P Visa for Artists, Athletes & Entertainers

If you wish to work in the United States as an overseas national, you’ll need a nonimmigrant work visa. It’s not possible to work on either a visitor or business visa, or under the Visa Waiver Program, even if you’re an internationally known athlete, entertainer or artist. This means that you’ll need a P visa for the purposes of participating in an event or performing at a venue in the United States, regardless of whether you’re a professional or an amateur. You’ll also need a P visa as essential support personnel to an athlete, entertainer or artist.

In this guide to the P visa, we explain what each of the categories are, the rules and requirements, the application process and processing times, whether a P visa can be extended, and whether or not this type of visa can lead to permanent residency.

 

What are the P visa categories?

There are various P visa categories which, in broad terms, are aimed at internationally recognised athletes; members of internationally recognised entertainment groups; individual performers or part of a group entering the US to perform under a reciprocal exchange program; and artists or entertainers coming to be part of a culturally unique program.

These can be further broken down into the following:

• the P-1A visa: if coming to the US solely for the purpose of performing at an athletic competition, either as an individual athlete or team, at an internationally recognised level of performance; as a professional athlete; or as an athlete or coach, as part of a team or franchise located in the US and a member of a foreign league or association. The P-1A classification also applies to both professional or amateur athletes, individually or as part of a group, coming to the US to perform in a specific theatrical ice skating production or tour;
• the P-1B visa: if coming to the US to perform as a member of an entertainment group that’s been established for a minimum of one year and is recognised internationally as outstanding in the relevant discipline for a substantial and sustained period of time. However, individual entertainers not performing as part of a group are not eligible for this visa classification, and would instead need to apply for either a P-2 or P-3 visa, or an 0 visa;
• the P-2 visa: if coming to the US to perform as an artist or entertainer, either individually or as part of a group, under a reciprocal exchange program between an organisation in the United States and an organisation in another country;
• the P-3 visa: if coming to the US to perform, teach or coach as an artist or entertainer, either individually or as part of a group, under a program that is culturally unique;
• the P visa for essential support personnel: if coming to the US as essential support personnel to accompany either a P-1A athlete or P-1A athletic team, or to accompany a P-1B entertainment group, or a P-2 or P-3 artist or entertainer.

 

What are the P visa requirements?

The requirements for a P visa will depend on the category of visa sought and in what capacity.

 

P-1A visa requirements

Under the P-1A visa, there are very specific requirements for each of the sub-categories, including for internationally recognised individual athletes and athletic teams, for professional athletes, for amateur athletes or coaches, and for theatrical ice skaters.

As a recognised individual athlete, to qualify for a P-1A visa, you must be coming to the US to participate in a specific athletic competition in a sport in which you’re internationally recognised. You’ll be classed as ‘internationally recognised’ if you have a high level of sporting achievement, demonstrated by a high degree of skill and recognition substantially above that ordinarily encountered. This achievement must be renowned, leading or well-known in more than one country, and the competition(s) you wish to take part in must have a distinguished reputation and be at an internationally recognised level of performance.

Similarly, for internationally recognised athletic teams, you must be coming to the US to participate in a competition with a team that has achieved international recognition in the sport in question. The competition in which your team is taking part must again have a distinguished reputation and be at an internationally recognised level of performance.

In contrast, as a professional athlete, you must be coming to the US to be employed as an athlete by a team that’s a member of an association of 6 or more professional sports teams whose combined revenue exceeds $10 million per year, or employed by any minor league team affiliated with such an association. For amateur athletes or coaches, you must be performing as part of a team or franchise located in the US and a member of a foreign league or association, where that league or association must meet various strict requirements.

For theatrical ice skaters, you must be coming to the US to participate in a specific theatrical production or tour as a professional or amateur athlete performing individually or as a group.

 

P-1B visa requirements

Under the P-1B visa, at least 75% of the members of your entertainment group must be able to prove a sustained and substantial relationship with that group for at least a period of one year.

The group must also be internationally recognised, having a high level of achievement evidenced by a high degree of skill and recognition substantially above that ordinarily encountered, to the extent that such achievement is renowned, leading or well-known in several countries. It’s the reputation of the group, and not the individual achievements of its’ members, or the acclaim of a particular production, that’s important here.

There are also special provisions for certain entertainment groups, where circus performers and essential circus personnel are exempt from both the ‘one year’ and ‘internationally recognised’ requirements, provided they’re coming to join a nationally recognised circus. Certain nationally-known entertainment groups may also have the ‘internationally recognised’ requirement waived, provided they can establish they’ve been recognised nationally as outstanding in its’ discipline for a sustained amount of time.

 

P-2 visa requirements

Under the P-2 visa, you must be an artist entering the US through a government recognised reciprocal exchange program, where five P-2 reciprocal agreements currently exist, including the Actor’s Equity Association in the United States and the British Actors’ Equity Association.

If a different reciprocal agreement is submitted, USCIS will still review the agreement to determine if it adheres to the regulatory standard. You must also possess skills comparable to those of the artists and entertainers in the US taking part in the program outside the US.

 

P-3 visa requirements

Under the P-3 visa, you must be coming to the US, individually or as part of a group, for the purpose of either developing, interpreting, representing, coaching or teaching a unique or traditional ethnic, folk, cultural, musical, theatrical, or artistic performance or presentation. You must also be coming to the US to participate in a cultural event(s), of either a commercial or noncommercial nature, which will further the understanding or development of your art.

 

P visa essential support personnel requirements

Under each of the P visa classifications, essential support personnel can apply for a visa, provided they can show that they’re an integral part of the performance of a P visa-holder, and who perform support services that cannot be readily performed by a US worker.

Support personnel for a P-1A visa-holder can include coaches, scouts, trainers, broadcasters, referees, linesmen, umpires and interpreters, whilst support personnel for a P-1B worker can include front office personnel, camera operators, lighting technicians and stage personnel. Essential support personnel for either a P-2 or P-3 artist or entertainer can include stagehands, trainers or those with critical knowledge of the specific services to be performed.

 

What is the application process for a P visa?

A P visa is a petition-based visa, where your US sponsor is required to file an employment based petition on your behalf with USCIS using Form I-129. If you use agents to arrange short-term employment with different employers, or you’re traditionally self-employed, an agent may file Form I-129 on your behalf. An agent may also file on behalf of a foreign employer.

The instructions on filing a petition will vary with each visa category. Equally, the documentation to be submitted in support will vary. In most cases, however, your sponsor or agent will need to file a written consultation from an appropriate labor organisation, where one exists, describing the nature of the work to be performed and how the other route-specific requirements have been met. The sponsor or agent must also file copies of any written contracts or summaries of the terms of oral agreements containing the terms of your employment, an explanation of the nature of the events or activities in which you will be participating, and any additional documents required for your specific P visa classification.

Once the petition has been approved by USCIS and you are in possession of either the Notice of Action, Form I-797 or Petition Receipt number, you may apply for your P visa with the US embassy or consulate in your native country. This can be done using online Form DS-160.

Having completed this form, printed the confirmation page and paid the application fee, you’ll usually be required to schedule an in-person appointment. At this appointment, you must attend with a number of additional documents, including the appointment confirmation page, a passport or other travel document, a recent passport-sized colour photograph and the receipt number of the approved petition. Additional documentation may also be required.

The cost of filing an I-129 petition for a P visa is $460, with an additional cost of $2,500 for premium processing. The processing times for petitions for P visas can vary, typically between 2 to 6 months, whereas USCIS is required to approve or deny a petition within 15 calendar days under premium processing. There is also an additional fee of $190 to file Form DS-160.

 

Can a P visa be extended?

The initial grant of stay under a P visa will depend on the category sought. For individual athletes, they will be allowed to stay in the US for up to 5 years. The individual can also apply for an extension, although the maximum stay in the US will be 10 years. In contrast, athletic groups, entertainment groups, individual artists and entertainers, and any essential support personnel, will be granted an initial stay of one year, where any extensions will be granted in increments of one year, limited to completion of the project for which they were admitted.

If the temporary nature of the assignment in the US changes, P visa-holders should seek expert advice immediately to see what options are available to them. P visa-holders should also recognise that this is a nonimmigrant classification of visa, so doesn’t provide a path to permanent residency in the US, although they may be able to apply for adjustment of status.

 

Need assistance?

The P visa application process can quickly become complex for applicants. The immigration guidelines are open to adjudicator discretion and it is essential you have detailed supporting evidence that proves you meet the requirements.

NNU Immigration specialize in US visa and immigration applications and can help you prepare your application and supporting evidence to ensure your case for a P visa or a P visa extension has the best chance of success. For expert advice and guidance with your P visa application, talk to our specialists.

 

P visa FAQs

What is P type visa?

The P type visa includes the P1 visa for internationally recognised athletes, athletic groups or entertainment groups; and the P-2 and P-3 visas for artists and entertainers performing under a reciprocal exchange or culturally unique program.

 

How long do P visas last?

The duration of a P visa will depend on the classification. For individual athletes, a P-1A visa can be granted for up to 5 years, whilst other P visas are typically limited to up to one year.

 

What is P-1 visa USA?

The P-1 visa is aimed at two sets of people, so is therefore divided into two different categories: the P-1A visa for internationally recognised athletes and athletic groups, and the P-1A visa for internationally recognised entertainment groups.

 

What are the 4 types of visas?

The P visa is for internationally recognised athletes and athletic groups (P-1A), entertainment groups (P-1B), and individual or groups of artists and entertainers performing under a reciprocal exchange program (P-2) or culturally unique program (P-3).

This post does not constitute direct legal advice and is for informational purposes only.