\ afm \ Adjudicator's Field Manual - Redacted Public Version \ Chapter 33 Performing Artists, Entertainers, Athletes and Others of Extraordinary Ability (O & P Classifications). \ 33.10 Special Agreements.
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33.10 Special Agreements.
National Hockey League Personnel
. (Must be adjudicated at NSC)
Hockey players who have signed a major league contract are eligible as P-1s. (Minor league contract holders must file as H-2B nonimmigrants. However, in order to preserve H-2B slots, most minor league players are on contracts which automatically convert to major league contracts as soon as the player is promoted to the major leagues. If so, they are eligible to be petitioned for as P-1s upon promotion.)
The evidence required to support the petition:
Copy of the Major League Contract
A letter from the League regarding the process of establishing the level of competition in the League.
A letter from the NHL Player's Association (a labor organization - Note: an individual consultation letter is NOT required.)
The length of approved stay for the P-1 hockey player will be the length of the event. The length of the event can be either the season or the length of the player's contract. The P-1 for hockey players procedures were established to allow the alien beneficiary(ies) to play hockey, not to engage in outside activities such as summer camps.
When a trade of P-1 hockey players is concluded between two U.S. teams, the players will be allowed to play for the new team for a thirty day period, but the new team must petition for the player within that time frame. This provision is for trades between U.S. teams only.
Essential Support Personnel
The team seeking support personnel must have at least one P-1 alien playing on it. Minor league hockey teams may also employ P-1 accompanying aliens provided that the team has a P-1 hockey player on it. They might not presently have a P-1 hockey player on the team, but if they can establish that they will have one during the up-coming season, this is okay. If this is the case, the team is to submit evidence of this. They can establish eligibility by submitting evidence that they have employed alien players
with NHL contracts in the immediate prior season and that they have an affiliation with a major league team which will continue through the upcoming season.
Linesmen, Referees, and Other Game Officials
will be petitioned for by the League rather than a team
They will be accorded P-1 support status. There is a union for game officials and these petitions should be filed by the league and accompanied by a consultation. A copy of the current Collective Bargaining Agreement between the League and the National Hockey League Officials Association which bears the beneficiary's signature and the NHL Officials Association cover letter will be accepted as a consultation. They relate that there is no labor organization for trainers.
Major League Baseball Personnel
. (Must be adjudicated at NSC.)
The pertinent letter from the Major League Baseball Players Association (MLBPA) states that all foreign baseball players who have signed a major league contract have in the opinion of the MLBPA, established eligibility for either P-1 or O-1 classifications. Officers are to accept this letter as the required consultation.
Since the above letter and a league letter (which describes the process for establishing the level of competition in the league) has been furnished to Headquarters, the major league baseball club would not need to submit anything more than the major league contract when filing their petition.
The approved length of stay for the P-1 baseball player will be the length of the contract (not to exceed 5 years) or the length of the season. (A multi-year contract is considered to be one “event.”) Approval is only for playing baseball and other activities included in the contract, not for participation in off-season camps or other activities not covered in the contract.
Essential support personnel may be approved for minor league teams if it is established that the team has at least one P-1 player on it. As in hockey, the officials will be petitioned for by the League.
Traded players will be able to work for the new team up to 30 days and within that time frame, a petition must be filed on their behalf by their new employing team. This is true only for trades between U. S. baseball teams at this time.