B2 to P1 Visa Transfer: Process, Advantages, and Disadvantages

Key Takeaways:

• B2 visa is for tourists, P1 visa is for athletes and entertainers coming to the U.S. to perform.
• Steps for transferring from B2 to P1 visa include securing a sponsor, filing forms, and waiting for approval.
• Advantages of a P1 visa include legal work authorization, longer stay, and family accompaniment. Disadvantages include cost and processing time.

Are you currently in the United States on a B2 tourist visa and looking to switch to a P1 athlete or entertainer visa? This post will guide you through the B2 to P1 visa transfer process, outlining the advantages and disadvantages of making such a move.

Understanding B2 and P1 Visas

Before we delve into the transfer process, let’s first understand the two visa categories. The B2 visa is for tourists on a temporary visit for pleasure or medical treatment. In contrast, the P1 visa is designed for athletes, entertainers, and artists coming to the U.S. to perform at a specific competition or event.

B2 to P1 Visa Transfer Process

If you’re in the U.S. on a B2 visa and have the opportunity to perform as an athlete or entertainer, you might be considering switching to a P1 visa. Here’s how you can make the switch:

1. Secure a U.S. Employer or Agent: To qualify for a P1 visa, you must have a U.S. employer or agent that will sponsor you.

2. Form I-129 Petition: Your sponsor will need to file Form I-129, Petition for a Non-Immigrant Worker, on your behalf with U.S. Citizenship and Immigration Services (USCIS). It’s vital to ensure that this form is thoroughly completed and includes all the necessary evidence of your eligibility.

1. Wait for Approval: After the petition is filed, you will need to wait for USCIS to approve it. The processing time can vary depending on their workload and your case specifics.

2. Change of Status: If you’re still in the U.S. when your petition is approved, your sponsor may file a Form I-539, Application to Extend/Change Nonimmigrant Status, to change your status from B2 to P1.

3. Visa Stamping: If you’re outside the U.S. when your petition is approved, or if you leave the U.S. before changing your status, you will need to go through consular processing. This means applying for the P1 visa at a U.S. Embassy or Consulate in your home country.

Remember, you cannot start working under your P1 status until USCIS approves the change of status or you have received the P1 visa stamp in your passport.

Advantages of Transferring from B2 to P1 Visa

• Legal Work Authorization: A P1 visa allows you to legally work in the United States in your field of expertise, unlike the B2 visa which doesn’t allow employment.

• Longer Stay: P1 visas typically grant a longer duration of stay compared to B2 visas, often aligned with the length of your contract or event, up to a maximum of 5 years for individual athletes.

• Family Accompaniment: Dependents of P1 visa holders can enter the U.S. on a P4 visa.

Disadvantages of Visa Transfer

• Cost: The cost of applying for a P1 visa includes filing fees for Form I-129 and possibly for the change of status application, attorney fees, and other administrative expenses.

• Processing Time: The process can be time-consuming, and you are not allowed to work until you have officially obtained your P1 visa or your status has been changed.

• No Guarantee: Approval is not guaranteed and depends on the strength of your petition and qualifications.

• Nonimmigrant Intent: Like the B2 visa, the P1 visa is a nonimmigrant visa, requiring you to maintain an intention to return to your home country after your visa expires.

Concluding Thoughts

Switching from a B2 to P1 visa can open up new opportunities for athletes and entertainers who wish to work in the United States. However, it’s essential to weigh the costs, time, and effort involved in the transfer process against the benefits such a visa change could bring to your career.

Ensure you stay informed about the latest USCIS updates and seek guidance from immigration professionals when considering a visa change. Proper preparation and comprehension of the requirements will contribute significantly to a successful B2 to P1 visa transfer.

Still Got Questions? Read Below to Know More:

Can I travel within the US while waiting for my B2 to P1 visa status change, or do I have to stay in one place

Yes, you can travel within the United States while waiting for your B2 (tourist visa) to P1 (athlete or entertainer visa) status change, as long as you maintain legal status within the U.S. during your travels. It’s essential to keep a few important points in mind while you travel:

1. Maintain Legal Status: Make sure your B2 visa does not expire while you are waiting for your change of status to P1. Overstaying can lead to adverse immigration consequences.

2. Carry Documentation: Always carry copies of your immigration paperwork, including your I-797 receipt notice for the change of status application, your valid passport, and B2 visa. This documentation can be requested at any time, especially if you encounter checkpoints or need to prove your legal status.

3. Stay Informed: Keep track of the progress of your application and be aware of any required actions or appointments. If you have filed your change of status application (I-129 Form for P1 visa), check its status online through the USCIS Case Status Online tool.

“You may travel within the U.S. or travel abroad and reenter the U.S. after a brief visit during the processing of your change of status application. However, if you depart the U.S. before your change of status is approved, your application for a change of status usually will be considered abandoned.” – This quote emphasizes the risk of traveling internationally while your status change is pending.

Here are some authoritative immigration sources where you can find relevant information:

• U.S. Citizenship and Immigration Services (USCIS) official webpage on Change of Nonimmigrant Status: USCIS Change of Status
• USCIS Case Status Online tool to track your application: USCIS Case Status

Overall, while you can move around within the United States, just remember to remain compliant with immigration laws, keep your important documents accessible, and stay updated on your application status during this period.

I’m on a B2 visa and just got a gig offer – can I perform while the P1 visa application is in process, or do I have to wait until it’s approved

If you are currently in the United States on a B2 visitor visa, it is important to understand the limitations of that visa type. The B2 visa is strictly for tourism, visiting family and friends, or getting medical treatment. The U.S. Citizenship and Immigration Services (USCIS) states:

“An individual on a visitor visa (B1/B2) is not permitted to accept employment or work in the United States.”

Therefore, you are not allowed to perform or take any gig that would be considered employment on your B2 visa. You can find more information about the restrictions of a B2 visa on the official USCIS B1/B2 Visa page: USCIS – Visitor Visa.

Regarding your P1 visa application, you cannot start working until your P1 visa is approved. The P1 visa is for individuals coming to the U.S. to perform at a specific athletic competition or entertainment event. The USCIS provides guidance on the P1 visa process:

“The P1 classification applies to you if you are coming to the U.S. temporarily to perform at a specific athletic competition as an athlete, individually or as part of a group or team, at an internationally recognized level of performance.”

Once your P1 visa petition is approved by the USCIS, you need to apply for the visa at a U.S. Embassy or Consulate. Only after the P1 visa is stamped in your passport and you are admitted to the U.S. under that classification, are you authorized to begin your gig. Here is the official page for the P1 visa information: USCIS – P-1A Internationally Recognized Athlete.

In summary, you must wait until your P1 visa is approved to legally perform in the United States. Engaging in work while on a B2 visa or before your P1 visa is approved could lead to denial of your application, revocation of your visa, or being barred from entry to the U.S. in the future.

My spouse is on a B2 visa with me; will they automatically get a P4 when I switch to P1, or is there a separate process

If you switch from a B2 visa to a P1 visa, which is typically for athletes, entertainers, and their support personnel coming to participate in events and performances in the United States, your spouse will not automatically get a P4 visa. A P4 visa is the designation for dependents of P1 visa holders, such as spouses and unmarried children under the age of 21. There is indeed a separate process for your spouse to change their visa status from B2 to P4.

Here’s what you need to do:

1. File a Form I-539: Your spouse must submit a Form I-539, Application To Extend/Change Nonimmigrant Status, to the U.S. Citizenship and Immigration Services (USCIS) in order to change their visa status from a B2 to a P4. This form can be filed either along with your P1 visa application or separately, if your P1 status has already been approved.

2. Provide Supporting Documentation: Along with the I-539 form, your spouse will need to provide evidence of your P1 status, evidence of the relationship (like a marriage certificate), and proof that they will support themselves financially during their stay.

3. Wait for a Decision: After the application is filed, USCIS will review the petition and your spouse will have to wait for a decision. It’s important not to assume approval and avoid staying beyond the authorized period on their B2 visa unless USCIS has granted the change of status to P4.

Remember, any time you’re dealing with immigration processes, it’s crucial to maintain legal status and follow the proper procedures to avoid complications. For more detailed instructions and to access the Form I-539, please refer to the official USCIS website: USCIS Form I-539.

Always consult with an immigration attorney or a trusted immigration advisor if you have specific questions regarding your situation.

If I have a performance in a month, how quickly can I switch from a B2 to a P1 visa to make sure I’m legal to work

If you’re currently in the United States on a B2 tourist visa and you have a performance scheduled in a month, you would need to change your status to a P1 visa, which is designed for individual or team athletes, or members of an entertainment group that are recognized internationally. To legally work in the U.S. with the proper visa, here are the steps you need to take promptly:

1. File Form I-129, Petition for a Nonimmigrant Worker
   • Your U.S. employer or sponsoring organization must file USCIS Form I-129 on your behalf. This form requests a change of status to that of a P-1 nonimmigrant.
   • Time-sensitive: USCIS recommends filing at least 45 days before the individual’s current status expires, but not more than 6 months before the planned employment starts. Since you have a performance in a month, it is crucial to file this as soon as possible.
2. Gather Required Documentation
   • Provide evidence of the engagement, such as a contract with a major U.S. sports league or team, or a contract in an individual sport commensurate with international recognition. For entertainers, proofs like reviews, advertisements, press releases, contracts, or endorsements can support your case.
3. Await Processing
   • Currently, the USCIS processing time for Form I-129 varies. To expedite processing, you can request Premium Processing Service by filing Form I-907 and paying an additional fee. This service guarantees processing within 15 calendar days.

Keep in mind, changing status within the United States doesn’t grant you a new visa; visas can only be issued at U.S. consulates abroad. If you leave the U.S., you’ll need to apply for the P1 visa at a consulate before returning to the U.S. to perform.

Here are direct quotes from the USCIS regarding filing times and Premium Processing:

• “We recommend that you file the Form I-129 and premium processing request simultaneously to better ensure premium processing service.”

• “USCIS provides premium processing service for certain employment-based petitions and guarantees a 15-calendar day processing time.”

For the most up-to-date and detailed information, always refer to the official U.S. Citizenship and Immigration Services (USCIS) website. Here is where you can access Form I-129 Form I-129, Petition for a Nonimmigrant Worker and information on Premium Processing Service Form I-907, Request for Premium Processing Service.

Remember that immigration processes are subject to change, and it’s important to check the latest guidelines from USCIS or consult with an immigration attorney to ensure you take the right steps for your specific situation.

What happens if my P1 visa application gets denied – can I reapply, or do I have to leave the US right away

If your P1 visa application is denied, it’s important to understand your options moving forward. The P1 visa is designated for athletes, entertainers, and their support personnel who wish to enter the United States to perform at a specific competition or event.

Firstly, a visa denial does not necessarily require you to leave the United States immediately, especially if you are in the country on a different, valid visa. However, if you were seeking to adjust your status or extend your stay and your application is denied, you must be cautious about the period of authorized stay previously given to you. Overstaying can lead to potential legal issues, including but not limited to, future inadmissibility.

After a visa denial, you have two primary options:

1. Reapply: You can reapply for a P1 visa. Before doing so, it’s crucial to address the reasons for the initial denial, which are usually provided by the consular officer. Make sure to submit any additional documents that could support your eligibility. There is no statutory limit to the number of times you can reapply.

2. Appeal or Motion: If you believe the decision was made in error, you may have the option to file an appeal or a motion to reopen or reconsider with the U.S. Citizenship and Immigration Services (USCIS).

It is always recommended to consult with an immigration attorney after a denial to guide you through your next steps. For more information on visa denials, you can visit the U.S. Department of State website:
“Understanding Visa Denials”

And for further guidance specific to the P visa class, check the USCIS website:
“Temporary Worker Visas”

Learn today

Glossary

B2 visa: A temporary visa category that allows individuals to visit the United States for pleasure or medical treatment.

P1 visa: A visa category designed for athletes, entertainers, and artists who are coming to the United States to perform at a specific competition or event.

Transfer: In the context of visas, transferring refers to changing from one visa category to another while in the United States.

U.S. Employer or Agent: A U.S.-based individual or organization that sponsors and hires a nonimmigrant worker, such as an athlete or entertainer, for the purpose of obtaining a P1 visa.

Form I-129: A petition for a Nonimmigrant Worker that needs to be filed with the U.S. Citizenship and Immigration Services (USCIS) by the sponsor of a P1 visa applicant.

USCIS: U.S. Citizenship and Immigration Services, a government agency responsible for processing immigration-related applications and petitions.

Processing Time: The duration it takes for the USCIS to review and make a decision on an application or petition.

Change of Status: The process of transitioning from one nonimmigrant visa category to another without leaving the United States.

Form I-539: An application to Extend/Change Nonimmigrant Status that needs to be filed with the USCIS for a change of status from B2 to P1 while in the United States.

Visa Stamping: The process of obtaining a visa, which involves a U.S. Embassy or Consulate placing a visa stamp in an individual’s passport, allowing them to travel to the United States.

Consular Processing: The procedure for obtaining a visa at a U.S. Embassy or Consulate in an individual’s home country, typically required if they are outside the United States when their petition is approved or if they leave the U.S. before changing their status.

Legal Work Authorization: The permission granted to an individual to work lawfully in the United States within the specific parameters of their visa category.

Duration of Stay: The period of time that an individual is allowed to remain in the United States on a specific visa.

Dependents: Immediate family members (spouses and unmarried children under 21 years old) of the primary visa holder.

P4 visa: A visa category that allows dependents of P1 visa holders to accompany them to the United States.

Filing Fees: The mandatory fees required to be paid when submitting an application or petition to the USCIS.

Attorney Fees: The charges associated with hiring an immigration attorney to provide legal advice and assist with the visa transfer process.

Administrative Expenses: Additional costs related to the visa transfer, such as fees for document preparation, translation services, or medical examinations.

Nonimmigrant Intent: The requirement for visa applicants to prove that they have a temporary intent to visit or work in the United States and that they plan to return to their home country after their visa expires.

So there you have it! Switching from a B2 to P1 visa can be a game-changer for athletes and entertainers. Just remember to consider the cost, processing time, and nonimmigrant intent. If you’re looking for more information on visa transfers and other immigration topics, head over to visaverge.com. Stay informed and let your talent shine on American soil!