In this article, I wish to discuss something more glamorous and fun - special visas for performing artists, entertainers, and athletes. With increased international exchange of cultural and athletic events, artists, entertainers, and athletes (e.g., actors, dancers, singers, golfers, racers, etc.) often need to travel to the U.S. for special events, productions, etc. Do they require visas to participate in such events or to work in the U.S.? For certain non-commercial purposes, performing artists, entertainers, and athletes may not need a special visa to enter the U.S. An amateur or group of amateurs, who are not members of any professions associated with that activity and are entering the U.S. to perform in a social or charitable context or as a competitor in a talent show or contest, can travel on a B-2 visa or without a visa if they are nationals of a visa waived country. A professional entertainer may also be eligible for a B-1 visa or visa free travel if the entertainer is participating in a cultural program sponsored by the sending county and performing before a nonpaying audience with all expenses paid by the member's government or the entertainer is participating in a competition without remuneration other than a prize and expenses.Similarly, amateur and professional athletes are also eligible for B-1/B-2 visa or visa free travel provided that they are coming to compete in an athletic event. They may not receive payment for their performance other than expenses incidental to the visit.

However, for purposes other than the above-mentioned exceptions, entertainers and athletes generally need to utilize O or P visas to enter the U.S. As P visas have wider applications, I will first explain them before moving on to O visas.

The P visas may be used in the following circumstances:

P-1 applies to aliens at an 'internationally recognized' level of performance coming to the United States 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 must have had a substantial relationship with the group for at least one year. Please note that individual entertainers not performing as part of a group are excluded from this classification, and they must obtain O-1, which has a higher standard.

Here, the specific event must have a distinct and identifiable duration of time. Therefore, a series of performances or competitions for which a detailed itinerary is submitted with the petition is permitted. If performances are to be conducted for different employers, separate petitions must be filed. However, an agent may file a single petition for a series of performances for different employers provided the performers have a contract with the agent, which specifies the full itinerary.

P-2 classification applies to an alien coming 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 a foreign country. The P-2 category does not require that the artist or entertainer have attained any particular level of prominence or even experience and it can be given to either individual artists or groups.

For example, Actors Equity (performers in live theatre) runs two P-2 programs with its Canadian and U.K. affiliates. The American Federation of Musicians also has a P-2 program with its Canadian affiliate.

P-3 classification is for an alien coming 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. The term "culturally unique" is defined as "a style of artistic expression, methodology, or medium which is unique to a particular country, nation, society, class, ethnicity, religion, tribe, or other group of persons."

Finally, the spouse and children of P-1, P-2, or P-3 beneficiaries may accompany them with P-4 visas.

There is no separate classification for support personnel for P beneficiaries. However, BCIS 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, which 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 principals.

For the artists, entertainers, and athletes to obtain P visas, their employer or authorized U.S. agent (those who usually arrange short-term employments on behalf of self-employed individuals) must first file a petition with the BCIS . The petition must be approved before the beneficiary can apply for a visa.

In most cases the employer must also obtain a consultation from an appropriate union or peer group (and management organization for motion picture and television cases) regarding the nature of the work to be done and the qualifications of foreign national. P petitions will not be approved it the employment of the beneficiary would adversely affect the wages, and working conditions of U.S. citizens or lawful permanent residents

Once the petitions have been approved, P visas may be granted for the period of time required to complete the competition or event for which the individual or group has been admitted, but not to exceed one year. Extensions of stay may be approved for individual athletes and his/her essential support personnel for up to five years but not longer than ten years. Athletic teams, entertainment groups, and individuals in reciprocal exchange programs or culturally unique programs may be granted extensions in increments of one year to continue or complete the activity or event for which they were admitted.

For P visa purposes, "competition, event or performance" is defined as an activity such as an athletic competition, athletic season, tournament, tour, exhibit, project, entertainment event or engagement. According to the definition, such an activity can include short vacations, promotional appearances for the petitioning employer relating to the competition, event or performance, and incidental/related stopovers.

Comparison with O visa

O-1 visas, the 'super star' visas, are also available for artists, entertainers, and athletes. However, in order to qualify for O-1 visas, the alien must demonstrate that he or she has risen to the very top of the field. For this reason, it is often easier for both artists and athletes to qualify under the P-1 category except for the case of individual artist or entertainer, not participating in an exchange or culturally unique program.

As explained above, if the situation necessitates O or P visas, it takes some time for the petitioner to complete a consultation with the union or management group and file a petition on behalf of the aliens and for the consulate to process the visa. Therefore, in order to avoid a delay of production or postponement of scheduled events, the involved parties must seek legal advice from a qualified immigration attorney as soon as possible.

Evidentiary Criteria

The P NonImmigrant Visa classification was created by the Immigration Act of 1990 to specifically allow for certain athletes, entertainers, and artists to enter the United States to compete or perform for a temporary time. The main advantages to applying for a P visa (if you qualify) are that P visa holders are allowed to enter the United States and perform for payment or prize money. The compensation for the performance may be U.S. based or foreign based. In addition, the P visa can be issued without seeking a labor attestation or labor certification, as in the case of the H visas. The three “P” categories are as follows:

1. P-1 Athletes and Entertainers

A P-1 Athlete must demonstrate that he/she is coming temporarily to the United States to compete individually or as a team member at an internationally recognized level of performance or to provide essential support to such an athlete.

Evidence of International Recognition may include:

A tendered contract with a major U.S. sports league or team if such contracts are normally executed for that sport, and documentation of at least two of the following:

• participation in a prior season with a major U.S. sports league
• participation in international competition with a national team
• participation in a prior season for a U.S. college in intercollegiate competition
• a statement from an official of a major U.S. sports league or an official of the governing body of the sport detailing how that alien or the team is internationally recognized
• a statement from a member of the sports media or a recognized expert in the sport which details how the alien or the team is internationally recognized
• international rankings of the individual or team significant honors or awards in the sport received by the individual or team

P-1 Entertainers must be part of a group that has received international recognition as outstanding for a sustained and substantial time period. The entertainers must also have been a member of the group for at least one year and provide integral functions to the group's performance. The one-year relationship requirement does not apply to 25 percent of the members of a group, or to circus personnel and/or can be waived in certain special circumstances.

Evidence of International Recognition may include:

The group's nomination or receipt of significant international awards or prizes for outstanding achievement in its field or by three of the following types of documentation which establish that the entertainment group has:
performed or will perform as a starring or leading entertainment group in production or events which have a distinguished reputation (as evidenced by critical reviews, advertisements, publicity releases, publications, contracts, or endorsements)
achieved international recognition and acclaim for outstanding achievements in its field as evidences by reviews in major newspapers, trade journals, magazines, or other published material performed and will perform services as a leading or starring group for organizations and establishments that have a distinguished reputa­tion (as evidenced by articles in newspapers, trade journals, or testimonials)
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) achieved significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field (such testimonials must clearly indicate the author's authority, expertise, and knowledge of the alien's achievements)
commanded or now commands 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)
The P-1 may be granted for up to five years with extensions not to exceed a total stay of ten years.

2. P-2 Reciprocal Exchange Performers

P-2 temporary performers must participate through a reciprocal exchange program between a United States and a foreign-based organization that exchanges artists and entertainers. The performers must serve an integral part in the performance.

The exchange of artists or entertainers must be similar in terms of caliber of artists or entertainers, terms and conditions of employment (such as length of employment), and number of artists or entertainers involved in the exchange. Note, however, that the latter requirement does not preclude individ­ual for group exchanges.

A petition for P-2 classification must be accompanied by:

a copy of the formal reciprocal exchange agreement between the U.S. organization which is sponsoring the aliens and an organization in a foreign country which will receive the U.S. artists or entertainers a statement from the U.S. sponsoring organization describing the recip­rocal exchange of U.S. artists or entertainers
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 and evidence that the aliens for whom P-2 classification is being sought and the U.S. artists and entertainers subject to the reciprocal exchange agreement are artists or entertainers with comparable skills, and that the terms and conditions of employment are similar Essential support personnel can also be admitted under the P-2 category.
The P-2 is admitted only for the time period to complete the performance and is barred from reentering the United States for ninety days after the most recent admission.

3. P-3 Culturally Unique Performers

P-3 artists and entertainers, coming to the U.S. either individually or as part of a group, or as an integral part of the performance of the group, must be performing, coaching or teaching in a commercial or noncommercial program that is culturally unique, i.e. traditional ethnic, folk, cultural, musical, theatrical, or artistic perfor­mance or representation. "Culturally unique" means a style of artistic expres­sion, methodology, or medium that is unique to a particular country, nation, society, class, ethnicity, religion, tribe, or other group of persons. The artist or entertainer must be coming to the United States to participate in a cultural event or events which will further the understanding or development of his or her art form. A P-3 group is not required to have performed together for any specified period of time.

A P-3 petition must be accompanied by the following:

evidence that the aliens for whom classification is being sought and the U.S. artists and entertainers subject to the reciprocal exchange agreement are artists or entertainers with comparable skills, and that the terms and conditions of employment are similar affidavits, testimonials, or letters from recognized experts attesting to the authenticity of the alien's or the group's skills in performing, pre­senting, coaching, or teaching the unique or traditional art form (the credentials of the expert must be stated, including the basis of his or her knowledge of the alien's or group's skills), or documentation that the performance of the alien or group is culturally unique, as evidenced by reviews in newspapers, journals, or other published materials, and evidence that all of the performances or presentations will be-culturally unique events
The P-3 is admitted only for the time period to complete the performance and is barred from reentering the United States for ninety days after the most recent admission.