P Visa

P Visa Summary:

 

**Please note this is only a summary designed to give you an over view of the P visa program.  The rules and regulations are extensive and complex and this summary does not encompass all of the rules regulating the program:

 

The P Visa Program

This program allows for entertainers and athletes to come to the U.S. to perform or play in events.  There are 3 kinds of P Visas: P-1, P-2, and P-3.

P-1 Visa status:

1.      The performer or athlete must be coming for a temporary period and cannot be intending to immigrant.

 

2.      Must be coming 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,

 

3.      Must be coming to perform with an entertainment group that has been recognized internationally as being outstanding in the field for a long period of time.

 

4.      Each performer with the group must have an essential role and must have been with performing with the group for at least 1 year.

P-2 Visa status:

1.      The performer must be coming to the U.S. temporarily.

 

2.      Must be coming to perform as an artist or entertainer, individually or as part of a group.

 

3.      Must be coming to perform under a reciprocal exchange program which is a program between an organization or organizations in the United States and an organization or organizations in one or more foreign counties.

 

4.      The reciprocal exchange program must be for the temporary exchange of artists and entertainers, or groups of artists and entertainers.

 

P-3 Visa status:

1.      A P-3 artist or entertainer must be coming to the U.S. to perform temporarily. 

 

2.      The individual or group of performers or entertainers must be coming to perform, teach or coach in an event that is culturally unique.

 

3.      The event may be commercial or noncommercial. 

 

4.      If it is a group of performers or entertainers then every member of the group must have an essential role.

 

P Visa status in general:

1.      A P Visa must be filed by a U.S. employer, sponsoring organization or agency.  In the case of the P-2, the petition must be filed by the United States labor organization which negotiated the reciprocal exchange agreement, the sponsoring organization, or a United States employer.

 

2.      The P petition must include copies of the written contracts between the petitioner and the performers or athletes.  If there is no written contract then a summary of the terms of the oral agreement must be included.

 

3.      An itinerary must be included with the dates, addresses and contact information for the events planned.

 

4.      There must be a written consultation from a labor organization which states that the U.S. labor force is not impacted by the granting of the P petition.

 

5.      Affidavits, contracts, awards, and similar documentation should be submitted to show the level of the performer’s achievements in their field.

 

6.      Affidavits written by present or former employers or recognized experts in the field should be filed to show the performer’s abilities and achievements.

 

Visa Processing:

The artists, athletes or performers must usually apply for a P Visa at an Embassy or Consulate abroad.  Generally, they must apply at the U.S. Embassy in the country where they have nationality or where they have legal residence.   This involves filing a DS-160 Nonimmigrant Visa Application on line, paying the required filing fees and attending a P Visa interview after the approval of the P Visa Petition by U.S. Citizenship and Immigration Services in the U.S.

 

**This is only an outline of the issues involved in the P-1 nonimmigrant visa category.  This document does not address all of the issues or documents involved in a complex employment immigration case. Please feel free make an appointment to discuss further with us the options available to you in your specific case.

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Email:  rdagher@dgdlegal.com

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