigent circumstances or where an alien augments the group by performing a critical role. Third, the one-year requirement does not apply to circus personnel who perform as part of a circus that is nationally recognized as outstanding for a sustained and substantial period of time.

 P-1 Athletes - A clear advantage of the P-1 category is the wide variety of athletes who may qualify under its provisions. The P-1 category encompasses all athletes who perform at an internationally recognized level of performance and who fall into one of four sub-categories: 1) individual athletes, 2) athletes who are members of certain professional leagues, 3) athletes and coaches who participate in certain amateur leagues, or 4) athletes who participate in theatrical ice skating productions.

A P-1 athlete must be coming to the US to participate in an athletic competition that has a distinguished reputation and that requires participation of an athlete or athletic team that has an international reputation.

• An individual athlete may obtain P-1 classification if he or she is an internationally recognized athlete based on his or her own reputation and achievements as an individual or if he or she is as member of a foreign team that is internationally recognized. The alien must be coming to the US to perform services that require an internationally recognized athlete. Individual athletes must be coming to the US to participate in an athletic competition with a distinguished reputation that requires participation of an athlete or a foreign athletic team with an international reputation.
• Professional team athletes may qualify for a P-1 visa so long as they are employed by a team that either is a member of an association of 6 or more professional sports teams whose total combined revenue exceed $10 million per year where the association governs the conduct of its members and regulates the contests and exhibitions in which its member teams regularly engage or is a minor league team that is affiliated with such an association.
• Amateur athletes and coaches may obtain a P-1 visa if they are part of a team or franchise that is located in the US and is a member of a foreign league or association of 15 or more amateur sports teams, if 1) the foreign league or association is the highest level of amateur performance of that sport in the relevant foreign country; 2) participation in such league or association renders players ineligible to participate in sports at the collegiate level in the US under NCAA rules; and 3) a significant number of individuals who play in such league or association are drafted by a major sports league or its minor league affiliate
• Finally, professional or amateur athletes who perform in a theatrical ice skating production may qualify for a P-1 visa. These athletes may come to the US either to perform in a specific theatrical ice skating production or tour or to perform as an athlete in a specific athletic competition. Thus, professional or amateur figure skaters who are part of such productions are not limited to seeking a P-1 visa for theatrical ice skating in the US

Although the visa category requirements are fairly specific, most athletes who play for major and minor league sports leagues may qualify. The P-1 visa also has benefits for team administrators, because there is no limit on the number of athletes for whom a team may petition, and there is no national cap on the number of non-immigrants who may enter the US on a P-1 visa as there is with the H-2B visa category that most minor league teams used previously. This flexibility will allow teams to more easily add players mid-season, assuming they encounter no difficulties from the USCIS or relevant consulate during the actual petition process.

If you have any questions about the P Visa or any other visas to the USA or to other countries, please contact our office.

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| Why Work with Immigration Solutions

Immigration Compliance Group's strategic partnering approach with its clients, has earned them a reputation that speaks clearly to the necessity in today's global marketplace of delivering sound immigration legal counsel coupled with proactive business insight. This practical, focused approach enables our clients to concentrate on the core competencies of operating their business and produces rewarding and productive win-win results all the way around.  We can design a fairly-priced immigration program that works for you, whether it's providing your employee or client with a business visa to the US or abroad, transferring an employee or artist inbound to the USA, working with you on employer compliance issues or handling your O-1 or P-1 sports team filings with USCIS.  Our creative and flexible approach has won us many accolades.  We are accustomed to dealing with high-profile clients and our staff members have background and expertise in the entertainment industry, human resources and the specialized practice of law in business-related global immigration maters. Contact:  info@immigrationcompliancegroup.com or telephone 562 612.3996.

We look forward to designing an immigration program for you that uniquely meets your specific needs and requirements.  And finally - if you like the newsletter, try out our Blog and Podcast.

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