NON-IMMIGRANT VISAS
Visa P - Persons with Extraordinary Ability & Members of the Entertainment Profession
O VISA
The O visa classification provides for the
admission of people with extraordinary ability in the sciences, arts, education,
business, athletics, motion picture and television production, and their
essential support personnel.
Only individuals qualify for the O-1 visa
category. In order for a group to qualify, each member would be required to meet
the extraordinary ability test. The visa is granted for a specific event, such
as a tour, lecture series or project.
O-2 VISA
For athletes and members of the entertainment
industry, a provision exists whereby aliens, who are an integral part of the
performance and have skills and experience that are not available in the United
States location, may apply for O-2 visas to accompany the O-1 visa holder.
P-1 VISA
The P- 1 visa classification provides for
admission into the United States of certain athletes, entertainers and artists,
and essential support personnel. Individual members of the entertainment
industry are not eligible for the P-1 visa classification, but individual
athletes are. For members of the entertainment industry, the visa will be issued
for a specific event only. However, individual athletes may be admitted for five
years and a team for a period of six months.
P-2 VISA
The P-2 visa classification provides for the
admission into the United States of an artist or entertainer, either an
individual or group, involved in a reciprocal exchange program between an
organization or organizations in the United States and one or more foreign
countries which provides for the temporary exchange of artists and entertainers.
P-3 VISA
The P-3 visa classification provides for the
admission into the United States of an artist or entertainer, either an
individual or group, to perform, teach, or coach under a program that is
culturally unique.
DO YOU QUALIFY FOR THE O OR P VISA? WHAT NEXT?
Your sponsor is required to file a petition,
Form I-129 O or P, on your behalf with
the Department of Homeland Security, United States Citizenship and Immigration Services (USCIS). Your
sponsor or employer should contact the
USCIS for information. In the case of an alien who is self-employed or who uses
agents to arrange employment with numerous employers, an agent may file the
petition with the USCIS. An agent may also file a petition on behalf of a
foreign employer.
It is the responsibility of DHS/USCIS to
determine whether the alien qualifies for O or P visa category. Any questions
concerning eligibility should be addressed to the appropriate USCIS office.
The USCIS offer a Premium Processing Service,
which expedites the processing of a nonimmigrant visa petition.
Read more...
WHAT HAPPENS ONCE THE PETITION HAS BEEN APPROVED BY USCIS?
After O or P petition has been approved in your
name, you will be required to apply for a visa before traveling to the United
States. The Notice of Action, form I-797A or B, is not valid for travel
unless accompanied by the appropriate visa.
Read more...
SPOUSES, CHILDREN & PARTNERS:
Spouses and/or children under the age of 21 who
wish to accompany or join the principal visa holder in the United States for the
duration of his/her stay require derivative O-3 or P-4 visas. The application
procedure is the same; the I-797A or B covers dependents. If the spouse and/or
children apply for visas at a later date, a copy of the principal visa holder’s
visa must be furnished with the application. Spouses and/or children who do not
intend to reside in the United States with the principal visa holder, but visit
for vacations only, may be eligible to apply for
visitor (B-2) visas, or if qualified, travel visa free under
the Visa Waiver Program.
Partners and common-law spouses should follow this link for
further information.
O-3 & P-4 VERSES F-1:
There is no requirement that the spouse and/or
children of an O or P visa holder apply for a student (F-1) visa if they wish to
study in the U.S.; they may study on derivative O-3 or P-4 visas. However, if
they are qualified, they may apply for the F-1 visa. If you have school age
children, you should refer to the regulations governing the issuance of F-1
visas.
WORKING ON AN O-3 OR P-4 VISA:
The holder of an O-3 or P-4 visa may not
work on a derivative visa. If he or she is seeking employment, the
appropriate work visa will be required.
PLEASE NOTE
No assurances regarding the issuance of visas
can be given in advance. Therefore final travel plans or the purchase of
nonrefundable tickets should not be made until a visa has been issued.
HOW TO APPLY
To apply for a visa as an
athlete, artist, entertainer, member of the entertainment profession, or a
person of extraordinary ability, click here.
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