P-2 and P-3 Visas for Performers, Artists, and Entertainers in Reciprocal Exchange Programs and Culturally Unique Programs

USA flag pin in international collectionIf you are coming to the U.S. to perform, teach, or coach under a reciprocal exchange program or a culturally unique program, you may be eligible for a P-2 or P-3 visa.

P-2: Performer or Group Performing under Reciprocal Exchange Program

The P-2 visa is available for individual and group performers coming to the U.S. to perform as part of a reciprocal exchange program between an organization in the U.S. and an organization in another country.  Essential support personnel such as trainers or stagehands who are an integral part of the artist’s performance are also eligible for a P-2 visa.

Length of Stay:  Initial period is the time needed to complete the event, competition or performance, not to exceed 1 year.  Extensions may be granted for increments of up to 1 year in order to continue or complete the event, competition or performance.

Availability:  Unlimited (no cap).

Deadlines:  None.

Eligibility:  An artist or entertainer entering the U.S. through a government recognized reciprocal exchange program.  Must possess skills comparable to those of the U.S. artists taking part in the program outside the U.S.

Evidence Required:  In addition to submitting a consultation, a written advisory opinion from a labor organization with expertise in the field, there must be evidence of the following:

  • The foreign artist and the U.S. artist subject to the reciprocal exchange agreement possess comparable skills and the employment terms are similar; and
  • The U.S. labor organization was involved in negotiating the reciprocal exchange.

Who Files the Petition:  Must be filed by a U.S. employer, a U.S. sponsoring organization, a U.S. agent, or a foreign employer through a U.S. agent.[1]

P-3: Artist or Entertainer Coming to be Part of a Culturally Unique Program

International dancersFor artists and entertainers who are coming to the U.S. to perform, teach or coach, individually or as part of a group, under a culturally unique program, the P-3 visa is available.  Essential support personnel such as coaches, trainers and other team officials who are an integral part of the artist’s performance are also eligible for a P-3 visa.

Length of Stay:  Initial period is the time needed to complete the event, activity or performance, not to exceed 1 year.  Extensions may be granted for increments of up to 1 year in order to continue or complete the event, activity or performance.

Availability:  Unlimited (no cap).

Deadlines:  None.

Eligibility:  Must be coming to the U.S. for the purpose of developing, interpreting, representing, coaching, or teaching a unique or traditional ethnic, folk, cultural, musical, theatrical, or artistic performance or presentation.  Must also participate in cultural event(s) that will further the understanding of the art form.  May be of a commercial or noncommercial nature.

Evidence Required:  In addition to submitting a consultation, a written advisory opinion from a labor organization with expertise in the field, there must be evidence of the following:

  • Documentation that the performances will be culturally unique; and
  • Affidavits from experts who can speak to the authenticity of the individual or group’s skills in performing, coaching or teaching the unique art form, OR newspaper articles and reviews showing that the performance is culturally unique.

Who Files the Petition:  Must be filed by a U.S. employer, a U.S. sponsoring organization, a U.S. agent, or a foreign employer through a U.S. agent.[2]

Do you qualify for the P-2 or P-3 Visa?

To find out if you qualify for the P-2 or P-3 visa, and how to complete an application, schedule a complimentary 15-minute consultation with The Grady Firm’s attorneys; call +1 (323) 450-9010; or fill out a Contact Request Form.

About The Grady Firm, P.C.

JGrady Firm-Logo-2016The Grady Firm, P.C. is dedicated to providing exceptional legal counsel to entrepreneurs and their families at all stages of the business life cycle. We deliver superior customer service and holistic strategies tailored to each client’s background and goals.  As a truly global practice, The Grady Firm attorneys provide the business, immigration, employment, intellectual property, and cultural counseling that U.S. and foreign entrepreneurs need to be successful in a new market. Our tech-savvy, multi-lingual attorneys are fluent in Spanish, Italian, German, and Farsi.  They are licensed in California, and can practice immigration and intellectual property in all 50 U.S. states.  With offices in Beverly Hills and San Diego, California, the firm serves clients from around the world.

*This article is for informational purposes only, and does not constitute legal advice or create an attorney-client relationship. This article does not make any guarantees as to the outcome of a particular matter, as each matter has its own set of circumstances and must be evaluated individually by a licensed attorney.

[1]https://www.uscis.gov/sites/default/files/USCIS/New%20Structure/Laws%20and%20Regulations/Memoranda/2009/o-p-visa-agents-11-20-2009.pdf

[2]https://www.uscis.gov/sites/default/files/USCIS/New%20Structure/Laws%20and%20Regulations/Memoranda/2009/o-p-visa-agents-11-20-2009.pdf

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