P1 Visa (Artist/Athlete/Entertainment Group)

The P1 visa is designated for entertainers, circus artists, and athletes who are coming to the US temporarily to perform at a specific competition or event. An athlete who wishes to remain in the US for a longer period of time should apply for an O1 visa.

Entertainers, circus artists, and athletes who wish to qualify for the visa must show two of the following:

• A written consultation by an appropriate labor organization;
• Significant participation in a prior season with a major United States sports league;
• Participation in international competition with a national team;
• Significant participation in a prior season for a US college or university in intercollegiate competition;
• A written statement from an official of the governing body of the sport which details how the alien or team is internationally recognized;
• A written statement from a member of the sports media or a recognized expert in the sport which details how the alien or team is internationally recognized;
• The individual or team is ranked, if the sport has international rankings; or
• The alien or team has received a significant honor or award in the sport.

Spouses and children of the P1 visa holder may obtain a P4 visa to enter and remain in the US. The P4 visa holder may attend school but if he or she wishes to work, he or she must change his or her status to obtain a work visa.

The P1 Visa is appropriate for internationally recognized athletes or athletic teams entering the US to participate in an event of international standing; entertainers and entertainment companies recognized internationally as outstanding to tour the US or participate in events; and Distinguished circus artists who wish to work in the US

A P1 classification applies to an alien who is coming temporarily to the United States:

1. To perform at a specific athletic competition as an athlete, individually or as part of a group or team, at an internationally recognized level of performance, or
2. To perform with, or as an integral and essential part of the performance of, an entertainment group that has been recognized internationally as being outstanding in the discipline for a sustained and substantial period of time, and who has had a sustained and substantial relationship with the group (ordinarily for at least 1 year) and provides functions integral to the performance of the group.

P2 Visa (Artist/Athlete in an Exchange Program)

The P2 visa is designated for artists or entertainers individually or as part of a group entering the US temporarily as a part of an exchange program. There should be two organizations involved in this exchange program: one in the US and one abroad.

Artists and entertainers who wish to qualify for the visa must show the following:

• A written consultation by an appropriate labor organization;
• A copy of the formal reciprocal exchange agreement between the US organization(s) sponsoring the alien and the organization(s) in a foreign country which will receive the US artist or entertainer;
• A statement from the sponsoring organization describing the reciprocal exchange of US artists or entertainers as it relates to the specific petition for which classification is sought;
• Evidence the alien and the US artist or entertainer subject to the reciprocal exchange agreement are artists with comparable skills and that the terms and conditions of employment are similar; or
• Evidence that an appropriate labor organization in the US was involved in negotiating, or has concurred with, the reciprocal exchange of US and foreign artists or entertainers.

Spouses and children of the P2 visa holder may obtain a P4 visa to enter and remain in the US. The P4 visa holder may attend school but if he or she wishes to work, he or she must change his or her status to obtain a work visa.

The P2 Visa is appropriate for artists, entertainers and entertainment troupes or bands entering the US through a government recognized reciprocal exchange program and their support personnel.

A P2 classification applies to an alien who is coming temporarily to the United States to perform as an artist or entertainer, individually or as part of a group, or to perform as an integral part of the performance of such a group, and who seeks to perform under a reciprocal exchange program which is between an organization or organizations in the United States and an organization or organizations in one or more foreign states, and which provides for the temporary exchange of artists and entertainers, or groups of artists and entertainers.

P3 Visa (Artist/Athlete in a Culturally Unique Program)

The P3 visa is designated for teachers and coaches coming temporarily to perform, teach or coach as artists or entertainers, individually or as part of a group, under a program that is culturally unique

Teachers and coaches who wish to qualify for the visa must show the following:

• A written consultation from an appropriate labor organization;

• Documentation from recognized experts attesting to the authenticity of the alien's or group's skills in performing, presenting, coaching or teaching the unique and traditional art forms;

• Documentation that all of the performances or presentations will be culturally unique events; and

• Documentation that the performance of the alien or group is culturally unique.

Spouses and children of the P3 visa holder may obtain a P4 visa to enter and remain in the US. The P4 visa holder may attend school but if he or she wishes to work, he or she must change his or her status to obtain a work visa.

The P3 Visa is appropriate for artists and entertainers entering the US to perform in or coach a culturally unique program and their support personnel

A P3 classification applies to an alien artist or entertainer who is coming temporarily to the United States, either individually or as part of a group, or as an integral part of the performance of the group, to perform, teach, or coach under a commercial or noncommercial program that is culturally unique.

Contact a Texas Immigration Lawyer at Bertolino LLP

Bertolino LLP maintains offices in Austin, Houston and San Antonio. To reach an attorney in the Austin office, call 512.476.5757. For the Houston office, call 713.225.7474. You may also contact the firm by e-mail.