P-3 Visas for Artists or Entertainers of Culturally Unique Programs
Posted Oct 12, 1998
The most appropriate visa for a person who performs as an artist or entertainer, in an individual capacity or as part of a group where such a person is an integral part of the performance and is planning to enter the United States temporarily and solely to perform, teach or coach in a program that is culturally unique is referred to as the "P-3" visa. It is temporary in that it is only available for the period of time in which the beneficiary or beneficiaries will be actively engaged in performances. It is not the appropriate visa for permanent status. That would require filing for a "green card" or lawful permanent residence. However, due to processing delays and possible quotas, the earliest a green card could be obtained would be about one to two years. Recently, The Law Office of Sheela Murthy was pleased to represent a highly respected Kuchipudi dance troupe to obtain P-3 visas.
P-3 Visa
The P-3 visa is filed by a sponsoring organization or U.S. employer for foreign persons who wish to perform, teach or coach in a commercial or noncommercial program that is "culturally unique." A culturally unique program is one which the
(1) artist or entertainer has achieved excellence in developing, interpreting, representing, coaching or teaching a unique or traditional ethnic, folk, cultural, musical, theatrical or artistic performance; and
(2) the artist or entertainer is coming to the U.S. to promote and facilitate that art form.
Thus, there are two major requirements: First, it must be demonstrated that the persons have achieved excellence in their field; and second, the artist's trip is for the sole purpose of promoting and facilitating the art form.
These requirements seem fairly straightforward. However, there is documentation that is required to substantiate the claims that the person is acting in the context of a culturally unique program. The necessary documents must establish the following:
1. The person/s have been involved in a culturally unique program for a substantial period.
2. The person or group has achieved national or international recognition or acclaim.
3. The person/s or group/s skills are authentic and excellent as attested through letters, expert opinions or testimonials.
4. The majority of the performances will be culturally unique events.
It is also necessary to note that if there exists more than one geographic area in which the Beneficiary will perform, there must be a submission of the itinerary. If the agent of the group is the Petitioner, there must be submission of the itinerary and the contract.
The P-3 visa is not as common in comparison to the many employment based / nonimmigrant visas in the United States. There is a burden to prove that the performers are highly respected and well-known in their field of art. It is also necessary to prove that the artist or troupe will be working within the context of a culturally unique program. The Kuchipudi dance troupe has been performing for audiences all over the U.S. since June 1998 which will continue until January 1999. The Law Office of Sheela Murthy is pleased to have provided this opportunity for all of us to enjoy this culturally unique performance and we are happy to contribute towards building cross cultural bridges to make this world a better place!
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