P-3 Visas: Culturally Unique Artists and Entertainers

Size: px

Start display at page:

Download "P-3 Visas: Culturally Unique Artists and Entertainers"

Robyn O’Neal’
5 years ago
Views:

1 Artists & Entertainers General. Under section 101(a)(15)(P) of the Act, an alien having a residence in a foreign country which he or she has no intention of abandoning may be authorized to come to the United States temporarily to perform services for an employer or a sponsor. Under this nonimmigrant category, the alien may be classified under section 101(a)(15)(P)(i) of the Act as an alien who is coming to the United States to perform services as an internationally recognized athlete, individually or as part of a group or team, or member of an internationally recognized entertainment group; under section 101(a)(15)(P)(ii) of the Act, who is coming to perform as an artist or entertainer under a reciprocal exchange program; under section 101(a)(15)(P)(iii) of the Act, as an alien who is coming solely to perform, teach, or coach under a program that is culturally unique; or under section 101(a)(15)(P)(iv) of the Act, as the spouse or child of an alien described in section 101(a)(15)(P)(i), (ii), or (iii) of the Act who is accompanying or following to join the alien. These classifications are called P-1, P-2, P-3, and P-4 respectively. The employer or sponsor must file a petition with the Service for review of the services to be performed and for determination of the alien's eligibility for P-1, P-2, or P-3 classification before the alien may apply for a visa or seek admission to the United States. This paragraph sets forth the standards and procedures applicable to these classifications. P-3 Visas: Culturally Unique Artists and Entertainers P3 visa allows the artists or entertainers, individually or as a group, to come to the US to develop, interpret, represent, coach or teach a unique or traditional artistic, cultural, ethnic, folk, musical or theatrical performance or presentation. Culturally unique has been defined as a style or artistic expression methodology, or medium which is unique to a particular country, nation, society, class ethnicity, religion, tribe, or other group of persons. P3 visa allows the holder to participate in cultural event (s) that will further the understanding or development of his/ her art form. The program can be commercial or noncommercial in nature. Support personnel of P3 visa holder can also apply for P3 visa. P3 visa petition must be filed by the sponsoring organization or a US employer. Petition for an artist or entertainer is valid for the duration needed to complete the event, activity, or performance, but may not exceed 1 year.

2 1. Documents for petition The following specific documents must be submitted when applying for a P3 visa: Evidence of cultural uniqueness of all the performances or presentations by the artist or entertainer. Evidence can be provided by presenting the reviews in newspapers, journals or other published materials. Affidavits, testimonials, or letters from recognized experts attesting to the authenticity of the individual s or the groups skills in performing, presenting, coaching or teaching the unique or traditional art form. Copy of a written contract between the petitioner and the alien. If there is no written contract, a thorough description of their oral agreement or a summary of the terms and agreement. A written advisory opinion from an appropriate labor organization. Such opinion is not binding on US immigration, but will be given considerable weight. Duration (the start and the end dates) of the events or activities. Description of the nature of the events the P-visa holder will participate in or the activities he/she will perform. 2. General Notes P visa can t be filed more than 6 months in advance before the actual need for the P workers services. Petition must include as itinerary with the dates and locations of the performances, if the P visa worker will perform services in more than one location. If the P visa worker, within the same time period, will perform services for more than 1 employer, each employer must file a separate petition, unless an agent files the petition.

3 Beneficiaries may be substituted in approved P1, P2 and P3 petitions for groups. It is possible to include more than one beneficiary in a P visa petition if they are members of a group seeking classification based on the reputation of the group as an entity, or if they will provide essential support to P1, P2 and P3 visa holders. If P1 visa athlete is traded from one organization to another, employment authorization for the athlete will automatically continue for 30 days after acquisition by the new organization, and the new organization is expected to file a new petition within that time frame. If there are any changes in the terms and conditions in the employment for a P visa worker that may affect the eligibility for a P visa, an amended petition must be filed. If a P visa workers would like to change the employer/sponsor, the new employer/sponsor must file both a new petition and a request to extend the P visa workers authorized stay in the US. P visa worker may not start working for the new employer until the petition and the extension has been approved. 3. Written Advisory Opinion-Labor Unions The petitioner (employer or sponsoring organization) must get a written advisory opinion from an appropriate labor organization regarding the beneficiary s qualifications and the nature of work to be performed. Such advisory opinion must be submitted along with the petition for P visa. Exception: if a petition merits expeditious handling, USCIS itself may request a written advisory opinion from an appropriate organization. Requirements for the advisory opinion depends upon the type of P visa being petition for: P-1 Athletes and Entertainment Groups: Consultation must be made with a labor organization that has expertise in the area of the sport or entertainment field.

4 Favorable: it should evaluate and/or describe the athletes or group achievements and ability, comment on any international recognition, and state whether the services to be provided are appropriate for an internationally recognized athlete or entertainment group. Alternatively, if a labor organization has no objection to the approval of petition, they may submit a letter of no objection. P-1 Circus Personnel: Advisory opinion must comment on whether the circus has national recognition. Alternatively, if a labor organization has no objection to the approval of petition, they may submit a letter of no objection. P-2 Artists and entertainers in Exchange programs: Advisory opinion must verify the existence of a variable exchange program and must comment on the bona fides of the exchange program. P-3 culturally unique artists and Entertainers: Favorable: it should evaluate the cultural uniqueness of the individual s skills; state whether the events are cultural in nature, and state whether the events activity is appropriate for P-3 visa classification. Alternatively, if a labor organization that has an approval of petition, they may submit a letter of no objection. Essential Support Personnel: Consultation must be made with a labor organization that has an expertise in the skill area involved. Favorable; it must evaluate whether such an individual is essential, whether he/she working relationship with the athlete or entertainer, and state whether US workers are available who can perform similar support services.

5 Alternatively, is a labor organization has no objection to the approval of petition, they may submit a letter of no objection. 4. Documents for Consulate Processing The following documents have to be taken when going to the US consulate for a P visa: a. Passport b. One photograph c. DS-156, nonimmigrant visa application form. d. DS-157, supplement no immigrant visa applications form. e. Visa fees- application fee and service charge to be paid in advance at participating HDFC bank with two bar code stickers to be carried to the consulate at the time of interview. f. Interview appointment letter. Supporting documents: Primary Applicant: Original Form I-797 Notice of Action Original Form I-129, Petition for Nonimmigrant Worker Evidence in the form of newspaper articles and photographs, or earlier performance outside the home country Spouse/ dependent children Original Form I-797, Notice of Action of the principal applicant. Photocopy of the principal applicant valid visa, if applying separately. Original marriage certificate for spouse along with entire wedding photo album. ( make sure that the groom and the bride are easily identified in the photographs. It is important to have specific photographs showing important parts of the marriage ceremony, e.g; for Hindu marriage, putting sindoor in bride s maang, putting mangalsutra around brides neck, rounds around the fire etc. Original birth certificates for each child. Wedding invitation card. All 36 pages of the principal applicant s passport (if not applying with principal applicant). If a copy of the passport is submitted, it should be a good copy and the photo must be clearly identifiable.

6 Travelling to the US If the P visa is granted, the P visa worker may travel to the US and may be admitted to the US by an immigration officer at the US port of entry. P visa worker may be admitted to the US for the validity period of the petition. P visa holder can enter the US up to 10 days before the validity period and stay for 10 additional days beyond the validity period. However, the P visa worker can engage in employment only during the validity period.

Sec (p) Artists, athletes, and entertainers.--

Sec (p) Artists, athletes, and entertainers.-- Sec. 214.2(p) Artists, athletes, and entertainers.-- http://www.uscis.gov/propub/docview/slbid/1/214/369/393 1 of 8 15-Dec-2006 9:56 PM Sec. 214.2(p) Artists, athletes, and entertainers.-- (1) Classifications.--