Peter B. Li, Attorney at Law

Home Up H Visas Immigrant Visas Labor Certification National Interest Waiver Adjustment of Status Consular Processing Naturalization Processing Time Hot Links Contact Us

 

 

 

 

 

 

 

 

Search this site for:

               

  • P visa for artists, athletes, and entertainers

Classification
1. A P-1 classification applies to an alien who is coming temporarily to the United States:
  1. 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, or
  2. To perform with, or as an integral and essential part of the performance of, an entertainment group that has been recognized internationally as being outstanding in the discipline for a sustained and substantial period of time, and who has had a sustained and substantial relationship with the group (ordinarily for at least 1 year) and provides functions integral to the performance of the group.

2. A P-2 classification applies to an alien who is coming temporarily to the United States to perform as an artist or entertainer, individually or as part of a group, or to perform as an integral part of the performance of such a group, and who seeks to perform under a reciprocal exchange program which is between an organization or organizations in the United States and an organization or organizations in one or more foreign states, and which provides for the temporary exchange of artists and entertainers, or groups of artists and entertainers.

3. A P-3 classification applies to an alien artist or entertainer who is coming temporarily to the United States, either individually or as part of a group, or as an integral part of the performance of the group, to perform, teach, or coach under a commercial or noncommercial program that is culturally unique.

A P-1 petition for an athlete or entertainment group shall be filed by a U.S. employer or sponsoring organization, a foreign employer, or an established U.S. agent. A P-2 petition for an artist or entertainer in a reciprocal exchange program shall be filed by the U.S. labor organization which negotiated the reciprocal exchange agreement, the sponsoring organization, or an employer in the United States. A P-3 petition for an artist or entertainer in a culturally unique program shall be filed by the sponsoring organization or an employer in the United States.

A P-2 classification shall be accorded to artists or entertainers, individually or as a group, who will be performing under a reciprocal exchange program which is between an organization or organizations in the United States, which may include a management organization, and an organization or organizations in one or more foreign states and which provides for the temporary exchange of artists and entertainers, or groups of artists and entertainers.

A P-3 classification may be accorded to artists or entertainers, individually or as a group, coming to the United States for the purpose of developing, interpreting, representing, coaching, or teaching a unique or traditional ethnic, folk, cultural, musical, theatrical, or artistic performance or presentation.

There is a consultation with a labor organization that has expertise in the area of the alien's sport or entertainment field requirements for P-1 athletes and entertainment groups.

  back to top

Expansion of the P-1 Category

12/28/2006: Memo of "Creating Opportunities for Minor League Professional, Entertainers, and Teams through Legal Entry Act of 2006.
  back to top
Approvals
  1. P-1 petition for athletes. An approved petition for an individual athlete classified under section 101(a)(15)(P)(i) of the Act shall be valid for a period up to 5 years. An approved petition for an athletic team classified under section 101(a)(15)(P)(i) of the Act shall be valid for a period of time determined by the Director to complete the competition or event for which the alien team is being admitted, not to exceed 1 year.
  2. P-1 petition for an entertainment group. An approved petition for an entertainment group classified under section 101(a)(15)(P)(i) of the Act shall be valid for a period of time determined by the Director to be necessary to complete the performance or event for which the group is being admitted, not to exceed 1 year.
  3. P-2 and P-3 petitions for artists or entertainers. An approved petition for an artist or entertainer under section 101(a)(15)(P)(ii) or (iii) of the Act shall be valid for a period of time determined by the Director to be necessary to complete the event, activity, or performance for which the P-2 or P-3 alien is admitted, not to exceed 1 year.
  4. Spouse and dependents. The spouse and unmarried minor children of a P-1, P-2, or P-3 alien beneficiary are entitled to P-4 nonimmigrant classification, subject to the same period of admission and limitations as the alien beneficiary, if they are accompanying or following to join the alien beneficiary in the United States. Neither the spouse nor a child of the alien beneficiary may accept employment unless he or she has been granted employment authorization.
  5. Essential support aliens. Petitions for essential support personnel to P-1, P-2, and P-3 aliens shall be valid for a period of time determined by the Director to be necessary to complete the event, activity, or performance for which the P-1, P-2, or P-3 alien is admitted, not to exceed 1 year.
  back to top
Extension of stay
  1. P-1 individual athlete. 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.
  2. Other P-1, P-2, and P-3 aliens. An extension of stay may be authorized in increments of 1 year for P-1 athletic teams, entertainment groups, aliens in reciprocal exchange programs, aliens in culturally unique programs, and their essential support personnel to continue or complete the same event or activity for which they were admitted.

4/12/07 USCIS Announces Extension of Filing Time for Os and Ps

  back to top
 

 

If you have any specific questions, please send an email to: Info@PeterLi.us or call us at (440) 878-8200.