Artists, athletes and entertainers from foreign countries can seek entry to the US with a "P" visa. The Immigration Act of 1990 created this visa classification. It allows for artists, athletes and entertainers with international recognition to come to the US to perform, teach or coach. A P visa is similar to the "O" visa, which applies to people with extraordinary abilities in their field. Eligibility standards are less restrictive for P visas than for O visas. However, P visas are available for only a limited range of services.

P Visa Categories

There are four categories of P visas:

  • P-1 visas are for members of entertainment groups or individual athletes and athletic team members
  • P-2 visas are for entertainers participating in reciprocal international exchanges
  • P-3 visas are for people performing in culturally unique programs
  • P-4 visas are for the spouses and minor, unmarried children accompanying or following to join people with P-1, P-2 or P-3 visas

Exclusion for Individual Entertainers

Individual entertainers don't fall within the P visa definition, unless they are culturally unique performers or are in reciprocal exchange programs. Otherwise, if an individual entertainer can't meet the standard of prominence needed for an O visa, he'll find it difficult to perform in the US.

Foreign Residence

A P visa applicant must seek to enter the US temporarily, and he must show that he has a home abroad that he doesn't intend to abandon. As long as someone maintains P visa status, he can pursue a plan to immigrate to the US. P visa status and the desire to be a lawful permanent US resident can coexist.

P Visa Applications

An applications for a P visa, like an O visa, must be filed by the applicant's employer or agent. If an entertainment group is coming to the US to perform without salary, an established organization can serve as a sponsor, taking responsibility for the application's accuracy.

The petition for a P visa is made on Form I-129, Petition for a Nonimmigrant Worker. Form I-129 is then filed at a US Citizenship and Immigration Services service center. If different types of P visas are needed, separate petitions are required for each group. Premium processing is available, which, for a $1,000 fee, secures a decision on the petition within 15 days.

Consultations

Consultations or opinions are the documentation to support the P visa petition. Applicants must show they meet P visa requirements. Various arts and entertainment organizations and associations and labor organizations supply consultations. The scope of the consultation differs, depending on the type of P visa:

  • P-1 consultations address whether a group or athlete is internationally recognized, and whether the services to be performed require performers or athletes of such caliber
  • P-2 consultations for artists and entertainers under reciprocal exchange programs need only a comment on whether the program is viable and genuine and meets other rules, such as terms and conditions of employment for both sides
  • P-3 consultations evaluate whether the nonimmigrant's skills are culturally unique and whether P-3 classification is suitable

Labor unions furnish consultations for applicants supplying essential support services to those holding P-1, P-2 or P-3 visas. The consultation needs to comment on the necessity of the support services, the relationship between the artist, performer or athlete and the support person, and whether US workers could do the work.

Admission Periods and Extensions

The length of the authorized stay under a P visa varies. Individual athletes may be admitted for up to 5 years, and extensions of up to 5 years are allowed, with a maximum stay of 10 years. All others holding P visas may be admitted to the US for up to a year, with extensions available in one-year increments.

Questions for Your Attorney

  • I'm involved with an ethnic cultural center, and our organization would like to bring performers from our home country to the US for performances and to teach. Can we sponsor such individuals and/or groups, and can you help us prepare P visa petitions?
  • I'm an athlete from a foreign country, and I want to come to the US to coach and play in exhibition games on a seasonal basis. Are there restrictions on the frequency and length of my stays in the US under the P visa program?
  • I'll be in the US on a P visa, and my wife will accompany me with a P-4 visa. Will she be allowed to work?