P Visa
Under the current US immigration laws, the non-immigrant P-Visa category is reserved for those temporary visitors who wish to come to the United States as internationally recognized athletes, entertainers/ performers to perform in the US. There are several different categories of P-visas as listed below:
P-1A– Internationally Recognized Athlete
P-1B– Member of an Internationally Recognized Entertainment Group
P-2–Individual Performer or Part of a Group Entering to Perform Under a Reciprocal Exchange Program
P-3– Artist or Entertainer Coming to Be Part of a Culturally Unique Program
P-1A: Individual Athletes Eligibility Criteria
You must be coming to the United States to participate in individual event, competition or performance in which you are internationally recognized with a high level of achievement; evidenced by a degree of skill and recognition substantially above that ordinarily encountered so that the achievement is renowned, leading or well known in more than one country.
Athletic Teams Eligibility Criteria
You must be coming to the United States to participate in team events and must have achieved significant international recognition in the sport. The event in which your team is participating must be distinguished and require the participation of athletic teams of international recognition.
Application Process
To come to the United States your U.S. employer must file a Form I-129, Petition for Non-Immigrant Worker, accompanied by the appropriate fee and supporting documentation.
Please note a petitioner who will be filing as an agent for multiple employers must establish that it is duly authorized to act as an agent. The U.S. employer must submit a consultation from an appropriate labor organization. The consultation must describe the work or services to be performed in the United States and your qualifications for such work. If no appropriate labor organization exists, this requirement is excused.
Supporting Documents
The Form I-129 must include the following documents:
- A written consultation from an appropriate labor organization
- A copy of the contract with a major U.S. sports league or team or a contract in an individual sport commensurate with international recognition in the sport, if such contracts are normally utilized in the sport
- An explanation of the event and itinerary
- Documentation of at least two of the following:
- Evidence of having participated to a significant extent in a prior season with a major United States sports league
- Evidence of having participated to a significant extent in international competition with a national team
- Evidence of having participated to a significant extent in a prior season for a U.S. college or university in intercollegiate competition
- A written statement from an official of a major U.S. sports league or an official of the governing body of the sport which details how you or your team is internationally recognized
- A written statement from a member of the sports media or a recognized expert in the sport which details how you or your team is internationally recognized
- Evidence that you or your team is ranked, if the sport has international rankings
- Evidence that you or your team has received a significant honor or award in the sport
P-1B: A Member of an Internationally Recognized Entertainment Group
The P-1B classification applies to you if you are coming to the United States temporarily to perform as a member of an entertainment group that has been recognized internationally as outstanding in the discipline for a sustained and substantial period of time.
Eligibility Criteria
At least 75 percent of the members of your group must have had a substantial and sustained relationship with the group for at least one year.
Your entertainment group must be internationally recognized, having a high level of achievement in a field evidenced by a degree of skill and recognition substantially above that ordinarily encountered. The reputation of the group, not the individual achievements of its members or the acclaim of a particular production, is essential.
Note: Individual entertainers not performing as part of a group are not eligible for this visa classification.
Special Provisions for Certain Entertainment Groups
Alien circus performers and essential circus personnel are exempt the one-year requirement and the internationally recognized requirement. The alien or aliens must be coming to join a nationally recognized circus.
Certain nationally known entertainment groups may have the internationally recognized requirement waived if they can establish they have been recognized nationally as outstanding in its discipline for a sustained amount of time in consideration of special circumstances.
Supporting Documents
Form I-129 must include the following documents:
- Written consultation from an appropriate labor organization
- Itinerary with the dates and locations of the performances
- A copy of the contract between the petitioner and the beneficiary or summary of terms of the oral agreement under which the beneficiary will be employed
- Evidence that your group has been established and performing regularly for at least one year
- Statement from the petitioner listing each member of the group and the exact dates for which each member has been employed on a regular basis by the group
- Evidence that your group is internationally recognized as outstanding in the discipline for a sustained and substantial period of time as demonstrated by evidence of your group’s receipt of, or nomination for, significant international awards or prizes for outstanding achievement in the field, or evidence of at least three of the following:
- Your group has performed and will perform as a starring or leading entertainment group in production or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications, contracts, or endorsements
- Your group has achieved international recognition and acclaim for outstanding achievement in its field as evidenced by reviews in major newspapers, trade journals, magazines or other published material
- Your group has performed and will perform services as a leading or starring group for organizations and establishments that have a distinguished reputation as evidenced by articles in newspapers, trade journals, publications, or testimonials
- Your group has a record of major commercial or critically acclaimed successes, as evidenced by indicators such as ratings, box office receipts, record, cassette or video sales, and other achievements as reported in trade journals, major newspapers or other publications
- Your group has received significant recognition for achievements from critics, organizations, government agencies or other recognized experts in the field
- Your group has commanded and will command a high salary or other substantial remuneration for services comparable to others similarly situated in the field, as evidenced by contracts or other reliable evidence
P-2 Individual Performer or Part of a Group Entering to Perform Under a Reciprocal Exchange Program
artist or entertainer, individually or as part of a group, who will perform under a reciprocal exchange program between an organization in the United States and an organization in another country.
Eligibility Criteria
You must be an artist entering the United States through a government recognized reciprocal exchange program. In addition, you must possess skills comparable to those of the United States artists and entertainers taking part in the program outside the United States.
Supporting Documents
The Form I-129 must include the following documents:
- Written consultation by an appropriate labor organization
- Copy of the formal reciprocal exchange agreement between the sponsoring U.S. organization(s) and the organization(s) in a foreign country which will receive the United States artist or entertainer
- Statement from the sponsoring organization describing the reciprocal exchange of United States artists or entertainers as it relates to the specific petition for which classification is sought
- Evidence that you and the U.S. artist or entertainer subject to the reciprocal exchange agreement are artists with comparable skills and that the terms and conditions of employment are similar
- Evidence that an appropriate labor organization in the United States was involved in negotiating, or has concurred with, the reciprocal exchange of U.S. and foreign artists or entertainers.
Note: If the events or performances will take place in multiple areas, an itinerary must be submitted. The itinerary must list the dates and locations of the events.
Family of P-2 Visa Holders
Your spouse and unmarried children under the age of 21 may obtain P-4 status. Your dependents may not engage in employment but may attend school or college.
Essential Support Personnel
Essential support personnel who are an integral part of the performance of a P- 2 artist or entertainer and who perform support services that cannot be readily performed by a U.S. worker, are eligible for P-2 classification. Support personnel may include stagehands, trainers, or those persons having critical knowledge of the specific services to be performed.
The U.S. employer must file a separate Form I-129 for support personnel. The petition must include the following documents:
- Consultation from an appropriate labor organization
- Statement describing the support person’s prior and current essentially, critical skills and experience with the P-2 artist or entertainer
- Copy of a written contract between the employer and the support person or a summary of the terms of the oral agreement under which the support person will be employed.
P-3 Artist or Entertainer Coming to Be Part of a Culturally Unique Program
The P-3 classification applies to you if you are coming temporarily to perform, teach or coach as artists or entertainers, individually or as part of a group, under a program that is culturally unique.
Eligibility Criteria
For a P-3 visa, you must be coming to the United States either individually or as a group for the purpose of developing, interpreting, representing, coaching, or teaching a unique or traditional ethnic, folk, cultural, musical, theatrical, or artistic performance or presentation. In addition, you must be coming to the United States to participate in a cultural event or events which will further the understanding or development of your art form. The program may be of a commercial or noncommercial nature.
Supporting Documents
Your Form I-129 must include the following documents:
- Written consultation from an appropriate labor organization
- A copy of the contract between the petitioner and the beneficiary or the summary of the terms of an oral agreement between the petitioner and the beneficiary
- An explanation of the event and itinerary
- Affidavits, testimonials or letters from recognized experts attesting to the authenticity of your or your group’s skills in performing, presenting, coaching or teaching the unique and traditional art forms and giving the credentials of the expert including the basis of his or her knowledge of your or your group’s skills; ORdocumentation that your or your group’s performance is culturally unique as evidenced by reviews in newspapers, journals or other published materials.
- Documentation that all of the performances or presentations will be culturally unique events
Note: If the events or performances will take place in multiple areas, an itinerary must be submitted. The itinerary must list the dates and locations of the events.
Family of P-3 Visa Holders
Your spouse and unmarried children under the age of 21 may obtain P-4 status. Your dependents may not engage in employment, but may attend school or college.
Essential Support Personnel
Essential support personnel who are an integral part of the performance of a P- 3 artist or entertainer and who perform support services that cannot be readily performed by a U.S. worker, are eligible for P-3 classification. Support personnel may include coaches, scouts, trainers and other team officials and referees.
The U.S. employer must file a separate Form I-129 for support personnel. The petition must include the following documents:
- A consultation from an appropriate labor organization
- A statement describing the support person’s prior and current essentially, critical skills and experience with the P-3 artist or entertainer
- A copy of a written contract between the employer and the support person or a summary of the terms of the oral agreement under which the support person will be employed