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Are you an essential support personnel looking to accompany a P-3 visa holder participating in a culturally unique program in the United States?
This guide will provide you with a comprehensive overview of the P-3S visa, including eligibility requirements, the application process, and important considerations.
What is a P3S Visa?
P3S Visa is a nonimmigrant visa that allows individuals to temporarily come to the United States in order to provide support to a P-3 visa holder under a program that is culturally unique. This visa is only issued in connection with the issuance of a P-3 visa.
Who qualifies for a P3S Visa?
In order to qualify for this visa, it must be necessary that the individual provide essential support services to a P-3 visa holder while they are in the United States.
An individual provides essential support services if they are an integral part of the P-3 visa holder’s performance or teaching while in the United States. Additionally, this visa holder must be providing support services for the P-3 visa holder that cannot be readily performed or provided by a U.S. worker.
Some common examples of P3S Visa support personnel include coaches, scouts, stagehands, or trainers, or those who have critical knowledge of the services to be performed.
What is the process for obtaining a P3S Visa?
The process to apply for this visa requires that both the essential support personnel and their employer or sponsor 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 applying for this visa requires the applicant’s agent, potential employer, or sponsor to file Form I-129, Petition for Nonimmigrant Worker specifically for the essential support personnel. this visa essential support personnel must have their own Form I-129 submitted by the petitioner. It is not sufficient to file only one Form I-129 intended for both the P-3 visa artist or entertainer and this visa essential support personnel.
In addition to Form I-129, a written consultation from an applicable labor organization appropriate for this visa must be submitted as well. A labor organization is appropriate if it has expertise in the area of essential support personnel skills. Both the Form I-129 and the written consultation from a labor organization 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 this visa applicant’s integral support to the P-3 visa holder, including that no U.S. worker is available to provide the same service as this visa applicant. 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
this visa applicant must have a written consultation from an appropriate labor organization that identifies the work or services to be performed by the P-3S applicant while in the United States, as well as their qualifications for the work. The labor organization must have expertise in the area of essential support personnel skills. 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 the P-3S applicant 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.
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 Essentiality
Evidence must also be submitted in the form of a statement that describes this visa applicant’s essentiality and critical skills. Additionally, the statement must describe this visa applicant’s experience with the P-3 visa holder.
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: P3S Visa Applicant Submits Form DS-160
this visa applicant must complete the 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 P-3S applicant 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 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 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 essentiality and critical skills;
- Evidence of past experience with the P-3 visa holder;
- 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.
FAQ’s
Can P3S Visa holders apply for a green card?
P3S Visa holder essential support personnel may not generally apply for a green card based on their P3S Visa. This visa requires the visa holder to declare their intention to return to their home abroad and prove they have an established residence abroad that they will keep through the duration of their stay in the U.S.
Can you study in the United States under P3S visa?
Yes. P3S Visa holders may study full-time or part-time while in the United States so long as the original conditions of this visa are adhered to. If the educational program lasts longer than the period of validity for this visa, the visa holder should apply for a student visa that would permit them to remain in the United States for the purpose of completing their education. Continuing education is not a valid basis for extending this visa.
How much does it cost to apply for a P3S 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 a P3S visa valid?
Generally, this visa is valid for as long as it takes the P-3 visa holder to complete the event, competition, or performance, but is capped at one year.
Extensions may be requested by the primary P-3 visa holder by re-filing Form I-129 with the USCIS. This visa can be extended with the primary P-visa by also re-filing Form I-129. Extensions will be granted if the primary P-visa holder(s) need more time to complete the event or performance. However, extensions will be granted for no longer than one year.
Conclusion
The P3S visa is specifically designed for essential support personnel who provide critical services to P-3 visa holders in culturally unique programs in the U.S. This visa requires that the support personnel’s services cannot be readily performed by a U.S. worker, highlighting the importance of their role in the performance or teaching activities. The application process involves submitting Form I-129, along with supporting evidence, to establish the essential nature of the applicant’s services.
For professional guidance on navigating the P3S visa application process, contact us at Khandelwal Law. Our team is here to support you in bringing essential personnel to the U.S. and ensuring your cultural programs succeed.
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.
