We have experience providing high-quality corporate services to high-net-worth individuals, family offices, multinational corporations, financial institutions, and fund managers.

As a client of Custos, you can expect the highest level of service brought to you with a distinctive personal touch. We help you set up, administer, manage and grow your business by letting you do what you do best: focus on your core business. Our staff will support you every step of the way, with all the corporate services and administrative support you need. 

For private wealth clients we work with a view to building long-term relationships. Our wide range of legal, financial, fiduciary, and administrative services extends to helping private wealth clients with their assets, trusts, corporate structures, investments, and financing transactions. Our local staff has the ability to connect with a worldwide network of professionals with local knowledge to deliver a tailor-made solution in important economic centers of the world. 

Our private wealth client services include

Trustee Services

Formation, Immigration & Management Services

Administrative Services

Your estate is the collection of everything you own — money, property, and other personal belongings. No matter how much you own, those things will need to go somewhere after you pass away. That’s where estate planning comes in.

Estate planning allows you to prepare for what happens to your estate when you pass away. Many people feel that an estate plan is only for rich people, but that isn’t the case. If you own anything of value or if you have dependents who need to be cared for if you were to pass unexpectedly, you should have a plan.

Importantly, an estate plan also describes the kind of care you want should you become incapacitated (unable to care for yourself), and who will handle your affairs if you can’t. This is an important thing to plan for no matter how much money you have.

Key takeaways

What is an estate plan?

An estate plan is a collection of legal documents that lays out your intentions and expectations for two general situations:

Your estate is the collection of everything you own. That includes cash, investments, real estate, business interests, and any other personal property. When you pass away, all of those assets need to go somewhere. An estate plan lays out who gets what.

Just as importantly, an estate plan explains what you want loved ones and caretakers to do if you become incapacitated and can no longer take care of yourself. That covers health care, long-term care, who will manage your finances, and who will look after your children if necessary.

Unsure why it’s necessary to plan for becoming incapacitated? Consider that according to the U.S. Centers for Disease Control and Prevention (CDC), two in five Americans age 65 and older live with a disability, which can affect their day-to-day lives. More than half of Americans aged 65 and older also suffer from Alzheimer’s or a related form of dementia. Even if this never affects you, it’s better to be prepared.

Who needs an estate plan

Everyone should have an estate plan. If you own anything of value, you will need a plan for how to pass it on. The thing often overlooked is that a plan can make life a lot easier for your loved ones, who won’t want to be thinking about financial and legal matters as they grieve and handle your funeral arrangements.

Four common estate planning myths

To help drive home the point that everyone should have an estate plan, let’s dispel some common myths that exist around estate planning.

Myth 1: I’m young so I don’t need to worry about it

Even someone who’s 30 will probably have multiple bank accounts, a retirement account, debts, and personal property that needs to go somewhere should they die. It’s frightening to think about your own death, but life is unpredictable and it’s a lot easier for your loved ones if you create a plan before you die.

In some cases, you can also save money by creating your plan now. For one, a life insurance policy will be significantly cheaper when you’re young and healthy than when you’re in your 50s or 60s. You can clearly see that in this breakdown of life insurance costs.

Myth 2: I don’t need a plan since my spouse just gets everything

Even if you’re married, you and your spouse should each have a plan. An estate plan will prevent people from contesting ownership of your things and then potentially dragging out the disbursement of assets for months or more. There are also unique situations: what if your spouse dies before you or soon after you? Things could get messy if neither of you has a written plan.

At the very least, a clear plan will reduce the number of decisions your spouse and loved ones have to make while they’re grieving.

Myth 3: My family will know what to do

While we like to think that our family and friends will follow our wishes after we pass away, it’s hard to guarantee that without a legal document instructing them on what to do. Unfortunately, people may act unexpectedly when a larger inheritance is a possibility. There are also seemingly small things you may not even consider but that could lead to disagreements, like who will get that box of old pictures in your closet.

Myth 4: Once I create a plan, I’m done

It’s vital that you keep your plan and all documents current. If you divorce, do you still want everything to go to your ex-spouse? What happens if one of your beneficiaries dies before you do?

Regularly check your list of beneficiaries and make sure that all your documents still reflect your current wishes.

What actually happens to an estate after you die?

It’s easier to understand the estate-planning process if you know what happens to your estate when you pass away.

Everything you own at the time of your death becomes your estate. Then, the estate goes through the probate process, where a probate court decides what happens to your assets.

If you had a will, the court uses the will as their guide. If you didn’t have a will or if it was invalid for some reason, you are considered to have died intestate and the court uses local intestacy laws to decide who inherits your assets.

What is probate?

Probate is the process of verifying that your will is legal and that your final wishes are carried out. A will does not help your estate avoid probate. It simply makes the process smoother because the court can use it as a guide to what you wanted.

More about probate: Learn how much probate costs and how long probate takes.

For most small estates, probate is a pretty simple process that can be completed relatively quickly. However, things may slow down if someone contests your will, which means they challenge what’s in it. Perhaps they feel they were wrongfully excluded or that they deserve something other than what the will says they’ll receive. Contesting a will can drag out the probate process for months and potentially cost a lot in lawyer or court fees.

If you don’t have a will, your estate still goes through a probate court. The difference is that a judge will appoint someone to handle disbursing your assets. But the cost of a will can be affordable.

Who handles your estate?

Ideally, you have created a will that names someone as your executor. The executor of your estate, also called a personal representative, manages your estate through the probate process. They handle tax bills, debts you hadn’t paid off, and other matters affecting your estate. The executor also oversees the disbursement of your assets to beneficiaries.

Most people nominate their spouse or child of legal age as an executor, but you can choose anyone. However, the person you nominate is allowed to decline, so make sure to choose a contingent executor or two.

If you don’t name an executor before you die, the probate judge will choose an administrator.

Taxes on your estate

Your executor handles all tax bills for your estate. The money comes out of the estate, normally from your bank accounts. If necessary, the executor may need to (and has the right to) liquidate assets to pay off certain debts.

Your executor will file an income tax return for you and for your estate if it earns income, such as a rental property might. The executor will also handle any property taxes.

Very wealthy estates also need to think about estate tax.

Estate tax

Estate tax applies to your estate before anything is distributed to your heirs, but it only affects wealthy estates.

As of 2023 the first $12.92 million of your estate is exempt at the federal level. You only pay tax if your taxable estate is worth more than the current exemption, and so very few people actually pay federal estate tax. (Any assets passed to a surviving spouse are also exempt.) If your estate is worth that much, your executor is responsible for determining your taxable estate, filing the proper forms, and paying the tax bill.

There is also an estate tax in 12 states and the District of Columbia:

Some states have lower exemptions so you may need to pay a tax to the state even if you don’t have to pay federally. However, you still don’t need to worry about the tax in any of those places unless your estate is worth at least $1 million when you die.

Inheritance tax

Inheritance tax applies to the people receiving assets (not the estate itself) and the tax depends on how much they inherit.

The following six states have an inheritance tax:

States also exempt or apply lower rates to certain relatives. A surviving spouse is exempt from paying inheritance tax and sometimes the deceased person’s children are, too. Less direct relatives, like cousins, and unrelated individuals usually pay the highest rates.

Community property states

Most states use common law, which means that whichever spouse bought or has their name on the title of an asset is the owner. A handful of states have community property laws, which dictate that any asset a married person gets while they’re married is owned equally, 50/50, by their spouse.

If you live in one of the community property states, your spouse may be entitled to receive your community property after your death. This can make it difficult to pass on assets to other heirs. A well-written will may allow you to bequeath assets to others, but state laws vary. You should talk to an estate planning attorney if you live in one of these states, to learn what your options are.

The Four steps of estate planning

Step 1: List everything you have

The best way to start estate planning is to take an inventory of all your assets. Identifying these up front can save a lot of time in the future, especially if you’re working with an attorney or working on a joint plan with your spouse. Keep your list in a place where you can easily reference and update it.

Make sure to include

Having an asset inventory can also help you in other situations, like when you apply for homeowners insurance and need to know how much coverage to get.

One thing you may not need to include? Any payable-on-death accounts (POD accounts) you have. Also called transfer-on-death accounts (TOD accounts), the funds in these accounts pay out to a named beneficiary, bypassing probate.

Step 2: Create a plan

Once you have a record of all your things, you can start to create an estate plan. Consider who you want to pass things on to. These are your beneficiaries. Also, think about who you would bequeath things to if something happened to your primary beneficiary choices. (These alternative choices are known as your secondary or contingent beneficiaries.)

How you actually create your plan depends on your situation.

One benefit of working with a professional is that they have experience planning estates and know how to create a plan even if you aren’t sure what you want to do. And even though an attorney will cost more, it can save your loved ones from the cost of an expensive probate trial should someone contest your will.

You can find more guidance on how to actually create an estate plan later on.

Step 3: Execute the plan

Your individual situation determines how exactly this step looks. For some people, you won’t have to do much right now. You will sign some documents, put them somewhere safe, and then notify everyone involved in the plan that you have actually signed the documents.

At the same time, you may have quite a bit to do once your plan becomes official. Maybe you’ll need to change the names on some titles, sell a property, or begin regularly gifting money and assets to your beneficiaries.

Step 4: Keep your plan updated

It’s important that you keep your estate plan up to date and that you continue following your plan. This is especially true if you create your plan while you’re young or if you experience a major change in life, like a divorce or the birth of a child. In some cases, a beneficiary may pass away before you.

Even if there are no major changes in your life, you have to remember to stick to your plan. If your plan calls for joint titling with your spouse and you buy a new car, you will need to make sure to put your spouse’s name on the title. A great estate plan can be derailed if you don’t do your part to follow it.

L-1 Visa Benefits for Foreign Workers

The L-1 visa is broken down into two subcategories: the L-1A for managers and executives, and the L-1B for employees with specialized knowledge. Each has its own requirements and duration of stay. See the section below comparing the difference between L-1A and L-1B.

When comparing these L-1 visas with many of the other work visa classifications, you will find that, depending on your immigration situation, it has many benefits that the others do not.

Relatively Low Requirements

There are many work visas available to foreign professionals who wish to be employed in the U.S. Many of them have very steep requirements that are difficult to fulfill.

For example, the O-1 visa requires applicants to show their extraordinary ability through international awards or a substantial salary. The TN visa is only available to Canadians and Mexicans. The E-2 visa requires a substantial investment in a U.S. enterprise.

The L-1 visa, however, only requires you to be a manager, executive, or specialized employee in a multinational company in order to be qualified. This opens up the door for many people that are otherwise ineligible for other work visas.

No Job Offer Required

One of the most difficult aspects of acquiring an H-1BJ-1, or TN visa is finding an entity that is willing to sponsor you for the visa. If you are a qualified L-1 applicant, then you are already employed with a U.S. company that will sponsor you.

No Annual Limits

Typically, the L-1 visa is compared to the H-1B on account of their similarities. However, they differ largely here as there is a strict annual cap on how many H-1B petitions are approved. Each year, a small number of petitions are randomly selected from the pool of submitted petitions, making it very difficult to obtain an H-1B if you are subject to this lottery.

On the other hand, there are no limits to how many L-1 visas are approved each year. This means that your petition will not be rejected due to the fact that there are no more available visas.

Period of Stay/ L-1B Visa Duration

For the L-1A visa, holders will be granted an initial three years of stay in the U.S. They can then extend their stay to a maximum of seven years, this surpasses the H-1B’s maximum of six years and the J-1’s maximum of five years.

However, the L-1B visa can only be extended to a maximum of five years, making its period of stay a disadvantage when compared to other work visas.

Educational Requirements

One of the greatest L-1 visa benefits is the fact that you do not need a degree to qualify. This is a large advantage over the H-1B, though there are some other visas that do not necessarily require an education. These include the O-1, E-2, TN, and J-1 visa classifications.

Spouses and Dependents Can Work

If you are in the U.S. on L-1 status, you will be able to bring your spouse and children along with you through the L2 visa and the validity period will be the same as that of the L-1 visa holder. Also, if they qualify for Employment Authorization Documents, they will be able to work in the U.S. as well. This is a great L-1 benefit because it allows your spouse and dependents to make supplementary income to help support the family if necessary. Parents of L1 visa holders are not eligible for the L2 visa, unfortunately.

Check out this guide on the L-2 Visa Process for Dependents. 

Dual Intent

Like several other nonimmigrant visas, the L-1 is considered by the USCIS to be “dual intent”, meaning that L-1 holders are able to pursue lawful permanent resident status during their stay. This is in contrast to work visas such as the J-1 and TN visa classifications through which pursuing a green card would violate your status and possibly incur consequences with the USCIS.

Here’s a recap of what you can apply for as an L visa holder while physically in the U.S.:

It really is a tremendous benefit to be able to apply for permanent residency (while in the U.S. on L1) without facing negative repercussions. Moreover, one advantage over the H-1B is that employers don’t need to prove that the wage meets the prevailing wage of similar domestic workers.

L1 visa benefits 2023

How the L-1 Visa Benefits Employers

Applicants are not the only ones who can take advantage of the L-1 visa benefits. Employers have much to gain from choosing to use this visa over others.

Blanket Petition

The first and perhaps the greatest L-1 benefit that employers can enjoy is the fact that the L-1 has a blanket visa option for companies that have combined U.S. revenue of at least $25 million or have a minimum of 1,000 employees working in the U.S.

An L-1 blanket petition allows employers to file a single petition for multiple employees, meaning that you will not be required to file and pay for a petition for each employee. For large companies that need to get many employees over to the U.S. with short notice, the blanket petition is an invaluable advantage.

New Offices

Another equally important L-1 benefit is the fact that, if a multinational employer does not currently have an office or branch in the U.S., an L-1 holder can be sent in order to establish a new one.

While there are different limitations attached to this process, it is extremely advantageous to be able to establish a new office in the U.S. Employer will be able to send L-1 holders to the new office once it has been established.

Labor Condition Application Requirement

Even though it is not a necessarily arduous or expensive process, obtaining a Labor Condition Application (LCA) for each H-1B or E3 employee can add up in both time and money. Fortunately, the L-1 does not require that you obtain this certification when petitioning for an employee transfer.

Wondering what your L1 status is? Give us a call to schedule a consultation! 

L-1B vs L-1A – Visa Requirements

The L-1A visa is designed for intracompany transferees who work in managerial or executive positions (company outside the U.S.) while the L-1B is for intracompany transferees who work in positions requiring specialized knowledge.

L-1A Visa Requirements

In order to meet the L-1A requirements you must:

L-1B Visa Requirements

In order to qualify for an L-1b classification you must:

Have questions about the L-1B or L-1A visa requirements? Have your case handled by experienced immigration professionals!

What defines specialized knowledge?

“Specialized knowledge either means knowledge you have about the petitioning organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization’s processes and procedures. (See 8 CFR 214.2(l)(1)(ii)(D).)” 

L-1 Visa Restrictions and Disadvantages

Unfortunately, all of these L-1 benefits do not come without some drawbacks. Even though the L-1 can be relatively easy to obtain, those same advantages can be considered disadvantages if you are not already employed.

Must Already Be Employed

While this was counted as an advantage earlier, it could easily be a disadvantage depending on your situation. If you are not currently employed with a multinational company that is large enough to have or plant an office in the U.S., then this could be a very difficult hurdle to surpass. This is especially true since you must work at that company for one full year in the three years that precede your entry into the U.S.

E2 VISA

People describe the E-2 visa as the next best thing to citizenship, since unlimited extensions are possible. A person with an E-2 visa can live in America for the rest of their life.

The holder of an E-2 visa can stay in the United States as long as they run the company listed on their application. Unlike most visas, the E-2 visa has no true expiration date. The holder doesn’t have to keep a home in a foreign country, either.

The first visa lasts for up to five years, but the recipient can ask for extensions over and over again. During first entry into America, the investor is given a period of stay of two years. They can ask for an extension when they need one.

The length of the original visa depends on America’s agreement with the investor’s country of origin. A new company will have a shorter duration for its visas. The government wants to study whether a business is trying to succeed. Some people start fake businesses to buy their way into America. The shorter visa protects the government against such attempts.

The other benefit is that family members are eligible for E-2 visas as well. A spouse and any children considered minors can get one. Only the spouse can ask for a renewal, though. Most states consider someone under the age of 21 as a minor.

An investor can hire co-workers from their country of origin to work in the United States. These employees must meet the same criteria for an E-2 visa.

The E-2 visa is a nonimmigrant visa. It is temporary. For this reason, it’s different from a green card through investment. Green card status is permanent. It also requires an investment of at least $500,000. An E-2 visa has no official requirement.

What’s the Risk in Applying for an E-2 Visa?

The applicant must prove they already have a financial stake in a company. They can’t apply until they’ve already invested money into the company. Should the federal government reject the E-2 visa application, the investor cannot enter the United States. They don’t lose their investment money, but they can’t use it as a reason to live in America.

The political climate is also a potential risk. The United States government generally protects E-2 visas to make sure United States citizens in other countries don’t face similar issues. Still, a change in government leadership could cause ripple effects on E-2 visa acceptance rates.

Legal analysts believe that even under the Trump administration, the E-2 visa is safer than an H-1B or a TN visa. While there is a risk, the E-2 is the safest bet right now.

What Are the Rules for Acquiring an E-2 Visa?

To qualify, the business owner must live in a treaty country. The United States has trade agreements with more than 70 countries. Anyone from these foreign states can buy an ownership stake in an American business. They can either invest in an existing company or start a new one.

The investor must own controlling interest, but they can have partners. 

The federal government does require the person to make a significant investment in the business. While the amount varies, a person can earn an E-2 visa with only $15,000 worth of ownership interest.

Usually, though, it is difficult to get an E-2 visa without an investment of more than $100,000 or $150,000. Visas can be awarded for all kinds of businesses, and each of these businesses could require a different level of investment.

The government considers the investment amount as the capital required for a new business to become operational.

Some companies will require more purchases to become operational than others. Simply owning undeveloped land and business equipment isn’t enough to qualify.

The business must demonstrate operating ability. Also, the applicant should own or lease commercial property where they can operate the business.

The applicant must make all required investments prior to submitting the visa form. Adding funds in a business bank account isn’t enough to prove commitment in the operation of the business.

The foreign investor has only one choice for a job under the E-2 visa. The holder is only eligible to work for the company that sponsors their application.

The most important rule is that the investor must have a hand in running the company. In most cases, the applicant must show that they’ll direct the business. Otherwise, the government will question the need for the person to live in the United States.

What Are the Financing Rules for an E-2 Visa?

An investor doesn’t have to pay for the entire purchase at once. They have the right to finance some of the cost. A consular officer will decide the amount. Generally, financing 25 to 30 percent of the purchase price is OK.

The percentage amount a buyer can finance increases with the cost of the business. Someone buying $1 million worth of a company can finance a larger percentage than someone buying $100,000.

How Old Is the E-2 Visa?

This type of visa is one of the oldest in America. Its roots go all the way back to a treaty signed at the end of the War of 1812. The details have changed over the years, but the premise remains the same.

The American government wants to encourage commerce. One of the best ways to do this is by offering strong incentives to foreign investors. The E-2 visa lets someone come to the United States and run a business.

What Are the Requirements for an E-2 Visa?

The applicant for an E-2 visa must meet the following criteria:

A couple of exceptions are available to applicants. People who can’t afford to buy 50 percent of a company can still apply. They need to invest in a business that their international countrymen own. The 50 percent stake still applies. The government allows others from the applicant’s country to have controlling interest.

The definition of substantial financial stake varies. Most government officials consider the amount in simple terms. The investor must have assets or money at risk in the business. The applicant also needs to prove they’re trying to make a profit.

An E-2 holder also has the right to hire employees from their country. These workers must prove they are executives, supervisors, or have highly specialized skills that make them necessary for the job. Regular skilled and unskilled workers are not eligible. 

An L-1 visa is an option for workers who cannot qualify for an E-2.

What Types of Transactions Qualify as a Significant Investment?

The government expects the applicant to prove their stake is significant. Acceptable transactions are:

Applicants can try to use the following transactions as proof:

Government officials generally reject applications with these forms of proof. The investor isn’t doing enough to show significant risk with such transactions.

What Are the Differences in the E-1, E-2, and E-3 Visas?

The E-1 visa is for residents of countries that have substantial trade with the United States. The amount of trade has to justify employment for a large number of people in the United States. Also, it should represent the majority of trade interests.

The E-2 visa is for investors who buy at least 50 percent ownership of a United States company. 

The E-3 visa is exclusively for Australians. Residents of this country must come to the United States to hold a job in a specialty occupation. To prove qualified, the applicant must hold the equivalent of a bachelor’s degree in the field of the specialty occupation.

P VISA

The P visa is divided into several classifications: P-1, P-2, P-3 and P-4.

A P visa holder may travel in and out of the United States or remain continuously in the country for the allotted time. 

The time it takes for a P visa to be issued is usually significantly quicker.

The holder of this visa can legally work in the US for their sponsor. However, if the individuals wish to change jobs, they need to obtain another visa.

Allows spouses and unmarried children under the age of 21 of the visa holder to accompany them. 

The length of stay in the United States is long. In addition, athletes can be admitted for a period of up to 5 years with an extension of another 5 years.

Did you like your stay in the US? It is possible that you may be able to become a lawful permanent resident. Check our article on how to get a Green Card to assess your chances of becoming a resident. 

Types Of P Visa In The United States

The P visa has several classifications:

P-1A ​​for athletes. The P-1A classification applies to foreign national athletes who wish to travel to the US temporarily to participate in athletic competition.

P-1B for members of an artistic group. Applies to individuals who wish to travel to the US temporarily to perform as part of an established artistic group for a minimum of one year and have been recognized internationally. 

P-2 for artists or members of an artistic group. It applies to individual or group artists or entertainers who will temporarily travel to the US to perform under a reciprocal exchange program.

P-3 for artists or presenters under a cultural program. Applies to performers or artists who wish to temporarily travel to the US to perform, train, or teach as performers or artists under a unique cultural program.

P-4 for dependents. This classification is for the spouses and unmarried children under the age of 21 of P-1, P-2, and P-3 visa holders. P-4 visa holders will not be able to work in the country.

Highly qualified essential support personnel who are part of the success of the P-1, P-2 or P-3 visa holder’s filing (individual or as part of a team) may also qualify for a P visa.

How Is The Type P Visa Applied For?

In order to apply for the P visa, the visa beneficiary must have a US sponsor or employer. That sponsor must file the petition on their behalf with USCIS using Form I-129, Petition for a Nonimmigrant Worker. 

After USCIS approves the Form I-129, the alien will be able to file their P visa application at a US embassy or consulate. 

Are you traveling to the US soon and don’t know the requirements to legally enter the United States? We invite you to read them in our respective blog.

What Are The Requirements Of The Type P Visa?

The P visa requirements are divided among its multiple categories. Here we detail it in depth:

united states p visa for artists

P-1A ​​Visa

The applicant’s purpose is to compete in a specific and temporary sports competition. To do this, the applicant must be an athlete who meets the following criteria:

Is A Professional

If the alien is traveling to the US to be employed as an athlete, they must be from:

A team that belongs to an association of 6 or more professional sports teams and whose total combined revenue exceeds $10 million per year.

Any minor league team that is affiliated with the association.

Will Compete In An Individual Event

The athlete must have a level of performance with international recognition. For it:

You must have a high level of success or achievement in a sport.

They have evidence of their high level of skill and recognition substantially above the usual.

Their achievements are recognized in more than one country.

Be Part Of An Internationally Recognized Team

The athlete belongs to a team that, as a unit, has achieved significant international recognition.

Work As A Coach

The athlete is part of a team or franchise that is located in the US and is a member of a foreign league or association. The league must meet the following requirements:

It consists of 15 or more amateur sports teams.

Must be at the highest level of amateur performance for that sport in a foreign country.

A significant number of league or association players are recruited by a major sports league or minor league affiliate.

Skate On The Ice

Ice skaters can qualify in this category. They can be professional or amateur athletes who will perform individually or as part of a group. 

p visa ice skaters

P-1B Visa

At least 75% of the members of the artistic group must have had a substantial and continuous relationship with the group for at least one year.

The artistic group is internationally recognized and has reached a high level of achievement in the area. Such achievements are evidenced by substantial above-average recognition.

You have a written inquiry from a labor organization.

It has an itinerary with the dates and places of the presentations.

You have a copy of the contract between the petitioner and the beneficiaries or a summary of the terms of said contract.

Evidence that the group has performed continuously for at least one year.

You have a written statement from the petitioner listing all the members of the group and their respective dates on which they were hired.

Evidence that the group is internationally recognized for a substantial and continuous time. 

All this can be verified with 3 evidences of different criteria. Contact our firm for further information.

P-2 Visa

Evidence that a United States labor organization participated in the negotiation or agreed to the reciprocal exchange of the foreign artists and presenters.

Evidence that the foreign and American artist or entertainer were subject to a reciprocal exchange agreement with comparable skills and similar terms and conditions of employment.

Written consultation by an appropriate labor organization.

Copy of the formal reciprocal exchange agreement between the sponsoring US organization and the organization in the foreign country that will receive the US artists or entertainers.

Statement from the sponsoring organization describing the reciprocal exchange of American artists or entertainers and how it relates to the petition for the classification being sought.

If the events or performances are held in different locations, for the P-2 visa, an itinerary must also be submitted.

P-3 Visa

To be eligible for this classification, the P-3 visa applicant must perform, coach, teach, or represent an ethnic, theatrical, cultural, musical, or artistic performance or event that may be unique or traditional. In addition, the applicant must provide:

Documents that demonstrate the functions or presentations of the event.

Written consultation of the appropriate labor organization.

Copy of any contract between the petitioner and the beneficiary or a summary of the terms established in an oral agreement.

Explanation about the activities, copy of the itinerary, validity dates, events and termination of events.

Affidavits, expert letters or testimonials certifying the authenticity of the applicant’s or group’s skills to present, train or teach traditional and/or unique arts. 

What Documents Must I Submit To Apply For The P Visa?

The documents to submit for this visa vary depending on your classification. Such documents are:

Employers Or Sponsors

Inquire in writing about the appropriate labor organization. Such inquiry must describe the work or services to be performed in the US and your qualifications for such employment. 

If there is no labor organization, this requirement is waived.

Copy of the written contract or verbal summary of the terms of employment.

Explanation of the events or activities, start dates, end dates of events or activities and a copy of the itinerary for such activities.

Any additional documents that are required for the P-1A category.

Internationally Recognized Individuals Or Teams

They must submit a copy of a contract provided by a major sports league or team in the US or in an individual sport with international recognition in the sport. 

In addition, at least two pieces of evidence based on specific criteria must be included. Contact our firm for more information in this regard.

Professional Athletes

Evidence establishing that the athlete will work for a team in the US that is a member of an association of 6 or more professional sports teams. 

Evidence that the total combined revenue of the association’s teams exceeds $10 million per year.

Evidence that the association governs the conduct of its members and regulates its contests and exhibitions. 

For Minor League

If working for a minor league team affiliated with the association in good standing, the applicant must include:

Contracts or agreements.

Marketing and promotional material from the league or association identifying the affiliation of the minor league team.

Statements from association or league officials detailing and confirming team affiliation.

Articles or reviews by sports media outlets showing that the team is affiliated with a qualifying league or association.

Amateur Athletes Or Coaches

The employer or sponsor must submit evidence that the alien wishes to travel to the US to perform as an athlete or coach as part of a US team or franchise. The following evidence is required:

Established sports media articles and reports demonstrating the level of performance of the league or association.

Contracts, bylaws, copies of rules and any other documents from the league office that demonstrate the level of performance of the teams.

p visa for athletes

Theatrical Ice Skaters

Ice skaters must submit evidence that they will perform individually or as part of a group in a theatrical ice skating production. This includes:

Reviews, magazines, descriptions, newspapers, and other established sports or entertainment media.

Evidence of previous achievements and awards.

Itinerary or schedule of the performances.

How Long Can I Stay With The P Visa In The United States?

Individual athletes with a P-1A visa may remain in the United States for as long as necessary to complete their event or competition. However, it should not exceed 5 years. Athletic groups with a P-1A visa cannot exceed one year.

Members of entertainment groups on P-1B visas, artists or members of an artistic group on P-2 visas, and P-3 visa holders have an initial period in the US of up to one year.

how long can we stay in usa with tourist visa

Staying in the United States longer than is permitted can lead to serious immigration consequences. Such consequences are deepened in our article on “How long can we stay in the US on a tourist visa“. 

Can I Extend The P Visa?

P-1, P-2, and P-3 visa holders can extend their time in the United States. This extension is as follows:

P-1A ​​holders: Individual athletes can extend their stay up to 5 years with a maximum of 10 years in total. Support staff for P-1A holders can also extend their stay for this same time.

Athletic groups and their support staff are only limited to increments of up to one year.

P-1B, P-2 and P-3 holders: Only limited to increments of up to one year to continue the event or activity.

To extend the stay, a Form I-539 , Application to Extend or Change Nonimmigrant Status, must be filed with USCIS.

Can You Change Employers With A P Visa?

Applicants may change employers. However, they will only be able to do so after the new employer has filed a new Form I-129 with USCIS. They will not be able to start their new employment with the new employer without the I-129 being approved.

How Much Does It Cost To Apply For The P Visa?

The cost of filing Form I-129 with USCIS is $460 for each petition. Additionally, the P visa application fee is $190. Other additional charges may apply depending on the relationship of the national foreigner’s country of origin and the US.

How Long Does It Take To Process The P Visa?

After submitting the P visa application, the waiting time can take between 3 to 6 months. However, it is possible to file Form I-907, an application for premium processing to reduce the time of delivery of the visa. This form has a cost of $2,500.

Talk With An Experienced Immigration Attorney For Your P Visa Application

If you wish to travel to the US on a P visa (regardless of your classification), or if your organization needs to bring national foreign artists or athletes to the US, our firm will be able to help you.

Curbelo Law’s team of professionals has helped hundreds of national foreigners obtain this visa. Our attorney Carolina T. Curbelo has more than 10 years of experience in all types of immigration cases.

Call us today to let us know about your case so we can start examining your chances of entering the US legally.

Custos has used our experience in contract negotiation and business transactions to represent professional athletes and entertainers. A professional athlete typically needs some or all of the following:

Mentoring and motivation

Whether you are an experienced athlete or a rookie feel free to contact us to see if we are the right fit for you.

Assisting with immigration for foreign athletes.

A contract sets forth obligations between parties that are enforceable by law. A lawyer for contracts will help you ensure that any contracts you enter into are executed properly so your interests are protected and the purpose of the contract is achieved. A contract lawyer is generally a professional who specializes in this type of work. They have extensive expertise in contractual issues and the state laws applicable to these projects.

Contract attorneys may specialize in a particular area , such as:

You can hire a contract lawyer for a variety of tasks related to business contracts. This type of attorney may help with:

What Does a Contract Lawyer Look At?

ContractsCounsel Lawyer For Contracts

A contract lawyer will carefully evaluate all aspects of your contractual agreement. Whether you’re drafting a new agreement and getting a consultation prior to signing, or you’re evaluating an older agreement, there are several key points that a lawyer for contracts will look at, including:

Reasons To Hire a Contract Lawyer

There are many compelling reasons for a client to seek a contract lawyer. This type of professional provides a wealth of benefits in any situation where contractual documents are needed. When you have a good contract lawyer, they will have the ability to do the following.

Smooth Contractual Relationships

While the use of a contract for a formal agreement is fairly routine, it’s still important to ensure that none of the involved parties take offense to the terms. A contract lawyer can take over much of the responsibility of drafting and executing the contract, separating the involved parties from the document itself. The lawyer offers a level of impartiality that the other parties may not be able to provide on their own.

Incorporate the Latest Legislation

State laws and industry regulations are continually changing. It’s difficult to keep up with the latest developments if you don’t make a full-time job of following these trends. This level of expertise is part of what a contract lawyer offers.

Provide an In-Depth Understanding

Legal jargon is often confusing. Contract lawyers go through a great deal of schooling to better understand the terms of these documents. If you’re managing contracts without the help of an attorney, you may find that important conditions are left out or critical terms are misunderstood. Inaccurate assumptions about a contract can lead to costly legal disputes later. Working with a knowledgeable lawyer can help minimize this risk.

Close Potential Loopholes

Whether intentional or accidental, loopholes in a contract can leave one party open to liabilities. The purpose of a contract is to protect yourself or your business. An experienced lawyer for contracts will make sure this document is executed properly.

Ensure the Best Terms

Any contract lawyer who is working on your behalf will seek the best possible terms for you as their client. Knowing the customary terms for a particular industry is essential, as this information can save you thousands of dollars in the final terms of your agreement.

File the Correct Contracts

There are many different contracts that you may need to draft for your business, such as an employment agreement, nondisclosure agreement, or terms and conditions. A good contract lawyer won’t simply address the contract at hand. They’ll also advise you on other documents that will provide added protection for your business.

Protect You in a Breach of Contract

If you find yourself dealing with a breach of contract later, you can turn to your contract lawyer for assistance. The same professional who helped you draw up the contract is an ideal resource when you’re enforcing it. If you drafted your contract without a lawyer, you might still choose to consult with one to assist with later disputes.

Tips for Working With a Contract Lawyer

When you’re entering into a working relationship with a contract lawyer, it’s important to ask the right questions. This will help ensure that you both have the same expectations and that you’re capable of fully meeting them. Before you commit to working with a particular lawyer, you should determine:

A contract lawyer is a valuable resource for any project that includes a contract. There’s a growing need for contract lawyers as more businesses see the value in protecting themselves with legal documentation that specifies the role of both the company and its clients or employees.Whether you need help understanding what contracts you need to start a business or you’re seeking assistance with a breach of contract case, finding the right lawyer for the job will ease your task and help ensure success in your business endeavors.