MFEA | Advocating for the Carnivals Are Real Entertainment

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Advocating for the Carnivals Are Real Entertainment (CARE) Act of 2023

Co-Sponsor the Carnivals Are Real Entertainment Act (H.R. 1787)

A Practical Solution for Guest Workers in the Mobile Entertainment Industry

Summary of the CARE Act

The Carnivals are Real Entertainment Act – or the CARE Act – helps this unique and threatened industry address the labor shortage issue by correcting and clarifying existing laws that currently exclude mobile entertainment employers from utilizing the P nonimmigrant visa classification to secure the temporary seasonal staff they need to survive.

While the P1 visa classification is available for foreign national entertainers coming to the U.S. temporarily, it historically has also been available to essential support personnel who are an integral part of the performance of a P1 entertainment. The P-visa structure, intent and practical application conforms well with the outdoor mobile entertainment industry well and the CARE Act makes a simply adjust to clarify that the of performing functions that are integral and essential to the operation of a mobile entertainment provider.

The CARE Act clarifies that mobile entertainment employees are indeed essential support personnel who are an integral part of the performance of a P1 entertainment.

This new category is extremely restrictive and limited to carnivals or circuses that travel around the United States on a temporary or seasonal basis;

P-4 applies to providers of services normally affiliated with carnivals or circuses that travel around the United States on a seasonal or temporary basis to provide services to State, county, and local fairs and festivals, or support events sponsored by not-for-profit organizations for fundraising.

Why the CARE Act Makes Sense

The existing framework and intention of the P-Visa Category fits the outdoor mobile entertainment industry perfectly and does not require the creation of a new visa program;

Adding a P-4 category that includes the mobile entertainment industry removes approximately 10,000 traditional H-2B visas allowing them to be utilized by others who require H-2B employees;

The annual need for H-2B visas – as reported by the Department of Labor’s certified need – is grossly unmet despite limited cap relief provided by Congress; The Carnivals Are Real Entertainment Act 2

Without a reliable and legal workforce, carnivals and those industries they support will not be able to operate. For instance, Fairs all across America rely upon the mobile entertainment industry to generate revenues that sustain agriculture programs all across the country; and

The CARE Act incorporates restrictive language that Congress has enacted in the H-2B program every year since FY17 – requiring certification that sufficient U.S. workers are not available AND the employment of such individuals will not adversely affect the wages and working conditions of workers in the United States similarly employed.

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Background on the P-Visa and the CARE Act

The P nonimmigrant visa (NIV) classification was created by the Immigration Act of 1990, Public Law 101-649 of November 29, 1990, specifically to provide for certain athletes, entertainers, and artists who are coming to perform in the United States. To work for a P-1, P-2, or P-3 visa recipient in the U.S., an applicant must be coming to the United States to perform essential support services that cannot be readily performed by a US worker and is an indispensable part of the performance of services to be performed. Historically, P-1 thru P-3 visa applicants came to the U.S. for a temporary purpose such as a festival or to tour and so forth.

The “P” visa currently covers foreign nationals who are entertainers and artists coming to the U.S. to participate in a culturally unique program and many circus performers come to the U.S. under the P-1 visa. While the P1 visa classification is available for foreign national entertainers coming to the U.S.

temporarily, it historically has also been available to essential support personnel who are an integral part of the performance of a P1 entertainment. As such, the P-visa structure, intent and practical application conforms well with the outdoor mobile entertainment industry well.

To Co-Sponsor

To add your name as a cosponsor, please contact one of the following offices