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New Jersey/New York Entertainer Visa Attorney

P-1 Internationally Recognized Athletes, Artists, and Entertainers Visa

 

1. Q: What is P-1 visa?

 

A: The P-1 visa is a nonimmigrant visa category which allows foreign nationals who are athletes, artists and entertainers to enter into the U.S. for a specific event, competition or performance.

 

2. Q: Who is eligible for P-1 visa?

 

A: An internationally recognized artist, entertainer, or athlete may enter into the U.S. to participate in a performance for a U.S. employer or an international employer working through a U.S. agent. The performance must require a performer of international quality.

 

3. Q: How long can I stay in the U.S. on P-1 visa?

 

A: You may be allowed to stay in the U.S. for up to five (5) years to complete the event, competition or performance with extensions not to exceed a total stay of ten (10) years.

 

4. Q: Can I apply for extension of stay in the US?

 

A: Yes, you may apply for P-1 status extension:

 

• P-1 individual athlete and essential support personnel may be authorized to extend stay for a period up to five (5) years in order to continue or complete the event, competition or performance for a total period of stay not to exceed ten years

 

• Other P-1, P-2, P-3 foreign nationals and support personnel may be authorized to extend stay in increments of one (1) year to continue or complete the same event or activity for which admitted

 

5. Q: What are the documents required for P-1 petition for athletes or athletic team?

 

A: The petition filed by a U.S. employer must include:

 

• Tendered contract with major U.S. sports league or team or one commensurate with international recognition and

 

• Any two of the following:


o Significant participation in a prior season in majors
o International competition with national team
o Significant participation in a prior season for U.S. college or university or intercollegiate competitions
o Written statement from U.S. official in sport about athlete or team's international recognition
o Written statement from expert or sport's media as to international recognition
team or individual ranking
o Significant honor or award in sport

 

6. Q: What are the documents required for P-1 petition for entertainment groups?

 

A: A petition filed by a U.S. employer must be accompanied by:

 

• Evidence that the group has been established and performing regularly for a period of at least one year
• A statement from the employer listing each member of the group and the exact dates for which each member has been employed on a regular basis by the group
• Evidence that the group has been internationally recognized in the discipline for a sustained and substantial period of time. This may be demonstrated by any three of the following types of documentation with evidence that the group has:

 

o Performed, and will perform, as a starring or leading entertainment group in productions or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications, contracts, or endorsements


o Achieved international recognition and acclaim for outstanding achievement in its field as evidenced by reviews in major newspapers, trade journals, magazines, or other published material


o Performed, and will perform, services as a leading or starring group for organizations and establishments that have a distinguished reputation evidenced by articles in newspapers, trade journals, publications, or testimonials


o A record of major commercial or critically acclaimed successes, as evidenced by such indicators as ratings; standing in the field; box office receipts; record, cassette, or video sales; and other achievements in the field as reported in trade journals, major newspapers, or other publications


o Achieved significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field. Such testimonials must be in a form that clearly indicates the author's authority, expertise, and knowledge of the alien's achievements


o Either commanded a high salary or will command a high salary or other substantial remuneration for services comparable to others similarly situated in the field as evidenced by contracts or other reliable evidence

 

7. Q: What are the documents required for P-1 petition for support personnel?

 

A: The P-1 petition for support personnel must be filed in conjunction with the petition for principal P-1 and must be filed with a:

 

• Written consultation with a labor organization in the skill in which the alien will be involved
• Statement describing the alien's prior and current essentiality, critical skills and experience with the principal alien
• Copy of any written contract between the employer and the alien or a summary of the terms of the oral agreement under which the alien will be employed

 

8. Q: What are the special provisions for certain entertainment groups on P-1 visa?

 

A:
• Alien circus personnel:
The one year group membership requirement and the international recognition requirement are not applicable to foreign national circus personnel who perform as part of a circus or circus group, or who constitute an integral and essential part of the performance of such circus or circus group. This is true, provided the P-1 foreign national is coming to join a circus that has been recognized nationally as outstanding for a sustained and substantial period of time or as part of such a circus

 

• Certain nationally known entertainment groups:
The Director may waive the international recognition requirement in the case of an entertainment group which has been recognized nationally as being outstanding in its discipline for a sustained and substantial period of time in consideration of special circumstances. An example of a special circumstance would be when an entertainment group may find it difficult to demonstrate recognition in more than one country due to such factors as limited access to news media or consequences of geography

 

• Waiver of one year relationship in exigent circumstances:
The Director may waive the one year relationship requirement for a foreign national who, because of illness or unanticipated and exigent circumstances, replaces an essential member of a P-1 entertainment group or an alien who augments the group by performing a critical role. The Department of State is delegated the authority to waive the one year relationship requirement in the case of consular substitutions involving P-1 entertainment groups

 

9. Q: Can I bring my dependents on P-1 visa?

 

A: Yes, you may apply for P-4 visa for your spouse and unmarried children below 21 years.

 

10. Q: Can my dependents work on P-4 visa?

 

A: No, dependents on P-4 visa may not be employed or receive compensation from any U.S. source.

 

P-2 Individual Performer or Part of a Group Entering to Perform Under a Reciprocal Exchange Program Visa

11. Q: What is P-2 visa?

 

A: The P-2 visa is a nonimmigrant visa which allows foreign troupes or bands to enter into the U.S. and perform as part of an exchange program.

 

12. Q: How do I qualify for P-2 visa?

 

A: To qualify for P-2 visa, you must be coming temporarily to the U.S. to perform as an entertainer or artist. You may be coming as part of a group, or individually as part of a reciprocal exchange.

 

13. Q: How long can I stay in the U.S. on P-2 visa?

 

A: You may be allowed to stay in the U.S. for up to one (1) year on P-2 visa.

 

14. Q: Can I extend my stay on P-2 status in the US?

 

A: Yes, you may apply for extension of stay on P-2 status. Extensions may be authorized in increments of one (1) year for P-2 exchange program performers to continue or complete the same event or activity for which you were admitted.

 

15. Q: What are the documents required for P-2 petition for exchange program performers?

 

A: The petition filed by the employer must include:

 

• A copy of the formal reciprocal exchange agreement between the U.S. organization or organizations which sponsor the foreign nationals and an organization or organizations in a foreign country which will receive the U.S. artist or entertainers
• A statement from the sponsoring organization describing the reciprocal exchange of U.S. artists or entertainers as it relates to the specific petition for which P-2 classification is being sought
• Evidence that an appropriate labor organization in the U.S. was involved in negotiating, or has concurred with, the reciprocal exchange of U.S. and foreign artists or entertainers
• Evidence that the foreign nationals for whom P-2 classification is being sought and the U.S. artists or entertainers subject to the reciprocal exchange agreement are artists or entertainers with comparable skills, and that the terms and conditions of employment are similar

 

16. Q: Can I bring my dependents on P-2 visa?

 

A: Yes, you may apply for P-4 visa for your spouse and unmarried children below 21 years.

 

17. Q: Can my dependents work on P-4 visa?

 

A: No, your dependents may not work on P-4 visa. They may not be employed or receive compensation from any U.S. source

P-3 Artist or Entertainer Coming to Be Part of a Culturally Unique Program Visa

18. Q: What is P-3 visa?

 

A: The P-3 visa is a nonimmigrant visa which allows foreign nationals to enter into the U.S. to perform, teach or coach as artists or entertainers, individually or as part of a group, under a program that is culturally unique.

 

19. Q: Who is eligible for P-3 visa?

 

A: A P-3 visa classification may be accorded to artists or entertainers, individually or as a group, coming to the U.S. for the purpose of developing, interpreting, representing, coaching, or teaching a unique or traditional ethnic, folk, cultural, musical, theatrical, or artistic performance or presentation.

Further, you must be coming to the U.S. to participate in a cultural event or events which will further the understanding or development of your art form. The program may be of a commercial or noncommercial nature.

 

20. Q: How long can I stay on P-3 visa in the US?

 

A: You may stay in the U.S. for the period necessary to complete the performance or event for which you were admitted, and it may not exceed one (1) year.

 

21. Q: Can I extend my stay on P-3 status in the US?

 

A: Yes, an extension of stay may be authorized in increments of one year for P-3 status holders, to continue or complete the same event or activity for which you were admitted.

 

22. Q: What are the documents required for P-3 petition for artists or entertainers in a culturally unique program?

 

A: The petition filed by the employer must include any one of the following:

 

• Affidavits, testimonials or letters from recognized experts attesting to the authenticity of your skills in performing, presenting, coaching, or teaching the unique or traditional art form. The document must give the credentials of the expert, including the basis of the experts' knowledge of your skill, or


• Both of the following:
o Documentation that the performance of the alien or group is culturally unique, as evidenced by reviews in newspapers, journals, or other published materials
o Evidence that all of the performances or presentations will be culturally unique events

 

23. Q: What are the documents required for P-3 petition for essential support foreign national?

 

A: A petition for P-3 essential support personnel must be accompanied by a:


• Consultation from a labor organization with expertise in the area of the P-3 applicant's skill
• Statement describing the P-3 essential support personnel's prior essentiality, critical skills and experience with the principal P-3
• Copy of the written contract or a summary of the terms of the oral agreement between the P-3 essential support personnel and the employer

 

24. Q: What are the Consultation requirements for P-3 in a culturally unique program?

 

A: Consultation with an appropriate labor organization is required for P-3 petitions involving foreign nationals in culturally unique programs. If the advisory opinion is favorable to the petitioner, it should evaluate the cultural uniqueness of the P-3 artist or entertainer's skills, state whether the events are cultural in nature, and state whether the event or activity is appropriate for P-3 classification

 

Note: If the advisory opinion is not favorable to the petitioner, it must also set forth a specific statement of facts which support the conclusion reached in the opinion. In lieu of the above, a labor organization may submit a letter of no objection if it has no objection to the approval of the petition.

 

25. Q: Can I bring my dependents on P-3 work visa?

 

A: Yes, you may apply for P-4 visa for your spouse and unmarried children below 21 years.

 

26. Q: Can my dependents work on P-4 visa?

 

A: No, your dependents may not work on P-4 visa. They may not be employed or receive compensation from any U.S. source.

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