P-1 - PERFORMING ARTISTS & ATHLETES

Definition

P-1 (athletes and entertainers), P-2 (reciprocal exchange performers) and P-3 (culturally unique performers) visas are issued for the purpose of allowing the performer to enter the United States to compete or perform for a temporary time period.

Duration

The P-1 may be granted for up to five years with extensions not to exceed an total stay of ten years.

The P-2 is admitted only for the time period to complete the performance and is barred from reentering the United States for ninety days after the most recent admission.

The P-3 is admitted only for the time period to complete the performance and is barred from reentering the United States for ninety days after the most recent admission.

ADVANTAGES

Permitted To Work In U.S.

P visa holders are allowed to enter the United States and perform for payment or prize money. The compensation for the performance may be U.S. based or foreign based.

No Labor Certification

The P visa can be issued without seeking a labor attestation or labor certification, as in the case of the H visas. Certain P visa classifications do require an advisory opinion from the appropriate labor organization, however.

REQUIREMENTS

P-1 Athletes

Athletes must demonstrate competition individually or as a team member at an internationally recognized level of performance.

P-1 Entertainers

Entertainers must be part of a group that has received international recognition as outstanding for a sustained and substantial time period. The entertainers must also have been a member of the group for at least one year and provide integral functions to the group's performance.

P-2 Exchange Performers

P-2 performers must participate through a reciprocal exchange program between a United States and a foreign based organizations which exchange artists and entertainers. The performers must serve an integral part in the performance.

P-3 Culturally Unique Performers

P-3 artists and entertainers must be performing in a program that is culturally unique.

LIMITATIONS

Individuals Not Included

P-1 entertainers (though not athletes) must be performing as part of a group and not individually.

Consultation Required

P-1 and P-3 visa petitions cannot be approved until the appropriate labor organization is consulted by the Immigration & Naturalization Service.

Reciprocity

P-2 programs must be reciprocal in nature