P visa: non-immigrant visas for artists, entertainers, and athletes
The United States will allow certain foreign nationals to enter the United States temporarily for a specific purpose and on a temporary basis and will issue them nonimmigrant visas. The P-visa categories, P-1, P-2 and P-3, are reserved for those aliens who will be coming to the United States to perform in athletics or entertainment. The category covers alien athletes who compete individually or as part of a team at an “internationally recognized” level and aliens who perform with or, are an integral and essential part of the performance of, an entertainment group that has received international recognition as "outstanding" for a "sustained and substantial period of time."
The P-visas require foreign nationals to enter the country but they must depart the United States once the authorized stay expires. The spouses and children of foreign nationals with a P-visa may enter as accompanying foreign nationals on a P-4 visa. These individuals must obtain employment authorization prior to working.
In order to petition for this visa, one must file an I-129 petition within the 6-month period prior to services at the Vermont Service Center. Moreover, with the application one must provide documentation of contracts, awards, affidavits, expert opinions or similar documentation regarding achievements and recognition.
The P-1 Visa is for individuals of team athletics or members of an entertainment group. An athlete who performs individually or as part of an “internationally recognized” team may be eligible for a P-1 visa. According to the Regulations, “internationally recognized” means a “high level of achievement evidences by a degree of skill and recognition substantially above that ordinarily encountered, to the extent such achievement is renowned, leading or well-known in more than one county.”
Similarly, an entertainer who performs with a group may qualify if he or she has garnered international recognition as someone who is outstanding in the field, and who has had a sustained substantial relationship with the group for at least one year. An entertainment group or athletic team may be as few as two persons.
There are, however, exceptions in certain cases where the government may accept a standard that is lower than international recognition. A group that is nationally recognized for a sustained and substantial period of time may obtain a waiver if there are special circumstances. For instance, circus performers and personnel are exempt from the international recognition and one-year requirements if the circus in which they perform can establish that it has national recognition.
Please note that individual entertainers are ineligible in receiving the P-visa if performing separate and apart from the group. These entertainers must instead obtain an O-1 visa.
P-1 athletes may be admitted for a period of up to 5 years with one extension up to 5 years. A petition for a P-1 athletic team and a P-1 entertainment group may not exceed one year. Also note, the spouse and children may only be admitted for the same period as the principal.
The P-2 Visa is for artists and entertainers in reciprocal exchange programs. If an artist or entertainer is participating in a reciprocal exchange program between a U.S. organization or organizations and a foreign organization, they may be eligible for a P-2 Visa. The foreign nation must demonstrate that there is a temporary exchange of artists, entertainers, or groups between the U.S. and foreign organizations. This option is available to artists or entertainers who perform individually or as part of a group, or are an integral part of the performance. A petition for a P-2 artist or entertainer may not exceed one year.
The P-3 Visa is for artists and entertainers in culturally unique programs. This category of nonimmigrant visa is available to foreign artists and entertainers who perform individually or as part of a group, or as an integral part of the performance, who participate as a performer, teacher or coach in a culturally unique program. There is no requirement that the group exist before the tour. A petition for a P-3 artist or entertainer may not exceed one year.
In addition, a foreign national who is considered an integral part of the performance may be eligible for a P-1, P-2, or P-3 visa if that person can establish, among other things, that they perform support services that a worker in the United States could not perform, which are deemed to be essential. The foreign national must have the appropriate qualifications to perform the services. Examples of P-1 applicants in this category in the sports context would include coaches, trainers, referees and others.