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Unlocking opportunities for artists and entertainers, the P3 visa serves as a gateway to showcase your talents in the United States. This blog post provides a concise roadmap, outlining requirements, the application process, and answering FAQs. Whether you’re a musician, dancer, or cultural educator, this guide simplifies the P3 visa journey, ensuring a hassle-free experience as you prepare to captivate American audiences with your creativity.
What is this P3 visa?
A 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 this 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 this visa?
Yes. Both individual artists or entertainers and those as part of a group of artists or entertainers are eligible for this 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 this 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 this visa requires the applicant’s agent, potential employer, or sponsor to file Form I-129, Petition for Nonimmigrant Worker, and written consultation from an applicable labor organization appropriate for this 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 this 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:
Labor Certification
The P-3 applicant(s) must have a written consultation from an appropriate labor organization that identifies the work or services to be performed by the P-3 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 this 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 this visa applicant(s).
Evidence of Artistic or Entertainment Skills and Abilities
Evidence must also be submitted that proves that this 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 this 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 this 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 this 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
this 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, this 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 about the applicant’s qualifications for this visa.
At the interview, this 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 meet photograph requirements;
- Visa application fee receipt;
- Visa interview confirmation letter;
- Receipts showing the applicant(s) paid all fees;
- The interview confirmation letter.
Tax Implications and Reporting Requirements for P3 Visa Holders
P3 visa holders, who are artists or entertainers participating in culturally unique programs in the U.S., need to be aware of the following tax implications and reporting requirements:
- Tax Filing Requirement: Foreign individual artists receiving compensation for services in the U.S. must file a U.S. tax return, even if the income is exempt from U.S. income tax. Filing a tax return is necessary to claim deductions, credits, or tax treaty exemptions and potentially receive a refund of overpaid withholding.
- Tax Treaty Benefits: Income tax treaties between the U.S. and other countries may reduce or eliminate Federal income tax withholding on payments received by P3 visa holders. To claim a tax treaty benefit, the individual must satisfy all treaty qualifications and submit the required tax treaty exemption forms to the University Tax Department for review and submission to the IRS.
- Withholding and Reporting: Tax reporting and withholding for nonresident aliens, including P3 visa holders, are based on their classification for tax purposes. Resident aliens are subject to the same tax rules as U.S. citizens, while nonresident aliens are taxed only on income from U.S. sources. Payments made to nonresident aliens are subject to specific reporting and withholding rules based on the type of income received.
- Tax Treaty Exemption Forms: P3 visa holders claiming a tax treaty benefit must have a treaty in effect between the U.S. and their country of residence, satisfy all treaty requirements, and complete and submit the necessary tax treaty exemption forms to the University Tax Department for review and IRS submission if applicable.
Understanding these tax implications and reporting requirements is essential for P3 visa holders to ensure compliance with U.S. tax laws and make informed decisions regarding their financial obligations while participating in culturally unique programs in the United States.
FAQs
Can P3 Visa holders apply for a green card?
Generally, this 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 this 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 this visa?
Yes. The new employer must file a new Form I-129 and receive approval with the USCIS before this visa holder can begin the new employment. Approval of Form I-129 will permit the change in employment and permit this visa holder(s) to extend their stay in order to fulfill the new employment.
Can family members travel to the United States with this 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 P-3 family members 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 this visa valid?
Generally, this 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 this visa holder(s) need more time to complete the event or performance. However, extensions will be granted for no longer than one year.
Disclaimer: If any pricing information provided here is for reference only and may fluctuate due to changes in government policy, economic conditions, or other factors. For the most accurate and current USCIS fees, please refer to the relevant government websites or official resources. The attorney fees mentioned are approximate and will depend on the facts and circumstances of each individual case. Fees and costs are subject to change and should not be considered final.
