The Law Offices of Diana Levy, P.A. - Non Immigrant Visas - Page 25
The Law Offices of Diana Levy, P.A. - Non Immigrant Visas - Page 25

 

P-1/P-2/P-3 Outstanding Athletes and Entertainers (Group)

P-1 entertainment groups may be admitted for the period of time necessary to complete the performance or event.

P-2 Artists and Entertainers under Reciprocal Exchange Programs

Unlike the P-1 classification, P-2 makes no demand that the artist or entertainer have attained any particular level of proficiency, prominence, renown, or even experience. Moreover, P-2 visas do not require a cultural or ethnic component. The statute authorizes P-2 visas either for individual artists or for groups. To qualify, the alien must be either an artist or be an entertainer with skills comparable to those of the U.S. entertainer participating in the exchange. The terms and conditions of employment for the U.S. and foreign participants should be similar. Thus, the artists or entertainers who will take part in the exchange should be of similar caliber. The proposed length of employment should be equivalent, and a similar number of individuals should be involved on both sides of the exchange.

The petition must include a copy of the formal reciprocal exchange agreement between the United States organization or organizations (including management organizations) sponsoring the aliens, and an organization or organizations in a foreign country that will receive the United States artists or entertainers.

P-3 Culturally Unique Artists and Entertainers

This category accommodates exponents of unique art forms that may be less well known to the public because, by their nature, they do not ordinarily receive the widespread acclaim and recognition enjoyed in the mainstream arts or at commercial venues.

For inclusion in this category, artists or entertainers must be coming to the United States primarily for cultural event(s) to further the understanding or development of that art form. Teachers and coaches, as well as performers, are eligible for P-3 status to encourage them to disseminate their knowledge.

The regulations require affidavits, testimonials, or letters from recognized experts which attest to the artist's authenticity, state the expert's credentials, and show the basis for knowing the artist's skill and recognition. Also required is evidence that all of the performances or presentations will be educational or cultural events. ''Culturally unique'' is defined as ''a style of artistic expression, methodology, or medium which is unique to a particular country, nation, society, class, ethnicity, religion, tribe, or other group of persons.''

P-3 aliens may be admitted for commercial or noncommercial performances.

Spouses and children of P nonimmigrants are admitted in P-4 status. They may not accept employment without an independent nonimmigrant classification permitting employment or another independent basis for employment authorization.
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