Overview of U.S. Non-Immigrant P Visas
P Visas are used for individuals of extraordinary ability in the arts, business, education, science, or athletics who want to come to the United States temporarily in the capacity of one of the listed abilities to work. Subcategories of the P-1 visa include P-1, P-2, and P-3 visas, defined as follows:
- The P-1 visa can be used by athletes: either as an individual or a team. These individuals are coming to compete in an athletic event in the United States. It can also be used by those coming to perform in an entertainment group.
- The P-2 visa can be used by entertainment groups who are participating in reciprocal exchange programs.
- The P-3 visa can be used by entertainment groups performing culturally unique performances.
How do I Obtain a U.S. Non-Immigrant P Visa?
First, you must consult with the relevant U.S. labor union, peer, and management organizations. These organizations must provide advisory opinions on whether the applicant shows “extraordinary ability” or “extraordinary achievement” in the field, and whether the position they are coming for requires such high qualifications. Once this is completed, a petition is filed with the USCIS.
How long may I stay in the United States with a U.S. Non-Immigrant P Visa?
O visas may be granted for up to three years, depending on the period of the event, but may be extended indefinitely. P visas are limited to the period of the event not to exceed one year.
P-1A Visa : Athletes
The P-1A classification applies to athletes whose purpose is to perform a specific athletic competition in the United States, either as individuals or as a part of a group of athletes. In general, athletes who qualify for the P-1A visa have a high level of achievement in a sport. The competition(s) they wish to participate in must have a distinguished reputation and be at an internationally recognized level of performance that requires the participation of international athletes. Coaches of athletes may also qualify for the P-1 category. Here we go into further details:
The P-1A classification applies to any foreign national coming temporarily to the United States solely to perform at a specific athletic competition as:
- An individual athlete at an internationally recognized level of performance;
- Part of a group or team at an internationally recognized level of performance;
- A professional athlete; or
- An amateur athlete or coach, who is part of a team or franchise that is located in the United States and a member of a foreign league or association that meets certain requirements as described below.
The P-1A classification also applies to professional or amateur athletes coming temporarily to the United States solely to perform in a specific theatrical ice skating production or tour, individually or as part of a group.
Certain family members may also accompany the P-1 visa holder as dependents. A P-1 visa holder may be accompanied or followed by spouses and unmarried children who are under 21 years of age. Spouses of P-1 visa holders cannot apply for work authorization.
Internationally Recognized Individual Athletes
Foreign nationals must be coming to the United States to participate in a specific athletic competition in a sport in which foreign national is internationally recognized. A foreign national is internationally recognized if the foreign national has a high level of achievement in a sport, demonstrated by a degree of skill and recognition substantially above that ordinarily encountered. A foreign national’s achievement must be renowned, leading, or well-known in more than one country. The competition(s) foreign nationals wish to participate in must have a distinguished reputation and require the participation of internationally recognized athletes.
Internationally Recognized Athletic Teams
A foreign national must be coming to the United States to participate in an athletic competition with a team that, as a unit, has achieved international recognition in the sport. The athletic team as a unit must be internationally recognized as outstanding and must be coming to perform services that require an internationally recognized athletic team. The competition in which a foreign national team is participating must have a distinguished reputation and require the participation of internationally recognized athletic teams.
Professional Athletes
Foreign nationals must be coming to the United States to be employed as an athlete by:
- A team that is a member of an association of six or more professional sports teams whose total combined revenues exceed $10 million per year. The association must govern the conduct of its members and regulate the contests and exhibitions in which its member teams regularly engage; or
- Any minor league team that is affiliated with such an association.
Amateur Athletes or Coaches
A foreign national must be coming to the United States to perform as an athlete or coach as part of a team or franchise that is located in the United States and a member of a foreign league or association. The foreign league or association must meet the following requirements:
- The league or association must consist of 15 or more amateur sports teams;
- Participation in the league must make players temporarily or permanently ineligible under National Collegiate Athletic Association rules to:
- Earn a scholarship in the sport at a U.S. college or university; or
- Participate in the sport at a U.S. college or university;
- The league or association must be the highest level of amateur performance of that sport in the relevant foreign country; and
- A significant number of the individuals who play in the league or association are drafted by a major sports league or a minor league affiliate.
Theatrical Ice Skaters
Foreign nationals must be coming to the United States to participate in a specific theatrical ice skating production or tour as a professional or amateur athlete who performs individually or as part of a group.
Essential support personnel
Essential support personnel are eligible for P-1S classification if they are an integral part of the performance of a P-1A non-immigrant and perform support services that cannot be readily performed by a U.S. worker. Support personnel may include coaches, scouts, trainers, broadcasters, referees, linesmen, umpires, and interpreters.
The petitioner must file a separate petition for essential support personnel. The petition must include the following documents:
- A consultation from an appropriate labor organization with expertise in the area of the essential support person’s skill;
- A statement describing the essential support person’s prior and current essentiality, critical skills, and experience with the P-1A athlete or team (unless coming to work in a Major League Sport); and
- A copy of a written contract between the employer and the essential support personnel or a summary of the terms of the oral agreement under which the essential support personnel will be employed.
P-2 Visa: Individual Performer or Part of a Group Entering to Perform Under a Reciprocal Exchange Program
The P-2 classification applies to you if you are coming temporarily to perform as an artist or entertainer, individually or as part of a group, who will perform under a reciprocal exchange program between an organization in the United States and an organization in another country.
For more information, see Volume 2, Part N of the USCIS Policy Manual.
Eligibility Criteria
You must be an artist entering the United States through a government-recognized reciprocal exchange program. At the present time, five P-2 reciprocal agreements have been negotiated between the following organizations:
- The American Federation of Musicians (U.S.) and the American Federation of Musicians (Canada);
- Actor’s Equity Association (U.S.) and the Canadian Actors’ Equity Association;
- Actor’s Equity Association (U.S.) and the British Actors’ Equity Association;
- The International Council of Air Shows and the Canadian Air Show Association.
- The Alliance of Canadian Cinema Television and Radio Artists (ACTRA) and the Screen Actor Guild – American Federation of Television and Radio Artists (SAG-AFTRA).
If a reciprocal agreement is submitted other than these five, USCIS will review the agreement to determine if the agreement adheres to the regulatory standard.
In addition, you must possess skills comparable to those of the United States artists and entertainers taking part in the program outside the United States.
Application Process
For you to qualify for a P-2 Visa, a sponsoring labor organization in the United States, or your U.S. employer must file Form I-129, Petition for a Non-Immigrant Worker. For more information about Form 129, see the “Form I-129, Petition for a Nonimmigrant Worker” page.
Please note that a petitioner who will be filing as an agent for multiple employers must establish that it is duly authorized to act as an agent. The required conditions can be found in the memorandum “Requirements for Agents and Sponsors Filing as Petitioners for the O and P Visa Classifications.”
Supporting Documents
The Form I-129 must include the following documents:
- 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 that 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
- 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.
Note: If the events or performances will take place in multiple areas, an itinerary must be submitted. The itinerary must list the dates and locations of the events.
Applying for a Visa at a U.S. Embassy or Consulate
Once the visa petition is approved, you can apply at a U.S. embassy or consulate. For more information on visa application processing and issuance fees, see the “Department of State’s, travel.state.gov” page.
Period of Stay/Extension of Stay
| Initial Period of Stay | Extension of Stay |
|---|---|
| The time needed to complete the event, competition, or performance, not to exceed 1 year | Increments of up to 1 year to continue or complete the event, competition, or performance. |
Form I-129 is used to apply for a change of status, extension of stay or change of employment.
For more information see the “Extend Your Stay” and “Change my Status” pages.
Change of Employer
You may change employers, but only after your new employer has filed a new Form I-129 with USCIS requesting permission to employ you and extend your stay. You may not commence employment with the new employer until the Form I-129 has been approved.
Family of P-2 Visa Holders
Your spouse and unmarried children under the age of 21 may obtain P-4 status. Your dependents may not engage in employment but may attend school or college.
Essential Support Personnel
Essential support personnel who are an integral part of the performance of a P-2 artist or entertainer and who perform support services that cannot be readily performed by a U.S. worker are eligible for P-2 classification. Support personnel may include stagehands, trainers, or those persons having critical knowledge of the specific services to be performed.
The U.S. employer must file a separate Form I-129 for support personnel. The petition must include the following documents:
- Consultation from an appropriate labor organization
- Statement describing the support person’s prior and current essentially, critical skills and experience with the P-2 artist or entertainer
- 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.
P-3 Artist or Entertainer Coming to Be Part of a Culturally Unique Program
The P-3 classification applies to you if you are coming temporarily to perform, teach or coach as artists or entertainers, individually or as part of a group, under a program that is culturally unique.
For more information, see Volume 2, Part N of the USCIS Policy Manual.
Eligibility Criteria
For a P-3 visa, you must be coming to the United States either individually or as a group to develop, interpret, represent, coaching, or teach a unique or traditional ethnic, folk, cultural, musical, theatrical, or artistic performance or presentation. In addition, you must be coming to the United States to participate in a cultural event or event that will further the understanding or development of your art form. The program may be of a commercial or noncommercial nature.
Application Process
Your U.S. employer, agent, or sponsoring organization must submit Form I-129, Petition for a Non-Immigrant Worker. For more information about the Form I-129, see the Form 1-129, Petition for Nonimmigrant Worker page.
Please note that a petitioner who will be filing as an agent for multiple employers must establish that it is duly authorized to act as an agent. The required conditions can be found in the memorandum Requirements for Agents and Sponsors Filing as Petitioners for the O and P Visa Classifications.
Supporting Documents
Your Form I-129 must include the following documents:
- Written consultation from an appropriate labor organization
- A copy of the contract between the petitioner and the beneficiary or the summary of the terms of an oral agreement between the petitioner and the beneficiary
- An explanation of the event and itinerary
- Affidavits, testimonials or letters from recognized experts attesting to the authenticity of your or your group’s skills in performing, presenting, coaching, or teaching the unique and traditional art forms and giving the credentials of the expert including the basis of his or her knowledge of your or your group’s skills; OR documentation that your or your group’s performance is culturally unique as evidenced by reviews in newspapers, journals or other published materials.
- Documentation that all of the performances or presentations will be culturally unique events
Note: If the events or performances will take place in multiple areas, an itinerary must be submitted. The itinerary must list the dates and locations of the events.
| Initial Period of Stay | Extension of Stay |
|---|---|
| Time needed to complete the event, activity or performance, not to exceed 1 year | Increments of up to 1 year in order to continue or complete the event, activity or performance. |
The Form I-129 is used to apply for a change of status, extension of stay or change of employment.
For more information see the Extend Your Stay and Change my Nonimmigrant Status pages.
Change of Employer
You may change employers, but only after your new employer has filed a new Form I-129 with USCIS requesting permission to employ you and extend your stay. You may not commence employment with the new employer until the Form I-129 has been approved.
Family of P-3 Visa Holders
Your spouse and unmarried children under the age of 21 may obtain P-4 status. Your dependents may not engage in employment but may attend school or college.
Essential Support Personnel
Essential support personnel who are an integral part of the performance of a P-3 artist or entertainer and who perform support services that cannot be readily performed by a U.S. worker are eligible for P-3 classification. Support personnel may include coaches, scouts, trainers, and other team officials and referees.
The U.S. employer must file a separate Form I-129 for support personnel. The petition must include the following documents:
- A consultation from an appropriate labor organization
- A statement describing the support person’s prior and current essentially, critical skills, and experience with the 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