P-3 Visa

A P-3 visa is a type of visa for temporary employment which allows artists and entertainers to come to the United States in order to perform at a culturally unique event. The P-3 visa is a visa that is for individuals who are coming to the U.S. temporarily to perform, teach, or coach as an artist or entertainer, either individually or as part of a group, in a program that is culturally unique.

Who is Eligible for a P-3 Visa?

As noted above, an individual is eligible for a P-3 visa if they are an artist or entertainer coming to the United States individually or as part of a group under a program that is culturally unique. The purpose of their visit must be to do one of the following with a particular art form:

• Develop;
• Interpret;
• Represent;
• Coach; or
• Teach.

This may include:

• Anything that is unique or traditional to a particular ethnic group;
• Anything representative of a particular culture;
• Musical events;
• Theatrical performances; and
• Artistic performances.

Generally, to qualify for the P-3 visa, an individual must be visiting the U.S. in order to further the understanding or development of their art form. The cultural program may be commercial or noncommercial in nature.

What is the Application Process and What Documents Do You Need for a P-3 Visa?

A sponsoring organization or a United States employer must file Form I-129. This form is a petition for nonimmigrant workers. If a petitioner is filing as an agent for multiple employers, they must establish that they are duly authorized to act as an agent. The documents that must be submitted with the Form I-129 include:

• A consultation that is in writing from an appropriate labor organization;
• A copy of the contract that the petitioner and the individual agreed to or a summary of the terms of the oral agreement that the petitioner and the individual agreed to;
• An explanation of the event as well as the itinerary;
• An affidavit, testimonial, or letter from a recognized expert that attests to the authenticity of the individual or their group’s skills in performing, presenting, coaching, or teaching the unique and traditional art forms;
  • Or the individual can provide documentation that their or their group’s performance is culturally unique using evidence such as reviews in newspapers, journals, or other published materials;
• If an individual is using expert testimony, it is necessary to give the credentials of the expert which includes the basis of their knowledge of the applicant or their group’s skills; and
• Documentation which shows that all of the performances or presentations by the individual or the group will be culturally unique events.

In addition to meeting the criteria for culturally unique events, if the events or performances will take place in multiple locations, an itinerary must be submitted. It must include the dates and locations of each event.
The initial period of stay is the time needed to complete the events, activities, or performances. This period of time cannot exceed one year. However, it is possible to obtain an extension of stay which is provided in increments of one year in order to complete the events, activities, or performances.

What About Employment Changes and Support Personnel?

An artist or entertainer may change employers. However, this can only occur after the new employer has filed a Form I-129 with the United States Citizenship and Immigration Services (USCIS), which requests permission to employ the individual and extend their stay. The individual cannot begin their employment with the new employer until the Form-I-129 has been approved.

Many artists and entertainers have essential support personnel who are integral parts of their performances and who perform support services that cannot be readily performed by the artist or entertainer. In these cases, the support personnel may be eligible for a P-3 visa. The United States employer must file a separate Form I-129 for the support personnel which includes the required documents.

What About Family Members?

A spouse or unmarried children of a P-3 visa holder may obtain a P-4 visa. However, the children must be under the age of 21 to be eligible. The dependents of a P-3 visa holder cannot be employed in the United States but they may attend school or college.

It is important to note that, similar to other family or dependent visas, the status of the P-4 visa holder depends entirely upon the status of the principal P visa holder. Therefore, if the visa of the principal P visa holder expires and they are required to return to their home country, their dependents that are in the United States on P-4 visas must also return to their home country.

What are P-1 and P-2 visas?

P-1 and P-2 visas are also temporary employment visas, similar to P-3 visas. A P-1 visa is for an athlete or an athletic team that has been internationally recognized as outstanding for a long and continuous period of time. A P-1 visa is not available to an individual entertainer, but they are available to members of groups that have international or national reputations, if they meet certain requirements.

In contrast, a P-2 visa is available to an artist or entertainer who comes to the United States to perform under a reciprocal exchange program between the United States and one or more countries. The applicant can come individually or as part of a group. All essential support personnel are included. The applicant will be required to submit evidence including a formal, written exchange agreement.

Why was My Temporary Non-Immigration Visa to the United States Denied?

In some cases, an individual’s nonimmigrant visa will be denied. Foreign Service Officers (FSO) evaluate visa applications. They review all applications for any possible security risks or the possibility that an applicant is applying for the temporary visa in order to circumvent the official immigration process by simply overstaying their visa.

When making these types of determinations, an FSO considers such factors as:

• Travel plans;
• Financial resources;
• Ties, including familial, friendship, or business, to nations outside of the U.S.;
• Other personal circumstances;
• How long an applicant has resided at their current address;
• How long an applicant kept their current job; and
• Whether they or their children are enrolled in school.

Generally, the FSO is looking for any commitments that would keep an individual from abandoning their own country to live in the U.S. permanently. If an individual applied for a visa in a country that is not their homeland, the FSO may simply not have enough information to make a reasonable determination on the application.

It is important to note that an application will be evaluated based on an individual’s ties to the country from which they submit the application. For example, if the individual is a recent immigrant to the country in which they applied, they may not have sufficient strong ties to their new country and they may be viewed as someone who is trying to immigrate to the United States illegally.

Should I Contact a Lawyer for Issues with My P-3 Visa?

It is essential to have the assistance of an experienced immigration attorney for any issues you have with your P-3 visa. Immigration laws, especially those involving visas, may be difficult to understand. If you are considering applying for a temporary employment visa, such as a P-3 visa, an attorney can advise you on the application process and assist you every step of the way.

An immigration attorney can also provide you assistance if your visa application has been denied. You may be able to file an appeal or pursue other avenues to re-submit a visa application.