P Special Visas for Artists, Entertainers, and Athletes

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 country 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.

top

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, USCIS 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 USCIS. 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.

top

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.

These are general guidelines only. If you wish to discuss your eligibility as a petitioner or beneficiary under this category, please e-mail the individual's detailed resume with a brief description of the employer to heller@greencard1.com.
top