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P VISAS
Our office has handled applications for Broadway performers and professional athletes.
RECENT NEWS . ELIGIBILITY . ISSUES . FURTHER RESEARCH _________________________________________________________________________________
RECENT NEWS
Pending ...
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ELIGIBILITY
P1 VISAS for Performers
1. ATHLETE . Entering the U.S. to perform services for an organization or employer as an internationally recognized athlete (individually or as part of a team) or to perform as an integral and essential part of the performance of an entertainment group with international recognizition.
2. ENTERTAINER . If applying with entertainment group - recognition must be for a substantial period of time, group must be established for at least one year, 75% of members must have performed with the group for at least one year, and applicant must have a 'sustained and substantial relationship with the group' of usually at least one year, evidence of receipt or nomination of a significant international award or at least three of the following: (i) lead or starting performance in production(s) or for organizations of distinguished reputation; (ii) reviews acclaiming outstanding achievement and international recognition; (iii) major commercial or critically acclaimed successes shown through ratings, standing in the field, box office receipts, record, cassette, or video saes, etc; (iv) recognition from organizations, critics, government agencies, or other recognized experts of significant achievement; or (v) high salary
3. CIRCUS. circus groups and those entertainers who have been ill or subject to exigent circumstances need not meet the one-year membership requirement, so long as the applicant provides an integral or critical part of the group
4. "INTERNATIONAL" (ENTERTAINER) . entertainers with limited access to international markets may satisfy the international recognition requirement by showing national reputation only, and circus groups need not meet the requirement for international recognition, so long as the applicant is an integral and essential part of the circus group's performance and the circus has been nationally recognized as outstanding for a sustained and substantial period of time
5. "INTERNATIONAL" (ATHLETE) . if applying as an athlete - athlete or team must have international reputation, must be coming to the U.S. to participate in an athletic competition of distinguished reputation with contract (if typically executed in the sport), and at least two (2) of the following: (i) participation during prior season with a major U.S. sports league or U.S. college or university in intercollegiate competition; (ii) participation in international competition with a national team; (iii) statement from official of major U.S. sports league, official of the governmenting body of the sport, a member of the sports media, or a recognized expert in the sport detailing how the alien or team is internationally recognized; (iv) an international ranking or significant honor or award in the sport.
6. LABOR ORANIZATION . Consultation with an appropriate labor organization, if such exists, regarding the nature of work to be done and applicant's qualifications, who provides a written advisory opinion or letter of no objection.
7. NO LABOR DISPUTE . No labor dispute ongoing that has been certified by the Secretary of Labor to the USCIS.
8. ASSISTANTS . Assistants of P1 visaholders may receive P1 status under the reciprocal exchange program based on support relationship with P1 visaholder and separate consultation from labor organization required.
9. FIVE YEARS . Athletes and assistants to athletes admitted for period of employment, maximum five years, with one extension of an addition five years possible; athletic teams and assistants admitted for term of event, maximum one year, with extensions possible; entertainment groups admitted for term of event, maximum one year, with extensions possible.
10. FOREIGN RESIDENCE . No intention of abandoning foreign residence, though submission of labor certification application or application for permanent residency not a basis to deny a P visa application (not applicable to assistants)
11. ADMISSIBLE . Applicant is 'admissible' (see Admissibility Issues).
P2 Visa for Reciprocal Exchange Program
1. ARTIST/ENTERTAINER IN RECIPROCAL PROGRAM . Entering the U.S. to perform services for an organization or employer as an artist or entertainer, individually or as a group (or integral part of the group), under a reciprocal exchange program.
2. ELIGIBLE ORGANIZATION . Organizations in the U.S. and organizations in the foreign country participating in the exchange program may be management organizations or organizations with one or more foreign states that provides for exchange of artists, entertainers, or groups of artists and entertainers.
3. LABOR ORGANIZATION . Consultation with an appropriate labor organization, if such exists, regarding the nature of work to be done and applicant's qualifications, who provides a written advisory opinion or letter of no objection; applicable labor organizations must be involved in negotiating or have concurred with the reciprocal exchange of U.S. and foreign artists or entertainers.
4. NO LABOR DISPUTE . No labor dispute ongoing that has been certified by the Secretary of Labor to the USCIS.
5. RECIPROCAL PERFORMANCE STANDARDS . Terms of employment and skill level of artists and entertainers must be comparable in terms of U.S. artists and entertainers going abroad and those applying for admission as a P2 visaholder.
6. ASSISTANTS . Assistants of P2 visaholders may receive P2 status under the reciprocal exchange program based on support relationship with P2 entertainer and separate consultation from labor organization required.
7. AUTHORIZED STAY . Stay authorized for term of event, maximum one year.
8. FOREIGN RESIDENCE . No intention of abandoning foreign residence, though submission of labor certification application or application for permanent residency not a basis to deny a P visa application (not applicable to assistants).
9. ADMISSIBLE . Applicant is 'admissible' (see Admissibility Issues)
P3 Visa for Culture Program
1. TEACH/COACH . Entering the U.S. to perform, teach, or coach as an artist or entertainer, under a commercial or noncommecial program that is culturally unique.
2. CULTURAL EVENT . The cultural event must further the understanding or development of the art form and all performances or presentations must be culturally unique.
3. LABOR ORGANIZATION . Consultation with an appropriate labor organization, if such exists, regarding the nature of work to be done and applicant's qualifications, who provides a written advisory opinion or letter of no objection.
4. NO LABOR DISPUTE . No labor dispute ongoing that has been certified by the Secretary of Labor to the USCIS.
5. ASSISTANTS . Assistants of P3 visaholders may receive P3 status based on support relationship with P3 entertainer and separate consultation from labor organization required; in case of an assistant to a P3 visaholder, the relevant labor union must be consulted.
6. FOREIGN RESIDENCE . No intention of abandoning foreign residence, though submission of labor certification application or application or permanent residency not a basis to deny a P visa application (not applicable to assistants).
7. AUTHORIZED STAY . Stay authorized for term of event, maximum one year.
8. ADMISSIBLE . Applicant is 'admissible' (see Admissibility Issues)
P4 Visa for Dependents
1. DEPENDENTS . Entering the U.S. as the spouse or child of a P1, P2, or P3 visaholder.
2. FOREIGN RESIDENCE . No intention of abandoning foreign residence, though submission of labor certification application or application for permanent residency not a basis to deny a P visa application (not applicable to assistants).
3. AUTHORIZED STAY . Stay authorized for period same as that for principal visaholder.
4. ADMISSIBLE . Applicant is 'admissible' (see Admissibility Issues)
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ISSUES
ADMISSIBILITY . A visa applicant must be admissible in ten general, important ways to receive a nonimmigrant visa, including health, financial ability, clean criminal history, immigration history, etc. (See Admissibility).
NON-IMMIGRANT INTENT . A P Visa applicant is not allowed to have ‘dual intent,’ meaning that s/he must intent to return to his/her residence at home at the end of the visa stay.
WORK AUTHORIZATION/SCHOOL . A P Visa holder is authorized to work at the place of sponsorship. S/he may also attend school.
DURATION OF AUTHORIZED STAY . P Visa holders may obtain visas and entrance authorization for periods of up to five (5) years, depending on the project they are being sponsored for.
PERMANENT RESIDENCE . P Visa holders may be eligible to apply for permanent residence as, if otherwise eligible.
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P VISAS . RECENT NEWS . ELIGIBILITY . ISSUES . FURTHER RESEARCH . ADMISSIBILITY
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