P visas – Law Offices of Peng Fang

P Visas (P-1, P-2 & P-3)

A P visa is a type of temporary employment visa issued to alien athletes, artists, and entertainers, and their spouses and children. The term “P” refers to 8 U.S.C. § 1101(a)(15)(P), Section 101 of the Immigration and Nationality Act.

P visa classifications are as follows:

P-1applies to individual or team athletes, or members of an entertainment group (P-1B) that are internationally recognized. A maximum of 25,000 P visas are issued annually.
P-2applies to artists or entertainers who will perform under a reciprocal exchange program.
P-3applies to artists or entertainers who perform under a program that is culturally unique.
P-4is for the spouse, or child under the age of 21, of a P-1, P-2, or P-3 alien and who is accompanying, or following to join, the alien.

Initial period of stay for P Visas (P-1, P-2 & P-3) is the time needed to complete the event, competition or performance, not to exceed 1 year; and extension of stay is up to 1 year in order to continue or complete the event, competition or performance. The Form I-129 is used to apply for a change of status, extension of stay, or change of employment.

P1 visa

To qualify for a P1 visa for individual or team athletes, the following requirements must be fulfilled:

You must be recognized internationally in your sport, and must be coming to the U.S. to perform services which require such recognition. You must provide evidence of having legally contracted with a major U.S. sports league, or organization, and offer proof of at least two of the following:

Significant participation in U.S. major sports league in prior seasons;
Participation in international competitions with a national team;
Significant participation in a prior U.S. college/university season in inter-collegiate competitions;
Written statement from a major U.S. sports league or official of the sport’s governing body demonstrating the alien’s or team’s international recognition;
Written statement from the sports media or a recognized expert;
International ranking provided by internationally recognized sports’ organizations;
Significant honors/awards in the sport.

To qualify for a P1 visa for artists and entertainment groups, the following requirements must be fulfilled:

You must provide evidence of a legal contract with a U.S. employer or agent, and prove that:

The proposed services in the U.S. require an internationally recognized entertainment group;
Seventy-five per cent of your group members have had a sustained and substantial relationship with the group for at least one year and provide functions integral to the group’s performance;
Your group received significant international awards or prizes, or nominations for its outstanding achievements;

In addition to the above requirements, your group must offer proof of at least three of the following:

Your group has performed, or will be performing, as a starring or leading entertainment group in events with distinguished reputation
Your group has received international recognition and acclaim for outstanding achievements
Your group has performed and will be performing services as a leading or starring group for organizations or establishments with a distinguished reputation
Your group has had major commercial or critically acclaimed successes
Your group is highly recognized, for its achievements, by organizations, critics, government agencies, or other recognized experts
Your group has commanded or will command a high salary or other substantial remuneration comparable to others similarly situated

For the application process of P-1 visa, your U.S. employer must submit Form I-129, Petition for a Non-Immigrant Worker accompanied by the following supporting 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

Please note that if you are a petitioner who will be filing as an agent for multiple employers you must establish that you are duly authorized to act as an agent. A consultation from an appropriate labor organization regarding the nature of the work to be done or a statement proving that the group has been established and performing regularly for a period of at least one year (If no appropriate labor organization exists, this requirement is excused).

P-2 visa

P-2 visas are available to artists or entertainers, either individually or as part of a group, who come to the U.S. to perform under a reciprocal exchange program between the U.S. and one or more other countries. All essential support personnel are included. The applicant will need to prove the legitimacy of the program by presenting a formal, written exchange agreement. In addition, a labor union in the U.S. must have either been involved in the negotiation of the exchange or have agreed to it. The U.S. individual or group being exchanged must have skills and terms of employment comparable to the person or group coming to the United States by filing Form I-129 along with the following document:

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; and
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.

P-3 visa

P-3 visas are available to artists or entertainers who come to the U.S., either individually or as part of a group, to develop, interpret, represent, teach, or coach in a program that is considered culturally unique. The program may be of either a commercial or noncommercial nature. The P-3 applicant must be coming to the U.S. to participate in a cultural event or events that will further the understanding or development of an art form. In addition, the employer will have to submit on the applicant’s behalf:

Statements from recognized experts showing the authenticity of the person or group’s skills in performing, presenting, coaching, or teaching the unique or traditional art form and showing the basis of knowledge of the person or group’s skill, or
Evidence that the person or group’s art form is culturally unique, as shown by reviews in newspapers, journals, or other published materials, and that the performance will be culturally unique.
Essential support personnel of P‑3 aliens should also request classification under the P-3 category. The documentation for P-3 support personnel should include:
A consultation from a labor organization with expertise in the area of the applicant’s skill
A statement describing why the support person has been essential in the past, critical skills, and experience with the principal applicant, and
A copy of the written contract or a summary of the terms of the oral agreement between the applicant and the employer.

P-4 visa

P-4 visa is a visa issued to dependents of P-1, P-2, and P-3 visa holders. Dependents include spouses and unmarried children under 21. To get a P-4 visa, you will primarily need to prove your family relationship to the primary visa holder. A P-4 visa holder will be admitted and allowed to remain in the United States for as long as the primary visa holder, i.e. the spouse/parent having the P-1, P-2 or P-3 visa maintains lawful status. P-4 visa holders are not permitted to accept employment in the United States. If you intend to seek employment, you must change your status.