P (P-1, P-2, and P-3) visas are non-immigrant temporary employment visas specifically developed to allow athletes, artists, and entertainers to attend a competition, performance, or event in their field.
The P-4 visa is for the spouse and unmarried minor children (under 21) of P-1, P-2, or P-3 visa holders who wish to join the spouse or parent in the United States.
Like other “family” or “dependent” visas, the status of the P-4 visa holder is entirely dependent upon the status of the principal P visa holder. For example, if the visa of the principal P visa holder expires, and the principal visa holder has to leave the United States, then so do their spouse or children here on P-4 visas.
What Can I Do on a P-4 Visa?
A P-4 visa holder is not allowed to work while they are in the United States. However, P-4 visa holders are allowed to study full-time or part-time.
A P-4 visa holder can also travel in and out of the United States if their visa remains valid. Unlike other visas, the P-4 visa is not a “one-shot only” visa. It makes coming and going across the border much easier – no need to contact a U.S. consulate or embassy to get a new visa or renew one.
How Long Can Someone Stay in the U.S. on a P-4 Visa?
The length of time that P visa holders may stay in the U.S. depends on the start and end dates for the performance or competition that they have come to participate in. That said, a person may be allowed to stay in the U.S. for up to five years with extensions, not to exceed a total stay of ten years. The time limit for a P-4 visa is tied to the time limit for the underlying P-1, P-2, or P-3 visa.
How Do You Get a P-4 Visa?
First, the person who is an athlete, artist, or entertainer must apply to the United States Citizen and Immigration Service (USCIS) for a P visa. To qualify for a P visa, the applicant must be a well-known athlete, artist, or entertainer who wants to participate in an internationally recognized event.
There are special requirements for each category of P visa:
P-1: If the applicant is an athlete and is applying for a P-1 visa, the applicant must submit proof of at least two of the following:
- Past participation in a U.S. major sports league
- Participation in international competitions with a national team
- A written statement from sports media or a recognized athletics expert
P-2: If the applicant is an artist or entertainer (either as an individual or as part of a group) and wants to enter the U.S. as part of a reciprocal exchange program, they will apply for a P-2 visa. There are several requirements:
- The visa applicant must be highly experienced and must possess skills in the field that are as good as the U.S. participants’ skills
- There must be two organizations involved: an organization in the United States and one abroad that provides for the temporary exchange of artists and entertainers
- An appropriate labor organization must be involved in negotiating the reciprocal exchange program
Documentation required to support the P-2 application includes:
- A copy of the reciprocal exchange agreement.
- A thorough description of the program.
- Evidence of the applicant’s qualifying skills.
Advantages of a P-2 visa include:
- Unlike limitations tied to certain non-immigrant visas, there are no travel restrictions on a P-2 visa
- A P-2 visa holder is permitted to engage in part-time study
- The P-2 visa holder may apply for adjustment of status and lawfully seek to become a permanent resident of the U.S. without needing to change visas first
A P-2 visa for artists or entertainers is usually granted for an initial period of one year but can be extended if needed to complete the event, activity, or performance. Extensions are typically granted for one year at a time.
P-3: The P-3 visa is for artists and entertainers who are coming to the U.S. temporarily to further the understanding or development of their art form. They want to perform, teach, or coach as an artist or entertainer, individually or as part of a group, in a ” culturally unique program.” The purpose of their visit must be to do one of the following within their particular art form: develop the art form; interpret it for American art students; serve as representatives of the art form; or coach or teach the art form.
What is “culturally unique?” This may include:
- Anything unique or traditional to a particular ethnic group
- Anything representative of a particular culture
- Musical events
- Theatrical performances
- Artistic performances
The cultural program may be commercial or non-commercial.
The P-3 visa applicant must:
- Be at least 18 years of age
- Be qualified to perform the work as specified on the petition
- Communicate effectively
- Come from abroad. They must have resided in the United States during the last year before arrival on the P-3 visa
To obtain a P-3 visa, the future employer must submit a petition for the job, and the foreigner qualifies for the P-3 category. There are quite several documents that must accompany the petition. These include:
- A written consultation from an appropriate labor organization
- An explanation of the event, along with the itinerary (this is particularly important if the events are going to be held in multiple cities)
- An affidavit, testimonial, or letter from a recognized expert attests to the authenticity of the individual or their group’s skills in performing, presenting, coaching, or teaching the unique and traditional art forms. As an alternative, they can submit reviews in newspapers, journals, or other published materials that show that the performances are culturally unique
- A copy of the contract between the employer and the foreigner, or if there is no written contract, then a summary of the terms of the oral agreement
- 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
- Documentation that shows that all of the performances or presentations by the individual or the group will be culturally unique events
P-3 visa holders have some special privileges. The visa holder may:
- Enter the U.S. and perform for payment or prize money
- Engage in part-time study
- Apply for visas for accompanying essential support personnel, as well as their dependents
P-3 visas also have some limitations:
- The visa holder may work only for the employer that sponsored them
- P-3 visa petitions cannot be approved until the USCIS consults the appropriate labor organization
The initial period of stay is the time needed to complete the events, activities, or performances. The visa will be granted for a period not exceeding one year. However, it is possible to obtain one-year extensions of stay to complete the events, activities, or performances.
Do I Need a Lawyer to Apply for a P-4 Visa?
If you or a loved one needs help with a visa application, you should contact an immigration attorney. An experienced immigration lawyer can tell you the requirements of all of the P-category visas, help file the required application or petition, and ensure that all the supporting documentation is in place.
