O que são os vistos P-1B e P-1S?
Angelica Rice • December 15, 2022
Uma das opções de visto que os Serviços de Cidadania e Imigração Americanos (USCIS) oferecem é o visto P. Os vistos P são geralmente reservados para atletas reconhecidos internacionalmente (P-1A), artistas ou grupos que estão se apresentando em um programa cultural específico (P-2), artista ou entertainer que faz parte de um programa culturalmente único (P-3), ou alguém que seja membro de um grupo de entretenimento reconhecido internacionalmente (P-1B) e sua equipe técnica (P-1S).
A classificação P-1B
se aplica a você se estiver vindo para os Estados Unidos temporariamente, para se apresentar como membro de um grupo de entretenimento, estabelecido há no mínimo um ano e que seja famoso internacionalmente dentro da sua área de atuação, por um período estável e significativo.
Para ser elegível para o visto P-1B, pelo menos 75% dos membros da equipe devem ter um vínculo relevante e consistente com o grupo por pelo menos um ano (ou seja, pelo menos 75% dos membros da equipe devem ter sido membros por pelo menos um ano).
Além disso, o grupo de entretenimento precisa ser reconhecido internacionalmente, muito conhecidos na sua área, comprovado por habilidades e reconhecimento bastante acima da média a ponto de serem renomados, líderes na sua área de atuação e reconhecidos em mais de um país. A reputação do grupo é essencial, não a de um único indivíduo do grupo, nem o sucesso de apenas uma produção em particular.
Observe que este é um visto para equipes e, artistas individuais que não se apresentem como parte de um grupo, não são elegíveis para esta classificação de visto. No entanto, artistas individuais ou em dupla que se apresentam regularmente com instrumentistas de apoio, também podem ser elegíveis para este visto.
O pessoal de apoio, essencial para a performance do grupo, também é elegível para o visto P-1 para acompanhar e auxiliar o grupo. Esse seria o visto P-1S e seria requerido ao mesmo tempo da petição de visto P-1B do grupo. Para que o pessoal de apoio seja elegível para um visto P-1S, deve ser demonstrado que eles são parte integrante da apresentação de artista(s) P-1 e que realizam serviços de apoio que não podem ser prontamente executados por um trabalhador dos EUA. O pessoal de suporte pode incluir pessoal administrativo, operadores de câmera, técnicos de iluminação e pessoal de palco.
Para obter mais informações sobre P-1B e P-1S, bem como outros vistos P, e para determinar se um desses vistos é adequado para você, entre em contato com um de seus experientes advogados de imigração!
Este blog não se destina a ser um aconselhamento jurídico e nada aqui deve ser interpretado como estabelecimento de uma relação cliente-advogado. Por favor, agende uma consulta com um advogado de imigração, antes de agir baseado em qualquer informação lida neste blog.
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In the shifting landscape of college athletics in 2026, maintaining your F-1 student visa status as an international student-athlete can be complicated, but the rules are less restrictive than they were under the traditional NCAA model as we will discuss below. At the core of your status is the Full Course of Study requirement. To stay "in status," you must be enrolled in a full-time credit load (typically 12 credits for undergraduates) and making "normal progress" toward your degree. Following recent 2025 policy updates, there is a heightened emphasis on in-person attendance; you must ensure the majority of your credits are physical, on-campus classes, as exceeding online course limits can trigger an automatic SEVIS record termination. Always consult your Designated School Official (DSO) before dropping a class, as even a one-credit dip can jeopardize your ability to stay in the country and compete. As a student athlete, you will likely also have access to an academic advisor who can help you balance your course load with your athletic responsibilities. Beyond academics, you must simultaneously manage your NCAA Eligibility in order to compete with your athletic team. While your visa is governed by federal law, your right to play college athletics is governed by the eligibility department for whatever athletic association your school is a part of- this means the NCAA Eligibility Center for NCAA programs, PlayNAIA for NAIA programs, or the NJCAA’s eligibility center for junior college programs. For current students, this means meeting "Progress Toward Degree" (PTD) milestones, such as completing a specific percentage of your degree requirements each year and maintaining a minimum GPA (“grade point average”, measuring your academic grading results). It is a dual-track responsibility: your DSO monitors your legal presence, while your athletic compliance officer monitors your roster eligibility. Remember that you need to keep up with standards in both academic eligibility and athletic compliance in order to be a successful student athlete. If you become academically ineligible to play, or don’t follow athletic compliance rules, you may lose the very scholarship that provides the "financial proof" required for your visa. The biggest new change to the student athlete landscape at the NCAA level is Name, Image, and Likeness payments, often referred to as “NIL”. While a recent legal challenge, House v. NCAA, resulted in a settlement that allows for direct revenue sharing for domestic athletes, international students must remain extremely cautious. 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A good agent will know and respect the rules that you need to follow, while someone less scrupulous may not be so concerned since they are not the ones risking their eligibility. 2) An immigration attorney can help you make sure you are staying compliant with immigration laws when pursuing NIL opportunities - NIL brings an exciting, and potentially lucrative, new element to college sports. However, it’s important to keep in mind that the system and its rules are designed for all student athletes and not specifically tailored to the additional considerations that a foreign student-athlete must adhere to in order to maintain your F1 visa. A good immigration attorney can help you navigate that aspect when you are planning strategies for maximizing your NIL potential. If you are a current or prospective student-athlete, or even a coach or administrator at a college program with questions about the F1 visa process or NIL opportunities for international student-athletes, you should consult with an immigration attorney. We are happy to offer such guidance, please contact us using the form available here on our website at www.santoslloydlaw.com and we will be in touch with you shortly.
Once you have connected with a college program, have been admitted to the school, and deemed eligible to compete athletically, you will need to secure an F-1 student visa in order to actually attend your new college and begin your time as a student athlete. The first step in the visa process is to receive your Form I-2
In the shifting landscape of college athletics in 2026, maintaining your F-1 student visa status as an international student-athlete can be complicated, but the rules are less restrictive than they were under the traditional NCAA model as we will discuss below. At the core of your status is the Full Course of Study requirement. To stay "in status," you must be enrolled in a full-time credit load (typically 12 credits for undergraduates) and making "normal progress" toward your degree. Following recent 2025 policy updates, there is a heightened emphasis on in-person attendance; you must ensure the majority of your credits are physical, on-campus classes, as exceeding online course limits can trigger an automatic SEVIS record termination. Always consult your Designated School Official (DSO) before dropping a class, as even a one-credit dip can jeopardize your ability to stay in the country and compete. As a student athlete, you will likely also have access to an academic advisor who can help you balance your course load with your athletic responsibilities. Beyond academics, you must simultaneously manage your NCAA Eligibility in order to compete with your athletic team. While your visa is governed by federal law, your right to play college athletics is governed by the eligibility department for whatever athletic association your school is a part of- this means the NCAA Eligibility Center for NCAA programs, PlayNAIA for NAIA programs, or the NJCAA’s eligibility center for junior college programs. For current students, this means meeting "Progress Toward Degree" (PTD) milestones, such as completing a specific percentage of your degree requirements each year and maintaining a minimum GPA (“grade point average”, measuring your academic grading results). It is a dual-track responsibility: your DSO monitors your legal presence, while your athletic compliance officer monitors your roster eligibility. Remember that you need to keep up with standards in both academic eligibility and athletic compliance in order to be a successful student athlete. If you become academically ineligible to play, or don’t follow athletic compliance rules, you may lose the very scholarship that provides the "financial proof" required for your visa. The biggest new change to the student athlete landscape at the NCAA level is Name, Image, and Likeness payments, often referred to as “NIL”. While a recent legal challenge, House v. NCAA, resulted in a settlement that allows for direct revenue sharing for domestic athletes, international students must remain extremely cautious. Under U.S. immigration law, most "active" NIL activities—such as filming commercials, doing paid autograph signings, or posting sponsored content while physically in the U.S.—are considered unauthorized employment for international student athletes. Even if the NCAA allows it, the Department of Homeland Security may not. To protect your status, focus on "passive" income opportunities, such as licensing your image for video games or engaging in brand deals only when you are physically outside the U.S. during breaks. In addition to allowing student-athletes to receive NIL revenue, the NCAA now also allows student-athletes to sign representation agreements with agents specifically to help manage NIL opportunities. 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When it comes to NIL as with other aspects of the student-athlete experience, proactive communication and documentation are your best defenses. Never sign an NIL contract or accept a "stipend" without having it reviewed by both your school’s compliance office and an immigration attorney. Additionally, keep your Form I-20 updated with a valid travel signature, especially if you are traveling for international competitions or returning home. In the current 2026 regulatory environment, "ignorance of the rules" is not a valid defense; stay in constant contact with your DSO to ensure every move you make on the field is backed by a solid legal standing off the field. Tips on this part of your student-athlete journey: 1) When dealing with agents, remember that YOU as a student athlete are the one bound by NCAA (or other athletic association) rules, they are not - this means you are the party who has everything to lose by violating those rules. A good agent will know and respect the rules that you need to follow, while someone less scrupulous may not be so concerned since they are not the ones risking their eligibility. 2) An immigration attorney can help you make sure you are staying compliant with immigration laws when pursuing NIL opportunities - NIL brings an exciting, and potentially lucrative, new element to college sports. However, it’s important to keep in mind that the system and its rules are designed for all student athletes and not specifically tailored to the additional considerations that a foreign student-athlete must adhere to in order to maintain your F1 visa. A good immigration attorney can help you navigate that aspect when you are planning strategies for maximizing your NIL potential. If you are a current or prospective student-athlete, or even a coach or administrator at a college program with questions about the F1 visa process or NIL opportunities for international student-athletes, you should consult with an immigration attorney. We are happy to offer such guidance, please contact us using the form available here on our website at www.santoslloydlaw.com and we will be in touch with you shortly.
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