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The P3 visa is a nonimmigrant visa that allows individuals to temporarily come to the United States individually or as part of a group to perform, teach, or coach as artists or entertainers under a program that is culturally unique.
Who qualifies for a P3 visa?
In order to qualify for the P3 visa, an individual must be coming to the United States temporarily to perform or teach as an artist or entertainer for the purpose of developing, representing, coaching, interpreting, or teaching a unique or traditional ethnic, folk, cultural, musical, theatrical, or artistic performance or presentation.
Additionally, an individual must be coming to the United States in order to participate in a commercial or noncommercial cultural event or events that will further the understanding or development of the individual’s art form.
Are individual artists or entertainers not in a group eligible for the P3 visa?
Yes. Both individual artists or entertainers and those as part of a group of artists or entertainers are eligible for the P3 visa. The individual or group of artists or entertainers must be able to prove their ability to perform culturally unique or traditional art forms.
What is the process for obtaining a P3 visa?
The process to apply for the P3 visa requires both the artist(s) or entertainer(s) and their employer or sponsor to submit documentation to the United States government. The steps below outline the application process:
Step One: File Form I-129, Petition for Nonimmigrant Worker
The first step to apply for the P3 visa requires the applicant’s agent, potential employer, or sponsor file Form I-129, Petition for Nonimmigrant Worker and written consultation from an applicable labor organization appropriate for the P3 visa. Both of these items must be filed with the United States Citizen and Immigration Services (USCIS).
Specific Evidence to be Submitted with Form I-129
When submitting Form I-129, certain evidence must be included that proves the applicant(s) artistic or entertainment ability as well as the eligibility for the exchange programs under the P3 visa. Additionally, evidence of the contract, events, or activities that cause them to seek entry into the United States may need to be submitted with Form I-129. The evidentiary requirements are discussed in more detail below:
The P3 applicant(s) must have a written consultation from an appropriate labor organization that identifies the work or services to be performed by the P3 applicant(s) while in the United States, as well as their qualifications for the work. The labor organization may also submit a letter stating they do not object to the petition being approved.
Evidence of Events in the United States
Along with the written consultation, the USCIS advises that applicant(s) submit an itinerary of the events or performances, including a list of the dates and locations of the events, if they will take place in multiple areas. This should include an explanation of the events to occur in the United States, as well as documentation that all of the performances or presentations by the P3 visa applicant will be culturally unique events.
Evidence of Agreement
The petitioning employer or sponsor must also provide a copy of the oral or written agreement between the employer or sponsor and the P3 visa applicant(s).
Evidence of Artistic or Entertainment Skills and Abilities
Evidence must also be submitted that proves that the P3 visa applicant(s) have knowledge and abilities regarding the culturally unique and traditional art forms. This includes evidence through affidavits, testimonials, or letters from recognized experts who attest to the P3 visa applicant(s) authenticity and skill in performing, presenting, coaching, or teaching a unique and traditional art form. Such evidence must also include the bases for the expert’s knowledge of the P3 visa applicant(s) skills, including the expert’s credentials proving their expertise.
Instead of providing a letter from an expert, P3 visa applicant(s) can provide evidence of newspaper or journal reviews and other published materials that prove the P3 visa applicant(s) performance is culturally unique.
Step Two: USCIS Process Form I-129
Once the USCIS receives Form I-129, the employer, agent, or sponsor will receive the following in return:
- A receipt notice confirming the petition was received;
- A notice to appear for an interview, if required;
- A biometric services notice, if applicable; and
- A notice of decision, Form I-797, Notice of Action.
Step Three: P3 Visa Applicant(s) Submits Form DS-160
The P3 visa applicant(s) must complete Online Nonimmigrant Visa Application, Form DS-160 and pay the fee. This involves uploading a photo of the applicant that conforms to the U.S. Department of State photograph requirements. Once Form DS-160 is submitted, the employee must download and print the confirmation page showing Form DS-160 was completed and the filing fee paid. The confirmation page will need to be brought to the visa interview at a U.S. Consulate or Embassy.
Step Four: Interview Requirement
After submitting the form DS-160, the P3 visa applicant(s) will receive form I-797 and may be required to attend an interview at a U.S. embassy or consulate where an official will evaluate an applicant’s application and ask questions pertaining to the applicant’s qualifications for the P3 visa.
At the interview, the P3 visa applicant must bring the following documentation:
- Receipt notice Form I-797, confirming petition Form I-129 was received;
- Form DS-160 confirmation page;
- Copies of labor certification documentation;
- Evidence of events in the United States;
- Evidence of agreement between employer/sponsor and visa applicant;
- Evidence of artistic or entertainment skills or abilities;
- Evidence of knowledge and abilities regarding the culturally unique and traditional art forms;
- Valid passport(s);
- Photos that meets photograph requirements;
- Visa application fee receipt;
- Visa interview confirmation letter;
- Receipts showing the applicant(s) paid all fees;
- The interview confirmation letter.
Can P3 visa holders apply for a green card?
Generally, the P3 visa requires that the visa holder maintain permanent residency in their home country or abroad elsewhere that they do not intend to abandon and intend to return to upon the completion of the activities or events in the United States. This is because the P3 visa is a nonimmigrant temporary visa.
Despite this, a P3 visa holder may seek to become a permanent resident without facing denial of a P3 visa petition, change of status, or extension application if their circumstances change while they are in the U.S., such as by marrying a U.S. citizen or legal permanent resident or changing status to an H-1B visa before applying.
Can you change employers under the P3 visa?
Yes. The new employer must file a new Form I-129 and receive approval with the USCIS before the P3 visa holder can begin the new employment. Approval of Form I-129 will permit the change in employment and permit the P3 visa holder(s) to extend their stay in order to fulfill the new employment.
Can family members travel to the United States with the P3 visa holder?
Yes. Family members of P3 visa holders can travel with them to the United States by obtaining a P-4 visa. Spouses and children under the age of 21 are eligible to accompany or join their P3 family member using the P-4 visa; however, they may not engage in employment while in the United States.
How much does it cost to apply for a P3 visa?
- The fee to submit form DS-160 is $160.
- The cost of any biometrics fee is $85
- The fee to submit Form I-129 is $460
- Medical exam costs vary
For how long is the P3 visa valid?
Generally, the P3 visa is valid for as long as it takes the artist(s) or entertainer(s) to complete the event or performance, but is capped at one year. Extensions may be requested by re-filing Form I-129 with the USCIS. Extensions will be granted if the P3 visa holder(s) need more time to complete the event or performance. However, extensions will be granted for no longer than one year.