The P Visa non-immigrant visa provides non-immigrant workers the opportunity to work or perform temporarily in the U.S. as an artist, athlete, or entertainer.
Additionally, the P Visa classification provides non-immigrant workers the opportunity to work temporarily in the U.S. as personnel in support of an artist, athlete, or entertainer.
Advantages of P Visa Classification.
The standards of eligibility for P Visa classification are lower than those required for the alternative O-Visa classification.
A non-immigrant worker may come to the U.S. for a temporary period under the P-Visa classification, intending to depart voluntarily at the end of the authorized stay, and at the same time, may lawfully seek to become a permanent resident of the U.S.
The P-Visa classification is limited to certain artists, entertainers and athletes, whereas under the O Visa classification workers may engage in the fields of science, education, business, athletics, arts, or in motion picture and television productions.
Generally, most P Visa petitions require a written advisory opinion describing the P-Visa worker’s abilities.
All P-Visa workers must seek to enter the U.S. temporarily and are required to have a residence abroad that they do not intend to abandon. An O-1 Visa Worker does not have to maintain a residence abroad.
The spouse and unmarried minor children of a P-Visa Worker are entitled to P-4 nonimmigrant classification, subject to the same period of admission and limitations as the P-Visa Worker, if they are accompanying or following to join the P-Visa Worker in the United States.
Neither the spouse nor the minor children may accept employment unless granted employment authorization.
If a P Visa Worker is terminated, the U.S. employer and / or the U.S. agent can be liable for the costs of the P Visa Worker’s transportation home.
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The Immigration and Nationality Act (INA) and immigration regulations provide five categories of P Visas. A non-immigrant worker may apply for a P Visa to perform services for an employer or sponsor in Athletics, the Arts, or Entertainment industries. The five categories of P Visas are as follows:
- Non-Immigrant athlete;
- The athlete has a foreign residence that he or she has no intention of abandoning;
- The athlete performs at an internationally recognized level;
- The athlete seeks to enter the U.S. temporarily;
- Solely for the purpose of performing in a specific athletic competition.
- Non-Immigrant member of entertainment group;
- The member has a foreign residence that he or she has no intention of abandoning;
- The member performs with, or is an integral and essential part of, the performance of an entertainment group;
- The entertainment group is recognized internationally as being outstanding in the discipline for a sustained and substantial period of time;
- The member has had a sustained and substantial relationship with the group (ordinarily for at least one year);
- The member provides functions integral to the performance of the group;
The member seeks to enter the U.S. temporarily;
- Solely for the purpose of performing as a member of the entertainment group.
- Non-Immigrant artist or entertainer;
- With a foreign residence that he or she has no intention of abandoning;
- Performs as an individual, or as part of a group, or as an integral part of a group;
- Seeks to enter the U.S. temporarily;
- Solely for the purpose of performing under an artists and entertainers exchange program.
- Non-Immigrant artist or entertainer;
- With a foreign residence that he or she has no intention of abandoning;
- Performs as an individual, or as part of a group, or as an integral part of a group;
- Seeks to enter the U.S. temporarily;Solely to perform, teach, or coach in a culturally unique program.
- Non-Immigrant worker;
- With a foreign residence that he or she has no intention of abandoning;
- Plays an integral part in the performance of a P-1, P-2, or P-3 Visa Worker;
- Has a working history with the P-1, P-2, or P-3 Visa Worker;
- Worker’s services cannot be readily performed by a U.S. worker;
- Services must be essential; and
- Must be highly skilled, have appropriate qualifications, and critical knowledge of performance.
- Petition with CIS to determine P Visa eligibility.
- A written advisory opinion from a consulting entity regarding the nature of the work to be done and the P-Visa Worker’s qualifications.
- Application to United States Consulate for P- Visa.
- Inspection at a U.S. Port of Entry.
The U.S. employer, an employer’s U.S. agent, or the sponsor of a P-Visa Worker must first file a petition on Form I-129, Petition for a Non-immigrant Worker, with the CIS Service Center that has jurisdiction over the P - Visa Worker’s place of employment.
The purpose of this petition is for the CIS to review the services to be performed and to determine eligibility for P-Visa classification.
- The petition may not be filed more than 6 months before the actual need for the P - Visa Worker’s services.
- Where the P- Visa worker will perform services in more than one location the petition must include an itinerary with the dates and locations of the performances.
- If the P- Visa worker will perform services for more than one employer within the same time period, each employer must file a separate petition, unless an agent files the petition.
- Generally, if a P Visa Worker seeks to change employers or sponsors, the new employer or sponsor must file both a petition and a request to extend the P – Visa Worker’s stay in the United States. Work may not commence with the new employer or sponsor until the petition and request for extension have been approved.
- In the case of a P-1 Visa Athlete who is traded from one organization to another organization, employment authorization for the player will automatically continue for a period of 30 days after acquisition by the new organization, within which time the new organization is expected to file a new petition.
- An amended petition must be filed if there are any changes in the terms and conditions in the employment of the P Visa Worker that may affect the worker’s eligibility for a P Visa.
- More than one beneficiary may be included in a P Visa petition if they are members of a group seeking classification based on the reputation of the group as an entity, or if they will provide essential support to P-1, P-2, or P-3 beneficiaries.
- Beneficiaries may be substituted in approved P-1, P-2, and P-3 petitions for groups.
- Specific evidence to support the particular P - Visa Worker classification.
- P-1 Visa for Athletes.
- P-1 Visa for Member of Entertainment Group.
- P-2 Visa for Artists and Entertainers in Exchange Programs.
- P-3 Visa for Culturally Unique Artists and Entertainers.
- P-Visa for Support Personnel.
- Copies of any written contracts between the employer or sponsor and the P-Visa Worker or, if there is no written contract, a summary of the terms of employment;
- An explanation of the nature of the events the P-Visa Worker will participate in or of the worker’s activities;
- The beginning and ending dates for the events or activities; and
- A written advisory opinion from a labor organization.
Before a petition for a P Visa can be approved, the employer or sponsoring organization must obtain a written advisory opinion from an appropriate labor organization regarding the nature of the work to be done and the P-Visa Worker’s qualifications. The advisory opinion must then be submitted with the petition for a P Worker Visa. There is one exception to this rule where CIS will request a written advisory opinion from an appropriate labor organization when a petition merits expeditious handling.
- Consultation with a labor organization that has expertise in the area of the sport or entertainment field.
- If the advisory opinion is not favorable, the advisory opinion must set forth a specific statement of facts which support the conclusion reached in the opinion.
If the advisory opinion is favorable, it should evaluate and/or describe the athlete’s or group’s ability and achievements, comment on any international recognition, and state whether the services to be provided are appropriate for an internationally recognized athlete or entertainment group.
- Alternatively, a labor organization may submit a letter of no objection if it has no objection to the approval of the petition.
- The advisory opinion provided by a labor organization that comments on whether the circus has national recognition.
- If the advisory opinion is not favorable, it must set forth a specific statement of facts which support the conclusion reached in the opinion.
- Alternatively, a labor organization may submit a letter of no objection if it has no objection to the approval of the petition.
- Consultation with the appropriate labor organization must verify the existence of a viable exchange program.
- The advisory opinion from the labor organization must comment on the bona fides of the exchange program.
- If the advisory opinion is not favorable, it must set forth a specific statement of facts that support the conclusion reached in the opinion.
- Consultation with an appropriate labor organization.
- If the advisory opinion is favorable, it should evaluate the cultural uniqueness of the individual’s skills, state whether the events are cultural in nature, and state whether the event or activity is appropriate for P-3 classification.
- If the advisory opinion is not favorable to the petitioner, it must also set forth a specific statement of facts which support the conclusion reached in the opinion. In lieu of the above, a labor organization may submit a letter of no objection if it has no objection to the approval of the petition.
Consultation with a labor organization with expertise in the skill area involved.
If the advisory opinion provided is favorable, it must evaluate the individual’s essentiality to and working relationship with the artist or entertainer, and state whether United States workers are available who can perform the support services.
If the advisory opinion is not favorable, it must also set forth a specific statement of facts which support the conclusion reached in the opinion.
A labor organization may submit a letter of no objection if it has no objection to the approval of the petition.
- If the CIS Service Center approves the P-Visa petition, it will notify the employer or sponsor of the approval on Form I-797, Notice of Action. The approval notice will include the P-Visa Worker’s name, the classification, and the petition’s period of validity. In the event a petition is denied, an employer or sponsor may seek an appeal.
- The petition will generally be valid for the following periods of time:
- P-1 petition for athletes. Petitions for an individual athlete may be valid for a period up to 5 years. Petitions for athletic teams are valid for the period of time needed to complete the competition, but may not exceed 1 year.
- P-1 petition for an entertainment group. Petitions for an entertainment group are valid for the period of time needed to complete the performance, but may not exceed 1 year.
- P-2 and P-3 petitions for artists or entertainers. Petitions for an artist or entertainer under the P-2 and P-3 classifications are valid for the period of time needed to complete the event, activity, or performance, but may not exceed 1 year.
- P-Visa for support personnel. Petitions for essential support personnel to P-1, P-2, and P-3 Visa Workers are valid for the period of time needed to complete the P-1, P-2, and P-3 Visa Workers’ event, activity, or performance, but may not exceed 1 year.
The worker then applies for a P - Visa by submitting an application to a United States consulate in the worker’s home country.
- Basic application package for a nonimmigrant visa:
- Form DS-156, Nonimmigrant Visa Application;
- Form DS-158, Contact Information and Work History for Nonimmigrant Visa Applicant;
A valid, unexpired passport;
- Passport-type photograph; and
- Application fee, if any.
Note that males between the age of 16 and 45 must also use Form DS-157.
If the consulate is satisfied that the worker qualifies for a P-Visa and the consulate has received the P-Visa Worker’s petition, he or she may approve the visa application and will place a P-Visa in the worker’s passport. Once a visa is issued, the worker may travel to the United States.
- Admission of P-Visa Worker.
- If the P-Visa is granted, the P-Visa Worker may be admitted to the United States by an immigration officer at a U.S. port of entry.
- A P-Visa Worker may be admitted to the U.S. for the validity period of his or her petition.
- The P-Visa Worker will also have an additional period of up to 10 days before the validity period begins and 10 days after the validity period ends.
- However, the P-Visa Worker may only engage in employment during the validity period of his or her petition.
- Extension of P-Visa Worker Visa Petition and Stay.
To obtain an extension for the purpose of completing or continuing the activity or event specified in the original petition, the employer or sponsor must file both a request to extend the validity of the P-Visa Worker’s original petition, and a request to extend the P-Visa Worker’s period of stay.
The employer or sponsor requests an extension of the P-Visa Worker’s stay to continue or complete the same event or activity by filing Form I-129, accompanied by a statement explaining the reasons for the extension.
The P-Visa Worker must be physically present in the United States at the time of filing of the extension of stay.
The CIS Service Center will notify the employer or sponsor if the extension is approved using Form I-797.
An extension of stay for a P-1 individual athlete and his or her essential support personnel may be authorized for a period up to 5 years for a total period of stay not to exceed 10 years.
Other P-1, P-2, and P-3 Visa Workers. An extension of stay may be authorized in increments of 1 year for P-1 athletic teams, entertainment groups, artists and entertainers in exchange programs, artists and entertainers in culturally unique programs, and their essential support personnel to continue or complete the same event or activity for which they were admitted.
Except for exchanges and culturally unique performers, individual entertainers are excluded from the P- Visa classification. The individual non-immigrant entertainer who is skilled but does not meet the standard of prominence necessary for O-1 Visa classification as an individual of extraordinary ability will find it difficult to perform in the United States.
Doctrine of dual intent. A foreign worker may legitimately come to the United States for a temporary period as a P-Visa Worker and depart voluntarily at the end of his or her authorized stay and, at the same time, lawfully seek to become a permanent resident of the United States. However, this provision does not apply to P-Visa essential support personnel.
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