Artists, Athletes, and Entertainers: O, P, and Q Visas26 Sep 2013
There are various nonimmigrant options that may be available to foreign national artists, athletes, entertainers, and those who wish to participate in a cultural exchange program in the United States. Choosing the right classification for an individual or group engaged in any such activities may sometimes be challenging. Therefore, it is important to understand the similarities and differences between the potential classifications when determining the course of action that would best meet the objectives of a specific individual or group.
Overview of O-1 for Extraordinary Ability or Achievement
The O-1 nonimmigrant category is reserved for individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics (O1A), or who have a demonstrated record of extraordinary achievement in the motion picture or television industry (O1B). The request for the O-1 classification is filed with the U.S. Citizenship and Immigration Services (USCIS) by the petitioning employer or agent no more than one year prior to the start of the proposed activity or employment, as is typical in the arts and entertainment industries. The O-1 classification request may be based on a single offer of employment or multiple offers of employment. The initial petition can be valid for up to three years. Extensions can be granted in one-year increments for an unlimited duration.
Written Consultation Requirement
As part of the required proof in an O-1 case, the petition must be supported by a written advisory opinion known as a consultation. This opinion must be issued by an appropriate peer group or labor organization, unless such a group or organization does not exist. If such a group does not exist, the case decision will be made based on the evidence of the beneficiary’s qualifications submitted with the petition.
O-2 Accompanying and Assisting O-1
The O-2 category is for individuals who accompany O-1 principals in the fields of the arts or athletics. The O-2 designation is limited to foreign nationals who can establish that they provide assistance that is an “integral part” of the O1A’s specific event or performance, or who are “essential” to the O1B’s production.
P Classification for Artists, Athletes, and Entertainers
Overview of the P-1 Classification
The P-1 classification is available to internationally-recognized athletes coming to the United States, individually or as a member of a group or team, to perform at a specific athletic performance. P-1 is also appropriate for entertainers who are coming to the U.S. to provide an integral and essential portion of a performance as part of the entertainment group with which they have been affiliated for at least one year, and that is recognized internationally as outstanding.
Overview of the P-2 Category
The P-2 category is for artists and entertainers who are coming to the United States, either individually or as a group, to perform in a reciprocal exchange program between one or more U.S. and foreign counterpart organizations. This category is rarely used because of the extremely limited eligibility criteria. However, it should not be overlooked in cases where an appropriate exchange program does exist. Essential support personnel of P-2 principals can be sponsored for P2S classification.
Overview of the P-3 Category
P-3 visas are available to culturally unique artists and entertainers who are coming to the United States, individually or as a group, to perform, teach, or coach under a commercial or noncommercial program that is culturally unique. P3S classification is for essential support personnel of P-3 principals.
Duration and Procedural Requirements for the P Classification
Similar to O-1 petitions, requests for P classification are subject to a consultation requirement from an appropriate peer group or labor organization, but this requirement can be waived in certain circumstances. The petition must be filed by a U.S. employer or a duly authorized agent. Unlike the O-1 classification, however, which can be extended indefinitely, the P-1 / P-2 / P-3 classifications for an individual athlete or entertainer can be approved for the time needed to complete the proposed activity, not exceeding five years, with the total stay limited to 10 years. For an athletic or entertainment group, the initial approval period can be up to one year, with possible extensions in one-year increments as needed to complete the proposed activity. Essential support personnel in P1S / P2S / P3S classifications can be sponsored for an initial period of one year, with possible extensions in increments of five years, not to exceed ten years.
Q Classification for Cultural Exchange
The Q classification, while not specifically for artists, athletes or entertainers, can be appropriate for such individuals in connection with designated programs. This category is for those who participate in international cultural exchange programs designated by USCIS. Such a program must be established to provide practical training, employment, and the sharing of the history, culture, and traditions of the country of the individual’s nationality. The employer must show that the Q foreign national’s proposed activities will take place in a school, museum, business, or other establishment where the American public will be exposed to the foreign culture as part of a structured program.
The Q classification originated as a counterpart to the J-1 exchange program administered by the U.S. Department of State (DOS), and it is often referred to as a “Disney” visa, due to its original promotion and use by that company. The maximum stay in Q status is 15 months. The sponsored exchange visitor is not eligible for a new period in Q status after completing the maximum stay until the individual remains outside of the United States for one year.
There are numerous nonimmigrant classification possibilities for artists, entertainers, and athletes. It should be noted, however, that it is possible for a specific individual or group to potentially qualify for more than one category. It is important to consider not only each candidate’s personal accomplishments, but other factors, including timing and whether essential personnel is needed, when devising the best course of action. The Murthy Law Firm has experience in successfully representing a wide variety of highly qualified people who wish to come to the United States to participate in athletic, entertainment, artistic, and cultural events.
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