P Visas

The P-1 and P-3 visas are for individuals coming to the United States temporarily to perform in athletic competitions (P-1A), to perform as members of entertainment groups (P-1B), to be a part of a culturally unique program (P-3) or to perform as part of a “reciprocal exchange program” (P-2).

Classifications of P Visas

  • P-1A – Athletic Competitions: The P-1A classification is for athletes who who are coming to the United States on a temporary basis in order to perform in an athletic competition. The athlete can be performing as an individual or part of a team at an “internationally recognized level of performance.”
  • P-1B – Member(s) of an Entertainment Group: The P-1B classification is for performers coming to the United States temporarily to perform as a member of an entertainment group.
  • P-2 – Performances as Part of a Reciprocal Exchange Program: The P-2 classification is for artists or entertainers who are travelling the United States temporarily to perform “under a reciprocal exchange program between an organization in the United States and an organization in another country.”
  • P-3 – Culturally Unique Programs: The P-3 classification is for individuals coming to the United States temporarily in order to perform, teach or coach artists or entertainers (individually or as part of a group) for a culturally unique program.
  • P-4 – Family Members: The P-4 classification is for the spouses or children under the age of 21 of P visa holders.

P-1A – Athletes

The P-1A Visa is for athletes who who are coming to the United States on a temporary basis in order to perform in an athletic competition. The athlete can be performing as an individual or part of a team at an “internationally recognized level of performance.”

Eligibility Criteria

Below is a description of the eligibility criteria for P-1A applicants who will be performing in an athletic competition in the United States as individuals or as part of a team.

  • Individual Athletes: The individual must be performing at an event, competition or performance in which they are “internationally recognized with a high level of achievement. This must be evidenced by “a degree of skill and recognition substantially above that ordinarily encountered so that the achievement is renowned, leading or well known in more than one country.”
  • Athletic Teams: The individual must be participating in a team event must have “achieved significant international recognition in the sport.” In addition, the event must be “distinguished” and require that the teams paticipating are of “international recognition.”

Application Process & Evidentiary Criteria

  • Form I-129: A U.S. employer must file a Form I-129, Petition for Nonimmigrant worker. The Form I-129 must be accompanied by the appropriate filing fee(s) and supporting documentation. For more information, please see: “Form I-129, Petition for Nonimmigrant Worker” page. http://www.uscis.gov/i-129 <LINK>
  • Petitioners Filing as an Agent for Multiple Employers: If the Petitioner is filing as an agent for multiple employers, they must establish that they are duly authorized to act as the agnet. For additional information on the requirements, please see the following memorandum published by the USCIS: “Requirements for Agents and Sponsors Filing as Petitioners for the O and P Visa Classifications” (PDF).
  • Consultation: The U.S. employer must submit a consultation from an appropriate labor organization. The consultation must describe the work or services to be performed in the United States and your qualifications for such work. If no appropriate labor organization exists, this requirement is excused.
  • Contract: A copy of the contract with a major U.S. sports league, a major U.S. team or an individual sport, if contracts are typically used in the sport.
  • Explanation and Itinerary: An explaination of the event and an Itinerary must be provided.
  • Criteria: Documentation of at least two of the following criteria:
    • Evidence of having participated to a significant extent in a prior season with a major United States sports league.
    • Evidence of having participated to a significant extent in international competition with a national team.
    • Evidence of having participated to a significant extent in a prior season for a U.S. college or university in intercollegiate competition.
    • A written statement from an official of a major U.S. sports league or an official of the governing body of the sport which details how you or your team is internationally recognized.
    • A written statement from a member of the sports media or a recognized expert in the sport which details how you or your team is internationally recognized.
    • Evidence that you or your team is ranked, if the sport has international rankings.
    • Evidence that you or your team has received a significant honor or award in the sport
  • Applying for a Visa at a U.S. Embassy or Consulate: When the USCIS approves your visa petition, you can then apply for a visa at U.S. Embassy or Consulate. For more information about this, including processing times and issuance fees, please see the website of the Department of State.

Period of Stay & Extension of Stay

Initial Period of Stay

The initial period of stay is granted for the amount of time needed to complete the event, competition or performance. The increments of time or the maximum amount of time of the initial period of stay is as follows:

  • Individual Athletes: May not exceed 5 years.
  • Athletic Group: May not exceed 5 years.
  • Essential Support Personnel: May not exceed 5 years.

Extension of Stay

The initial period of stay can be extended in order to continue or complete the event, competition or performance. The increments of time for which an extension can be granted and the total period of stay is as follows:

  • Individual Athletes: Increments of up to 5 years and the total period of stay can be no more than 10 years.
  • Athletic Groups: Increments of up to 1 year.
  • Essential Support Personal: Increments of up to 5 years and the total period of stay can be no more than 10 years.

Additional Information

The links below provide additional information regarding the Extension of Status of P-1 Nonimmigrant Athletes and Essential Support Personnel.

P-1B – Members of Internationally Recognized Entertainment Group

The P-1B visa is for individuals who are coming to the United States temporarily to perform as “a member of an entertainment group that has been recognized internationally as outstanding in the discipline for a sustained and substantial period of time.”

Eligibility Criteria

  • 1-Year Requirement: 75% of the group members must have had a “substantial and sustained relationship with the group for at least one year.”
  • International Recognition: The entertainment group must be “internationally recognized” and have a “high level of achievement in a field evidenced,” such the group’s skill and recognition is “substantially” above that which is typically encountered in their field or industry. The reputation of the group as a whole is essential, not that of the individual members or the production or event in which they will be participating.
  • Special Provisions for Certain Entertainment Groups: 
    • Circus Performers and Essential Support Personnel: Circus performers and essential circus personnel are exempt from the 1-Year / 75% requirement. Though, the circus they are joining in the United States must be “nationally recognized.”
    • National Recognition: Certain groups may have the “international recognition” requirement waived in consideration of special circumstances if the group can demonstrate that they have been “nationally recognized” for a sustained period of time and that the recognition they have received is such that the group is considered outstanding in their field or discipline.

Application Process

  • Form I-129: A U.S. employer must file a Form I-129, Petition for Nonimmigrant worker. The Form I-129 must be accompanied by the appropriate etition, you can then apply for a visa at U.S. Embassy or Consulate. For more information about this, including processing times and issuance fees, please see the website of the Department of State.
  • Petitioners Filing as an Agent for Multiple Employers: If the Petitioner is filing as an agent for multiple employers, they must establish that they are duly authorized to act as the agnet. For additional information on the requirements, please see the following memorandum published by the USCIS: “Requirements for Agents and Sponsors Filing as Petitioners for the O and P Visa Classifications” (PDF).
  • Consultation: The U.S. employer must submit a consultation from an appropriate labor organization. The consultation must describe the work or services to be performed in the United States and your qualifications for such work. If no appropriate labor organization exists, this requirement is excused.
  • Applying for a Visa at a U.S. Embassy or Consulate: When the USCIS approves your visa petition, you can then apply for a visa at U.S. Embassy or Consulate. For more information about this, including processing times and issuance fees, please see the website of the Department of State.

Required Documents

The following evidence and supporting documents must be submitted with the Form I-129:

  • Consultation: A written consultation (sometimes referred as an “Advisory Opinion”) from the appropriate U.S. labor organization, such as a labor union or peer group.
  • Itinerary: An itinerary with the dates and locations of all performances or engagements must be provided.
  • Contracts: Copies of contracts or summaries of oral agreements between the beneficiary and Petitioner must be provided. These contracts or summaries must include the terms under which the Beneficiary will be employed.
  • Evidence for 1-Year Requirement: As stated above, 75% of the group members must have been working together for at least one year. Evidence must be provided demonstrating that the group has been performing regularly for at least one year.
  • Petitioner’s Statement for Group Members: The Petitioner must provide a statement that lists all group members and the exact dates for which each group member has been employed regularly by the group.
  • Evidence for P-1B Criteria: Evidence must also be provided demonstrating that the group satisfies the P-1B Criteria, which is described below.

P-1B Criteria

In addition to the documentation described above, evidence must also be provided demonstrating that the 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 the evidence must demonstrate at least 3 of the following criteria:

  • 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.

Period of Stay & Extension of Stay

  • Initial Period of Stay: The initial period of stay is granted for the amount of time needed to complete the event, competition or performance and will not exceed 1-year.
  • Extension of Stay: The initial period of stay can be extended in order to continue or complete the event, competition or performance. The period of stay can be extended in increments of up to 1 year.

Additional Information:

  • To apply for a change of status, extension of stay or change of employment, the Petitioner must file a Form I-129.
  • For more information on extending your period of stay, please see the USCIS page “Extend Your Stay.”
  • For information on changing your status, please see the USCIS page: “Change My Status.”

P-3 – Artist or Entertaining Part of a Culturally Unique Program

The P-3 classification is for individuals travelling to the United States temporarily to participate in a culturally unique program. This participation can including performing, teaching or coaching other artists or entertainers.

Eligibility Criteria

  • You must be coming to the United States individually or as part of a group “for the purpose of developing, interpreting, representing, coaching, or teaching a unique or traditional ethnic, folk, cultural, musical, theatrical, or artistic performance or presentation.”
  • You must be coming to the U.S. to participate in cultural event(s) that will “further hte understanding or development of your art form.”
  • The program for which you are travelling to the United States may be commercial or noncommercial.

Application Process

Supporting Documents

  • Consultation: A written consultation (sometimes referred as an “Advisory Opinion”) from the appropriate U.S. labor organization, such as a labor union or peer group.
  • Explanation and Itinerary: An explanation and Itinerary of all events and performances. The Itinerary must include the dates and locations of all events performances.
  • Contracts: Copies of contracts or summaries of oral agreements between the beneficiary and Petitioner must be provided. These contracts or summaries must include the terms under which the Beneficiary will be employed.
  • Evidence: The petition must include affidavits, testimonials or letters from “recognized experts” or evidence that the performance is culturally unique, both of which are described below:
    • Attestations from Recognized Experts: this evidence can include affidavits, testimonials or letters from recognized experts, which attest to the beneficiary’s (an individual or a group) skills in the performance, presentation, coaching or teaching of the “unique and traditional art forms.” The affidavits, testimonials or letters must also provide the author’s credentials, including the basis of their knowledge of the beneficiary’s skills.
    • Evidence the Performance is Culturally Unique: Evidence can be provided that demonstrates that the beneficiary’s (an individual or a group) performance is culturally unique. The prescribed forms of evidence to demonstrate this are: reviews in newspapers, journals or other published materials.
  • Documentation of Culturally Unique Performance: Documentation must also be provided that demonstrates that all of the performances or presentations will be culturally unique.

Period of Stay & Extension of Stay

  • Initial Period of Stay: The initial period of stay is granted for the amount of time needed to complete the event, competition or performance and will not exceed 1-year.
  • Extension of Stay: The initial period of stay can be extended in order to continue or complete the event, competition or performance. The period of stay can be extended in increments of up to 1 year.

Additional Information:

  • To apply for a change of status, extension of stay or change of employment, the Petitioner must file a Form I-129.
  • For more information on extending your period of stay, please see the USCIS page “Extend Your Stay.”
  • For information on changing your status, please see the USCIS page: “Change My Status.”

P-2 – Performances Under a Reciprocal Exchange Program

The P-2 classification is for individuals or groups who are artists or entertainers that will be performing under a “reciprocal exchange program between an organization in the United States and an organization in another country.”

Eligibility Criteria

  • You must be an artist travelling to the United States temporarily through a “government recognized reciprocal exchange program.”
  • You must also possess “skills comparable to those of the United States artists and entertainers taking part in the program outside the United States.”

Application Process

Supporting Documents

  • Consultation: A written consultation (sometimes referred as an “Advisory Opinion”) from the appropriate U.S. labor organization, such as a labor union or peer group.
  • Reciprocal Exchange Agreement: A 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 Sponsoring Organization: A statement from the sponsoring organization is required. The statement must describe the “reciprocal exchange of United States artists or entertainers as it relates to the specific petition for which classification is sought.”
  • Evidence: Evidence must be provided demonstrating that both you and the artist or entertainer from the United States who are subject to the reciprocal exchange agreement are “artists with comparable skills and that the terms and conditions of employment are similar.”
  • Labor Organization: Evidence must be provided demonstrating 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.”

Period of Stay & Extension of Stay

  • Initial Period of Stay: The initial period of stay is granted for the amount of time needed to complete the event, competition or performance and will not exceed 1-year.
  • Extension of Stay: The initial period of stay can be extended in order to continue or complete the event, competition or performance. The period of stay can be extended in increments of up to 1 year.

Additional Information:

  • To apply for a change of status, extension of stay or change of employment, the Petitioner must file a Form I-129.
  • For more information on extending your period of stay, please see the USCIS page “Extend Your Stay.”
  • For information on changing your status, please see the USCIS page: “Change My Status.”

Changes to Employment

P-1 and P-3 visa holders may change employers during their period of stay. To do so, the new employer must file a new Form I-129 petition with the USCIS requesting permission to employ the visa holder and extend their stay. The visa holder may not begin their new employment until the new Form I-129 petition has been approved.

Family and Support Personnel

Family

The spouses and unmarried children who are under the age of 21 of P-1 or P-3 visa holders may obtain P-4 status. They may attend school or college, but are not permitted to engage in employment.

Essential Support Personnel

Essential Support Personnel are individuals who are integral part of the performance of a P-1 artists or enterainers (P-1B, P-3) or athletes (P-1A). Essential Support Personnel are eligible for P-1 or P-3 classification, provided that they perform support services that “cannot be readily performed by a U.S. worker.”

The positions held by Essential Support Personal may include, but are not limited to:

  • Coaches, Scouts and Trainers;
  • Team Officials;
  • Referrees;
  • Front Office Personnel;
  • Camera Operators;
  • Lighting Technicians;
  • Stage Personnel;

To apply for a visa for Essential Support Personnel, the U.S. employer must file a separate Form I-129 for the support personnel. The following documents must be included with the petition:

  • A consultation from an from an appropriate labor organization with expertise in the area of the support person’s skill
  • A statement describing the support person’s prior and current essentiality, critical skills and experience with the P-1 athlete (team), P-1B entertainer(s) or P-3 artist or entertainer.
  • A copy of a written contract between the employer and the support person or a summary of the terms of the oral agreement under which the support person will be employed