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The P visa category covers athletes, entertainers and cultural performers.
There are three different visa classifications within this category. P-1 visas are for athletes and group
entertainers that have been internationally recognized as outstanding for a
long and continuous period of time. P-2 visas
are for entertainers that are a part of reciprocal international exchanges. P-3 visas are for persons coming to teach or
coach as artists or entertainers, individually or as part of a group, under a
program that is culturally unique. P visas are also available to essential support personnel. P-4 visas are available to the spouses and children of P-1, P-2 and P-3 visa holders.
P-1 Athletes and
Entertainment Groups
P-1A Athletes
The P-1A classification applies to an alien
coming to the U.S. temporarily to perform at a specific athletic competition as
an athlete, individually or as part of a group or team, at an internationally
recognized level of performance.
Document Requirements:
A U.S. employer should file the I-129 petition
with:
- Written advisory opinion from the appropriate labor
organization which evaluates the person’s or group’s ability, comment on their
international recognition and state whether services being performed are
appropriate for an internationally recognized athlete;
- Tendered contract with a major U.S. sports league or
team or one commensurate with international recognition in the sport; and
- Copies of evidence of at least two of the following:
- Significant participation in
a prior season with a major U.S. sports league;
- Participation in
international competition with a national team;
- Significant participation in
a prior season for a U.S. college or university in intercollegiate competition;
- A written statement from a
U.S. official in the sport detailing how the individual or team is
internationally recognized;
- A written statement from an
expert or sports media detailing how the individual or team is internationally
recognized;
- Evidence as to the individual’s
or team’s ranking; or
- Evidence of a significant
honor or award in the sport.
- NOTE: If the events will
take place in multiple areas, an itinerary or schedule must be submitted with
the P visa petition. The itinerary must set forth the dates and locations of
the events.
P-1B
Entertainment Group
The P-1B classification applies to an alien
coming temporarily to perform as a member of a foreign-based entertainment
group that has been recognized internationally as outstanding in the discipline
for a sustained and substantial period of time. This person also must have had
a sustained and substantial relationship with the group (ordinarily for at
least one year) and/or provide functions integral to the group's performance.
Document Requirements:
A U.S. employer should file the I-129 petition
with:
- Written advisory opinion from the appropriate labor
organization which evaluates the person’s or group’s ability, comment on their
international recognition and state whether services being performed are
appropriate for an internationally recognized entertainment group;
- A statement that the group has been established and
performing regularly for at least one year; and
- Evidence the group is internationally recognized as
outstanding in the discipline for a sustained and substantial period of time as
demonstrated by evidence of the 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:
- The 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;
- The 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;
- The 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;
- The 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;
- The alien has received significant recognition for achievements from
critics, organizations, government agencies or other recognized experts in the
field in which the alien is engaged, with the testimonials clearly indicating
the author's authority, expertise and knowledge of the alien's achievements; or
- The 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.
- NOTE: If the events or
performances will take place in multiple areas, an itinerary must be submitted
with the P visa petition. The itinerary must set forth the dates and locations
of the events.
When to file:
Petitions should be filed as soon as possible,
but no more than 6 months before the proposed employment will begin or the
extension of stay is required. If the petition is not submitted at least 45
days before the employment will begin, petition processing and subsequent visa
issuance may not be completed before the person's services are required or
previous employment authorization ends.
Validity of a P-1 Visa:
The validity of the P-1 visa varies, as visa holders are
admitted for the time necessary to complete their event, competition, or
performance.
However, P-1A (athletes) may be admitted for a period of up
to 5 years with one extension up to 5 years and P-1B (entertainment group) may
not exceed 1 year.
P-2 Reciprocal
Exchange
The P-2 classification applies to a person coming
temporarily to perform as an artist or entertainer individually or as part of a
group, who will perform under a reciprocal exchange program between an
organization in the U.S. and an organization in another country.
Document Requirements
The sponsoring organization, an employer in the
U.S., or the U.S. labor organization that negotiated the agreement should file
the I-129 petition with:
- Written advisory opinion from the appropriate labor
organization which comments on the bona fides of the reciprocal program and
whether it meets appropriate regulatory standard;
- Formal reciprocal exchange agreement between the U.S.
organization(s) sponsoring the alien and the organization(s) in a foreign
country which will receive the U.S. artist or entertainer;
- A statement from the sponsoring organization describing
the reciprocal exchange;
- Evidence that an appropriate labor organization in the
U.S. was involved in negotiating or concurs with the reciprocal exchange
program; and
- Evidence that all exchange artists or entertainers are
artists with comparable skills and that the terms and conditions of employment
are similar.
NOTE: If the
events or performances will take place in multiple areas, an itinerary must be
submitted with the P visa petition. The itinerary must set forth the dates and
locations of the events.
When to file:
Petitions should be filed as soon as possible,
but no more than 6 months before the proposed employment will begin or the
extension of stay is required. If the petition is not submitted at least 45
days before the employment will begin, petition processing and subsequent visa
issuance may not be completed before the person's services are required or
previous employment authorization ends.
Validity of a P-2 Visa:
P-2 visas are granted for the time necessary to complete the
event up to one year and extensions for a similar period.
P-3 Culturally
Unique Performers
The P-3 classification is for artists or
entertainers, individually or as a group, coming to the U.S. for the purpose of
developing, interpreting, representing, coaching, or teaching a unique or
traditional ethnic, folk, cultural, musical, theatrical or artistic performance
or presentation. The P-3 visa holder must be coming to the U.S. to participate
in a commercial or noncommercial cultural event which will further
understanding or development of his or her art form.
Petition Document Requirements
The sponsoring organization or U.S. Employer should
file the I-129 petition with:
- A written consultation from an appropriate labor organization
which evaluates the cultural uniqueness of the person’s skills, states whether
the events are mostly cultural in nature, and states whether the event or
activity is appropriate for P-3 classification;
- Affidavits, testimonials or letters from recognized
experts with the basis of their knowledge attesting to the person’s skills in
performing, presenting, coaching or teaching the unique and traditional art form;
- Documentation that the performance is culturally
unique, as evidenced by published materials; and
- Evidence that all performances will be culturally
unique events.
NOTE: If the
events or performances will take place in multiple areas, an itinerary must be
submitted with the P visa petition. The itinerary must set forth the dates and
locations of the events.
When to file:
Petitions should be filed as soon as possible,
but no more than 6 months before the proposed employment will begin or the
extension of stay is required. If the petition is not submitted at least 45
days before the employment will begin, petition processing and subsequent visa
issuance may not be completed before the person's services are required or
previous employment authorization ends.
Validity of a P-3 Visa:
P-3 visas are granted for the time necessary to complete the
event up to one year and extensions for a similar period.
Essential
Support Personnel
This category applies to persons who are an
integral part of the performance of a P-1, P-2, or P-3 “because he or she
performs support services which cannot be readily performed by a U.S. worker
and which are essential to the successful performance.” The person must have
the appropriate qualifications to perform the services, critical knowledge of
the specific services and experience in providing such support.
Document Requirements:
The petition must be filed in conjunction with
the petition for a P-1, P-2 or P-3 alien by a U.S. employer and must be filed
with:
- A written consultation from an appropriate labor
organization which evaluates the person’s essentiality to and working
relationship with the artist or entertainer and states whether U.S. workers are
available;
- A statement regarding the person’s prior essentiality,
critical skills and experience with the principal beneficiary of the underlying
P-1, P-2 or P-3;
- A copy of any written contract or summary of the terms
of the oral agreement under which the person will be employed.
NOTE: If the
events or performances will take place in multiple areas, an itinerary must be
submitted with the P visa petition. The itinerary must set forth the dates and
locations of the events.
When to file:
Petitions should be filed as soon as possible,
but no more than 6 months before the proposed employment will begin or the
extension of stay is required. If the petition is not submitted at least 45
days before the employment will begin, petition processing and subsequent visa
issuance may not be completed before the person's services are required or
previous employment authorization ends.
Validity of visa for essential support personnel:
Visas for essential support personnel are granted for the
time necessary to complete the event up to one year and extensions for a
similar period.
P-4 Spouses and Dependents
A spouse and children may be granted P-4 visas to accompany
a P-1, P-2 or P-3 visa holder. P-4 visas holders may only be admitted for the
same period of time as the principal beneficiary.
What happens after a P-1,
P-2, or P-3 visa petition is approved?
Applying for the Visa:
If the beneficiary of the P visa petition is
outside of the country when the petition is approved, he/she must apply for a
visa at a U.S. Consulate.
Some beneficiaries may be visa exempt. In those
cases, the I-129 approval notice is sent to the port of entry (POE) where the
beneficiary intends to apply for admission. For specific procedures on Visa
Application Procedures, Required Documentation and Visa Ineligibility Waiver,
please visit Visa Services at the Department of State.
If the beneficiary is already in the U.S. and is
changing from one nonimmigrant status to another, a visa is not required.
However, a visa may be required if the beneficiary subsequently leaves the U.S.
and wishes to re-enter.
Entry into the U.S.
Please be aware that a visa does not guarantee
entry into the United States. The U.S. Customs and Border Protection (CBP) has
authority to deny admission at the port of entry to any applicant who is
inadmissible under INA, even if the applicant has a visa. Also, the CBP, not the consular officer,
determines the period for which the bearer of a temporary work visa is
authorized to remain in the United States. At the port of entry, CBP officials
issue Form I-94, Record of Arrival-Departure, which notes the length of stay
permitted. The decision to grant or deny a request for extension of stay, however,
is made solely by the USCIS.

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