NONIMMIGRANT VISAS

Types of Visas

P Visas: Athletes, Artists & Entertainers

Who should apply?

This visa is for athletes and entertainers who are going to the U.S. temporarily to compete or perform.

What types are available?

• P-1 is for an internationally recognized performer who wants to go to the U.S. temporarily to perform
• P-2 is for an person going temporarily to the U.S. to perform as an artist or entertainer, individually or as part of a group, under a reciprocal exchange program between the U.S. and one or more foreign states
• P-3 is for an person going temporarily to the U.S. to perform, teach or coach as an artist or entertainer, individually or as part of a group under a commercial or noncommercial program that is culturally unique
• P-4 is for a spouse/child of a P-1, P-2 or P-3 applicant

P-1 Eligibility

The P-1 Visa applies to a person at an internationally recognized level of performance going temporarily to the U.S.:

• To perform at a specific athletic competition, individually or as part of a group or team; or
• To  perform at a specific entertainment performance as a member of an entertainment group; at least 75% of the members of the group must have had a substantial relationship with the group for  at least one year

Note that individual entertainers not performing as part of a group may not obtain a P-1 Visa and should examine the definitions of the P-2, P-3 or O-1 Visas.

What must you establish as a P Visa applicant?

• You have a residence abroad that you do not intend to abandon
• Your sponsor filed, and the Department of Homeland Security (DHS) has approved, a petition (Form I-129) that requests P status for you, as demonstrated by presentation of the Form I-129 and Form I-797

Spouse & Children

The spouse or children of a performer are also entitled to accompany or join the holder of a P-1, P-2 and P-3 Visa. They can apply for a P-4 Visa. A spouse or child with a P-4 Visa cannot seek employment in the U.S.

If you want your spouse/child to travel to the U.S. with you, apply for your visas at the same time. Book your visa interview appointments for the same day and attend your visa interview together.

Further Instructions & Information

• If you plan to perform in the U.S. you are advised to begin the planning process early

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Is a P Visa suitable for me?

The P Visa is generally for professional entertainers and athletes. A professional entertainer (or group of entertainers) can show that their main income comes from their performances. They are also able to show the high quality of their work, their experience and their renown.

If you are an amateur entertainer or athlete (or a group of amateurs), by definition, you are not a member of any professions associated with entertainment or athletics. The P Visa is generally not the appropriate choice.  If you are an amateur (or group of amateurs) who plans to perform for no payment in a social and/or charitable context or as a competitor in a talent show, contest, or athletic event, you should consider a B Visa.

Note that amateur entertainers are not automatically exempt from the laws requiring specialized performance visas. When an amateur entertainer makes a visa application, they should submit documentation about the U.S. performance or event in the form of a brochure and promotional material.

Professional Entertainers and the B Visa

Professional entertainers can use the B Visa to enable them to perform in the U.S. only when they meet all three of the following conditions:

1. The professional is going to the U.S. to participate in a cultural program sponsored by the country that is sending them
2. The professional will perform before a non-paying audience
3. The professional's government will pay all expenses, including per diem

If the professional entertainer does not satisfy the three conditions listed above, then he or she, in order to qualify for a work or performance visa, must be the beneficiary of a petition filed in the U.S.

Support Personnel

There is no special type of visa for the support personnel of potential P Visa recipients. Despite this situation, DHS will approve petitions for a "highly skilled, essential person who is an integral part of the competition or performance of a P-1, P-2 or P-3 alien because he or she performs support services that cannot be readily performed by a U.S. worker". The essential support alien must have at least one year of experience providing support to the entertainer or athlete.

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