P Visa Category

The P category covers those entertainers and athletes who cannot qualify under the extraordinary ability standard for the O category. The only other category in which entertainers or athletes may be admitted to the United States is the H-2B category, requiring a labor certification; the H-1B category specifically excludes from coverage those aliens fitting within the O and P categories. It is important to note that in most cases accompanying aliens are not permitted for P entertainers and athletes. It should also be noted that the P category maintains the requirement that the alien have a foreign residence that he or she has no intention of abandoning.

The P-1 Visa Category.

The P-1 category is set aside for:

• alien athletes who compete individually or as part of a team at an internationally recognized level, and

•  aliens who perform with, or are an integral and essential part of the performance of, an entertainment group that has received international recognition as "outstanding" for a "sustained and substantial period of time."

The distinction between athletes and entertainers in this subcategory is important to keep in mind:

• Individual athletes may be admitted to the United States as P-1 aliens, but not individual entertainers.

•  The only basis for approval of a P-1 petition for a single entertainer is when the entertainer will be coming to the United States to join a foreign-based entertainment group.

•  All other single performers coming to the United States must qualify on an individual basis as an O-1 entertainer of extraordinary ability or must qualify in the H-2B category for temporary workers coming to fill temporary positions in the United States.

The P-2 Visa Category

The P-2 category covers artists and entertainers, including individuals or groups, who seek to be admitted through a reciprocal exchange program between a foreign-based and U.S.-based organization (including a management organization) which are engaged in the temporary exchange of artists and entertainers. The exchange of artists or entertainers must be similar in terms of caliber of artists or entertainers, terms and conditions of employment (such as length of employment), and number of artists or entertainers involved in the exchange. Note, however, that the latter requirement does not preclude individual for group exchanges.

A petition for P-2 classification must be accompanied by:

• A copy of the formal reciprocal exchange agreement between the U.S. organization which is sponsoring the aliens and an organization in a foreign country which will receive the U.S. artists or entertainers;

• A statement from the U.S. sponsoring organization describing the reciprocal exchange of U.S. artists or entertainers;

• Evidence that an appropriate labor organization in the U.S. was involved in negotiating or has concurred with the reciprocal exchange of U.S. and foreign artists; and

• Evidence that the aliens for whom P-2 classification is being sought and the U.S. artists and entertainers subject to the reciprocal exchange agreement are artists or entertainers with comparable skills, and that the terms and conditions of employment are similar  

The P-3 Visa Category

Standard for P-3 classification. The rules provide that P-3 classification may be accorded to artists or entertainers, individually or as a group, coming to the United States for the purpose of developing, interpreting, representing, coaching, or teaching a unique or traditional ethnic, folk, cultural, musical, theatrical, or artistic performance or representation. "Culturally unique" means 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. The artist or entertainer must be coming to the United States to participate in a cultural event or events which will further the understanding or development of his or her art form. The program may be of a commercial or noncommercial nature.