P-Visa
P-Visa category is reserved for aliens who wish to come to the United States to perform services as an internationally recognized athlete, entertainer, and/or performer.
The P visa classification is divided into sub-categories:
- 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 Internationally Recognized Athlete:
The P-1A visa applies to those foreign nationals who are coming to the United States temporarily to perform individually or as part of a group/team in an athletic competition that is internationally recognized.
Requirements:
- 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.
- An explanation of the event and itinerary.
- Significant participation in a prior season in major U.S. sports league
- International participation with national team.
- Significant participation in a prior season for a U.S. college/university or intercollegiate competition.
- Written statement from a U.S. sport official about the athlete or team’s international recognition.
Duration:
For Individual athlete - up to time needed to complete the event, but not to exceed 5 years and increments up to 5 years in order to complete the event. The maximum time is limited to 10 years.
For Athletic group - up to time needed to complete the event, but not to exceed 1 year and increments up to 1 year in order to complete the event.
Dependents:
Family of P-1A visa holders may obtain P-4 status in the United States. They are not legally permitted to work, but may attend school or college.
P-1B: Member of an Internationally Recognized Entertainment Group:
The P-1B visa applies to those foreign nationals who 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.
Requirements:
- Written consultation from an appropriate labor organization regarding the nature of the work to be done.
- 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 the group has been established and performing regularly for at least one year.
- 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 materials.
Duration:
The P1-B is initially approved up to time needed to complete the event, but not to exceed 1 and Increments of up to 1 year in order to continue or complete the event.
Dependents:
Family of P-1B visa holders may obtain P-4 status in the United States. They are not legally permitted to work, but may attend school or college.
P-2: Individual Performer or Part of a Group Entering to Perform Under a Reciprocal Exchange Program:
The P-2 visa applies to those foreign nationals who are coming to the United States 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 United States and an organization in another country.
Requirements:
- Must be an artist entering the United States through a government recognized reciprocal exchange program.
- A copy of the formal reciprocal exchange agreement between the U.S. organization which is sponsoring the aliens and an organization in a foreign country which will receive the U.S. artists or entertainers.
- A statement from the U.S. sponsoring organization describing the reciprocal exchange of U.S. artists or entertainers.
- Evidence that an appropriate labor organization in the U.S. was involved in negotiating or has concurred with the reciprocal exchange of U.S. and foreign artists.
- Evidence that the aliens for whom P-2 classification is being sought and the U.S. artists and entertainers subject to the reciprocal exchange agreement are artists or entertainers with comparable skills, and that the terms and conditions of employment are similar.
Duration:
The P2 is initially approved up to the time needed to complete the event, but not to exceed 1 and Increments of up to 1 year in order to continue or complete the event.
Dependents:
Family of P-2 visa holders may obtain P-4 status in the United States. They are not legally permitted to work, but may attend school or college.
P-3 Artist or Entertainer Coming to Be Part of a Culturally Unique Program:
The P-3 visa applies to those foreign nationals who are coming to the United States temporarily to perform, teach or coach as artists or entertainers, individually or as part of a group, under a program that is culturally unique.
Requirements:
- 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.
- Additional documentation to show that the performance or presentation is culturally unique.
- Affidavits, testimonials, or letters from recognized experts attesting to the authenticity of the alien’s or the group’s skills in performing, presenting, coaching or teaching the unique or traditional art form.
Duration:
The P3 is initially approved up to the time needed to complete the event, but not to exceed 1 and Increments of up to 1 year in order to continue or complete the event.
Dependents:
Family of P3 visa holders may obtain P-4 status in the United States. They are not legally permitted to work, but may attend school or college.
NOTE: Also keep the following in mind
- P-classifications may only be permitted to perform services in “specific identified” events, performances, competitions, or engagements.
- P-status may not be granted to an alien to enter the U.S. to freelance in the open market.