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P visas are meant for athletes or other entertainment groups who are coming to the United States for an event such as a competition or performance. Family, including children and spouses, as well as other support staff, can also receive P visas.
There are different types of P visas and different lengths for which they are valid. The P-1 visa is meant for known athletes and entertainers and allows individuals or teams to come to the United States temporarily to compete in a competition or perform. P-2 status is meant for individuals or groups in entertainment who are partaking in a reciprocal exchange program, and P-3 status is meant for individuals or groups with culturally unique performances. The families, including the children and spouses, of P visa holders can receive P-4 visas, which allows them to attend school, although they are not allowed to work. P visas may be valid from the length of the event and up to five years, depending on the type of visa. They may also be extended.
A single P application may apply to multiple individuals, although, applications for support staff must be filed separately from the primary applicants. The petition for P visas must be filed by an employer, agent, sponsor organization, or labor organization in the United States. P visas may be filed up to a year in advance. P applications are filed through the United States Citizenship and Immigration Services (USCIS) under all circumstances. There is also no limit on the number of P visas that may be issued annually.
The requirements for P visas depend on the type of P visa. On top of the specifications for each visa, a specific event that requires the individual’s participation, a schedule of activities, an advisory opinion from a labor organization, and an employment contract are generally required in order to qualify.
In order to qualify for a P visa, there must be a competition, performance, tour, or other types of events that the P status individual will partake in. Such events include sports seasons, competitions, tournaments, projects, exhibits, tours, and other engagements. These events may include separate activities such as short vacations, stopovers, or promotional appearances. The duration of the event should be provided in a contract, defined as a written agreement between the beneficiary and the employer, which should also describe the details of employment (dates, pay, employment requirements). Guest appearances, promotional appearances, or non-performing experiences do not count as events alone for the sake of P visas.
Specific types of P-1 visas (for athletic groups, entertainment groups, and individual entertainers), P-2 visas, and P-3 visas, including those of support staff, are only valid for the duration of the event or for 1 year (whichever is shorter). Even if the itinerary schedule is longer than a year, the most time that can be granted is 1 year. Likewise, if the petitioner requests more time than the itinerary shows to be necessary, only the time required on the itinerary will be granted.
There are various types of petitioners that can be used when applying for a P visa, though some types of P visas may require a specific type of petitioner. Petitioners for P-1 visas may include a United States employer, a United States sponsoring organization, and a United States agent. A foreign employee may also use a United States agent to apply. Petitioners for P-2 visas include a United States employer, the United States labor organization (which agreed upon the terms of the exchange), or the United States sponsoring organization. Finally, petitioners for P-3 visas can be the United States employer or the United States sponsoring organization. Each employer of a single individual will need to file a petition.
A United States employer can be defined as a business entity that has an existing address and proof of ongoing business (such as a business license). A sponsoring organization is not the direct employer of the individual but takes responsibility for providing accurate information on the terms and conditions of employment on the petition. A foreign employer can be defined as an entity that is not subject to the processes of the United States. They may not petition themselves, but petition through a United States agent.
Individuals who are considered to be self-employed or who use agents to arrange their engagements as well as foreign employers must use a United States agent for their P-1 petition. Agents can be the foreign national’s actual employer, a representative of the foreign national and the employer, or an individual or entity that is authorized by the employer. Agents can be a company or business, they do not need to be a single individual. The agent must establish that they are authorized to file the petition on behalf of the employer, so it is best to have a document with information of all parties where this is clearly stated and agreed to. There are also specific requirements for agent petitions; they must include the details of employment on the contract (including wage) and the schedule of events, including employment and other activities, throughout the time requested. If the agent is working with an individual or a group who has multiple employers over a span of time, the agent must be a representative of all parties. Ultimately, it is critical that the agent has a copy of the contract for the petition.
Individuals with P-1A status must be athletes (single or a team), or a group of performers who are internationally known for their work, meaning they are greatly achieved in their field. This definition is similar to that used for the O-1 visa in the arts. To qualify as a professional athlete, individuals must be one of the following:
Here, a team is a group of at least two individuals who work together to compete at events. The athletes or performers must only intend to remain in the United States for the duration of the event. Documentation for the petition should include details on the event and the work contract. If the event is a competition, it must be distinguished and require such athletes to attend. In some cases, it may be better to file a petition for each athlete or performer individually rather than as a group, so if an athlete changes teams the athlete will still be authorized to work. However, if each team member is not internationally known, it may be better to file as a group.
While typically coaches are not considered to qualify for P-1 visas, under the Creating Opportunities for Minor League Professionals, Entertainers, and Teams Through Legal Entry (COMPETE) Act they may. Under this act, coaches may qualify for P-1 visas if they fit the third requirement of athletes listed above.
There are many supporting documents that are necessary when submitting a P-1 petition. One is the contract, which must be tendered with a major United States sports team or league. Alternatively, it may be tendered with international commensurate that is recognized for the specific sport. Next, there must be documentation showing that the individual or team is internationally known. At least two documents are required, including proof of competition participation on a national team, participation in a United States major sports league, a statement that provides information on how the individual or team are known internationally from a sports expert or member of the government, individual or team rankings, and any honors or awards.
A P-1B visa may also be issued for groups in the arts sector, including visual, fine, and performing arts who are an integral part of a performance or group that has long been internationally established and have been working together as a group for more than a year. Entertainment group refers to at least two individuals who perform as one established entity. The petition should include documentation differentiating between the people who are performers and supporting staff, providing evidence that the individual performers are part of one group for performance reasons. The group can include United States citizens. The entertainment group must have existed for a minimum of a year, and at the least, 75% of the individuals within the group must have performed for a minimum of a year with the group. This is known as the 75% rule. While in the United States, the group may perform services that specifically require an internationally known group, thus, it is not important for every single member of the group to be internationally known. Groups who fit these requirements will be issued a P-1B visa.
The petitioner must be sure to include supporting evidence in the petition specific for the group in the arts. To prove that the group is established internationally, the petitioner must submit three documents such as contracts or publications documenting the group’s distinguished performances, critical reviews in newspapers or other published sources that document the group’s performances, evidence of commercial success, evidence of high salary, and recognition by important officials (government, organizations, or other experts). Proof of the 75% rule is also required.
There are three exceptions to these requirements. The first is that national recognition for a long period of time may be enough under certain circumstances in place of international recognition. The second exception is that members who have been with the group for less than a year qualify for P-1 visas if the 75% rule is satisfied. Finally, circus performers and groups do not have to meet the 1-year requirement or the international recognition requirement.
P-2 visas are meant for entertainers and artists who are engaged in a reciprocal exchange program as either individuals or as a group. The qualifying exchange programs, which must be between one or more organization in the United States and one or more organization abroad, include the American Federation of Musicians in the United States and the American Federation of Musicians in Canada, the Actor’s Equity Association in the United States and the Canadian Actors’ Equity Association in Canada, The Actor’s Equity Association in the United States and the British Actor’s Equity Association in the United Kingdom, and the International Council of Air Shows and the Canadian Airshow Association. Other programs that offer the temporary exchange of artists or entertainers may also be approved as long as they meet the above requirements, and if the artists are of a similar level and the employment details are similar.
P-2 petitions should have supplementary documentation including a copy of the exchange agreement, the sponsor organization’s statement detailing the exchange, proof that a United States labor organization helped negotiate the exchange, and proof that the exchange artists and entertainers have similar levels of skill and similar employment agreements.
P-3 visas are meant for artists and entertainers, alone or in groups, who will teach or perform in a program that is culturally unique, meaning, the form of expression is unique to a specific country, region, group, etc. In the case of P-3 visas, culturally unique is frequently viewed as being something that is unique to the home country of the foreign national. The purpose of stay for this visa is to not only teach or perform the culturally unique performance or presentation but to also attend events meant to further understanding and development of the form. There are no requirements for how long a group has to be together before applying for a P-3 visa. Likewise, commercial programs are allowed as long as an educational, cultural, or governmental agency mostly sponsors performances. Evidence to prove that the artists or entertainers perform a culturally unique form must explain why the form is unique and should have supporting documentation from experts.
P-3 petitions should include supporting documentation such as statements from experts on the cultural form that detail their own credentials as well as the authenticity of the performance and skills of the individual or group, evidence from newspapers or publications that detail the culturally unique performance, and proof that performances will be culturally unique.
P-4 visas are for the family, including the children and spouse, of the P visa holder. While P-4 dependents are not authorized to work while in the United States unless they can receive employment authorization through a separate status, they can study either part-time or full-time.
A few other supporting documents are required for P visas, including evidence of the specific P classification, copies of contracts, detailed description and itinerary of events, and a consultation from a labor organization highly involved in the specific field of athletics or entertainment (this is a written out document explaining work requirements and the foreign national’s qualifications). P petitions may be denied if one of these documents is not provided.
As mentioned above, essential support staff, defined as skilled individuals who are essential for the performance of a P visa holder and cannot be replaced by an individual in the United States, may also travel to the United States with P visas. P-1 athlete support staff can include coaches, trainers, and referees. For entertainment groups, support staff can include managers, sound engineers, and other performance technician personnel. Supporting documentation for support staff includes both a consultation and statement from a labor organization, a statement explaining why the support staff is essential, and a copy of the contract.
Any P status individual must intend to stay in the United States on a temporary basis. However, applying for permanent residence while following the restrictions of P status is allowed, unless the individual with P status is considered to be support staff.
It is possible to apply for extensions if the athlete or entertainer is needed for the same event or activity from the original application and if P status is still valid. The individual must be in the United States when the extension is filed. P-1 individual athletes and their support staff can receive extensions of up to 5 years but may stay in the United States no longer than 10 years. However, they can apply for a new P-1 visa after 10 years, but they must leave the United States beforehand. P-1 entertainment groups, P-2, and P-3 holders can only receive extensions of 1 year.
Ongoing labor disputes may cause problems with the visa petition or visa once it has been approved. If there is an ongoing labor dispute in the same area of employment as the P individual that the Secretary of Labor has certified, the P petition may be denied, or if already approved, suspended.
The employer also faces specific requirements if the foreign national is terminated from their position. If employment is terminated by any reason other than voluntarily by the P status holder, the employer (and petitioner, if they are not the same) are responsible for paying for the cost of transportation for the P status holder to return home.
Employers and foreign nationals should also be aware of the requirements regarding a change in employment. If the terms of employment change or the eligibility of an individual changes, an amended P petition must be filed. If more events or performances are added during the period in which P status is valid, an amended form does not need to be filed. If an individual changes employers, typically the employer will file a change of employer petition. Until it is approved, the individual is not allowed to work. For P-1 athletes who may have changed teams or been traded to a new team, they may work for 30 days after the change, during which the new employer is expected to file a change of employer petition.
There are many steps that must be taken in order for an individual to successfully receive a P visa. These include both steps that the employer and petitioner must take as well as steps that the foreign national must take.
To begin, a P petition must be put together and filed with the United States Citizenship and Immigration Services (USCIS). This is typically done by the employer or anyone else they may have granted authorization to. Each document in the petition should include original signatures. The petition must include a cover letter, a G-28 form, or, Notice of Entry of Appearance as Attorney or Accredited Representative, an I-907 form, or, Request for Premium Processing (optional), I-129 form, or, Petition for a Nonimmigrant Worker, P classifications supplement for the I-129 form, a support statement from a United States company, and an index of exhibits. Petitioners should make sure to include as much information as possible when putting the petition together to prevent it from being denied and the process delayed.
First, the G-28 form should be filled out and should be printed on blue paper if possible. If the petition is just to receive P status, the employer’s information should be filled out for questions 5 through 12. However, if the petition is for a change of status or an extension and the individual and employer are represented by the same attorney, two different G-28 forms should be filled out, and the P status holder’s information should be filled out in questions 5 through 12 in one copy.
Next, form I-129 should be completed. Part 1 includes information on the employer such as the address, contact information, and more. Part 2 asks for specifics on why the petition is being filed. In parts 3 and 4, information about the foreign national should be filled out including their name, passport information, and I-94 information if they are currently in the United States. Details on the applicant’s employment should be included in parts 5 and 7. Part 6 does not need to be completed for P petitions. Finally, the practitioner and the petitioner’s representative must sign the completed form.
The P supplement is the next part of the petition. The supplement should include names and the number of beneficiaries as well as indicate their desired P status. The petitioner must detail the events and activities that will take place while in P status, and if for support staff, the petitioner must include details on the support staff’s previous employment with the P status holder. If necessary, the P supplement should end with an advisory opinion from a labor organization. Names should be the same as they are on passports, and the petitioner should be sure to check for any mistakes. On the second page of the P supplement, the petitioner should include information on other beneficiaries.
The petitioner may now move onto the support statement which should present proof of the foreign national’s eligibility for P status. The support statement should be on the proper letterhead and signed by the representative of the United States company. The support statement may include an introduction, petitioner details, details on the employment (including the events and role of the foreign national), details on the foreign national’s experience and background (including achievements), and a conclusion.
Finally, the petitioner may complete the index of exhibits, an organized collection of documents, often with tabs for each regulation, offering proof of P requirements. The same document can be used in multiple sections if necessary.
If the petitioner wishes for the petition processing to be expedited, they must file an I-907, or, Request for Premium Processing Service and pay the required fee of $1,225. If filed, the processing time for the petition will be within 15 days. The I-907 form can be filed with the petition or after the petition has been sent if it is filed with the petition’s receipt notice.
Expedited processing can also be requested without having to pay for premium processing. In this case, the petitioner must write the performance date in large red letters on the front of the petition. The petitioner must also include an explanation detailing why the request is necessary and why the petition could not have been filed earlier than it was.
If the petition is approved, the attorney or representative, as well as the company representative will receive an approval notice from the United States Citizenship and Immigration Services (USCIS). Petitions may also be denied, in some cases even without requests for evidence (RFE). If a petition is denied, appeals can be made to the Administrative Appeals Office (AAO).
Once all the documents for the petition have been completed, the petitioner must file the petition with the United States Citizenship and Immigration Services (USCIS) (AILA 31-4). Two copies of the petition should be filed with original signatures and sent to the United States Citizenship and Immigration Services (USCIS) service center that holds jurisdiction over the place of employment. If the events and activities of the P visa will take place in more than one location, the petition should be filed at the service center of the state in which the petitioner is based. The second copy of the petition will be sent to the United States consulate where the applicant plans to apply for the P visa.
Once the visa petition has been approved, the foreign national may begin to apply for the P visa. Applicants should be sure to check with their consulate before beginning the process as documents and requirements differ by location. Foreign nationals can apply for the visa up to 90 days before the visa would become valid. However, consular officers are often flexible with athletes and entertainers as their schedules may change drastically and sporadically due to illness or injury, thus, also accommodating the applicants through expediting procedures.
Applicants must complete the DS-160 form, or, the Online Nonimmigrant Visa Application and pay the required fee. They must also upload their own photo. Once the application has been submitted, the applicant must schedule an interview with their consulate. Applicants should keep in mind that they may need to pay the reciprocity or issuance fee when their visa is approved, depending on their home country.
It may take varying amounts of time to schedule an interview depending on the location, type of visa, and time of year so it is best to begin this process as early as possible. Individuals must bring the printed confirmation page of the DS-160 form, a copy of the receipt for the application fee, their own photograph, their passport, and the receipt number from their I-129 form. Also for the interview, individuals may need to bring the original I-797 form, or, the notice of action from the United States Citizenship and Immigration Services (USCIS), a statement from the petitioner (if the application is for a change of status), a certified P petition, proof of the applicant’s intent to return home after the end of their status, and proof of familial relationships, financial support, or if applicable the I-94 card and visa of the P visa holder (if the applicant is applying for a P-4 dependent visa). Some consulates may require different documentation, so it is important that applicants check with their own consulate before applying for their visa and attending their interview. The processing time following the interview may vary, and some applications may need additional processing.
Individuals with P status have a grace period of 10 days before their petition begins and after the petition ends. Thus, they may enter the United States up to 10 days before their petition start date and remain in the United States for up to 10 days after their petition end date. On arrival, the individual will receive a passport stamp that is valid until the end of their petition. In some cases, the visa may be valid for a shorter period of time than on the petition which the individual must be aware of. Copies of I-94 cards which are also given at the time of arrival by land should be requested in order to make sure all of the information is correct.
There are many documents required for the P visa that petitioners and applicants must keep in mind, some specific to the P petition and others for the visa application. Applicants should be aware that depending on their consulate, required documentation may change. Applicants should always check with their consulate before beginning the application process in order to ensure that they are including everything that may be needed.
Documents required for the petition:
Documents required for the visa application and interview:
As with most visas, the processing timeline for P visa applications greatly varies depending on a few factors. Typically, the process can take anywhere from 1 to 4 months. However, depending on the processing times of individual consulates (varied by the location, type of visa, and time of year) as well as any potential mishaps in the process including petition denial, a request for more information, or other additional processing, it is hard to estimate an exact period of time. Petitioners may apply for expedited processing with an I-907 form and by paying the $1,225 fee, though this choice is obviously costly. Thus, it is beneficial to apply for the P visa as early as possible (up to a year before) in order to ensure that the process is completed by the time the applicant will need to enter the United States.
There are many fees that come along with applying for a P visa that all parties should be aware of. While some are required to file for the visa, others are optional.
Base Total: $650
While P visas are meant for athletes and entertainers, both individually or in groups, O visas are meant for individuals in the arts, sciences, education, business, or athletics with extraordinary ability. They must be at the top of their field and be coming to work in the United States on a temporary basis in contrast to P visa holders that are coming to the United States for a particular event. The O visa includes many more fields of work than the P visa. While also requiring a petition, O visas also require different documents for the petition and application. They are valid for three years and may be extended. Since individual entertainers cannot apply for a P-1B visa, they may apply for an O visa which would allow them to come work in the United States individually
Yes, multiple beneficiaries may be on a single petition. However, the P status holders (athletes and entertainers) may not be on the same petition as the support staff. Thus, different petitions will need to be filed for these different groups.
Yes, individuals with P visas may study part-time or full-time while in the United States. Their dependents, including spouses and children, may study as well.
Individuals with P visas may apply to become permanent residents of the United States. If the individual currently holds a P-1 visa, they will most likely be successful with an EB-1 visa petition. Despite the requirement of temporary stay, P visa holders may exercise dual intent and work towards achieving a permanent residence status. It should be noted that dual intent is not allowed for all types of visas. EB-1 petitions may be approved even if a P-1 petition was denied, but holding P-1 status may strengthen the EB-1 petition. However, applying for permanent residence if you are a support staff member is much more difficult due to limited numbers of qualifying visas, long processing times, as well as the limited timeframe their current P status allows for them to remain in the United States.
Yes, if your visa and status are valid, there are no restrictions on travel.