P-3 VISA-ARTIST OR ENTERTAINER COMING TO BE PART OF A CULTURALLY UNIQUE PROGRAM
8 CFR § 214.2(p) Petitions for Temporary Nonimmigrants Employees
The P-3 classification to foreigners coming to the U.S. temporarily to perform, teach or coach as artists or entertainers, individually or as part of a group, under a program that is culturally unique. The person or group must be coming to develop, interpret, represent, coach or teach a unique or traditional ethnic, folk, cultural, musical, theatrical, or artistic performance or presentation.
It is also given to those coming to participate in a cultural event or events which will further the understanding or development of your art form. The program can be commercial or noncommercial.
It is given initially for no more than 1 year and renewed for 1 year at a time. Their qualified dependents will get P-4 status and cannot work, but may attend school or college.
Who can File and What to File
Any qualified US Employer Organization can file Form I-129 including the following supporting documentation as madatory initial evidence:
- A written consultation from an appropriate labor organization
- A copy of the contract between the petitioner and the beneficiary or the summary of the terms of an oral agreement between the petitioner and the beneficiary
- An explanation of the event and itinerary
- Affidavits, testimonials or letters from recognized experts attesting to the authenticity of your or your group’s skills in performing, presenting, coaching or teaching the unique and traditional art forms and giving the credentials of the expert including the basis of his or her knowledge of your or your group’s skills; OR documentation that your or your group’s performance is culturally unique as evidenced by reviews in newspapers, journals or other published
- Documentation that all of the performances or presentations will be culturally unique events
- If the events or performances will take place in multiple areas, an itinerary listing the dates and locations of the events must be submitted.
Once the visa petition is approved, USCIS will send it to a U.S. embassy or consulate
for the beneficiary to complete the visa application process.
Essential Support Personnel are Also Eligible for P-3 Status
Essential Support Personnel who are an integral part of the performance of a P-3 artist or performer, performing support services that cannot be readily performed by a U.S. worker can file a separate Form I-129 application
- A consultation from an from an appropriate labor organization with expertise in the area of the support person’s skill
- A statement describing the prior and current essentiality, critical skills, and experience of the beneficiary with the P-3 beneficiary and
- A copy of a written contract between the employer and the support person or a summary of the terms of the oral agreement