P Visas

Helping Athletes, Entertainers, and Performers Work in the U.S.

The P visa is a temporary non-immigrant visa for internationally recognized athletes, artists, entertainers, and performers who wish to work in the United States. This visa allows individuals and groups to participate in competitions, tours, performances, and other culturally significant events.

Gagliano Law, PLLC, assists individuals, teams, and organizations in obtaining P visas, ensuring compliance with U.S. immigration laws and helping applicants meet the necessary qualifications.

What Is the P Visa?

The P visa category is divided into different classifications based on the type of performer or athlete:

• P-1A Visa – For internationally recognized athletes competing at an elite level, either individually or as part of a team
• P-1B Visa – For internationally recognized entertainment groups
• P-2 Visa – For artists or entertainers in a reciprocal exchange program between the U.S. and another country
• P-3 Visa – For artists or entertainers coming to the U.S. to perform, teach, or coach in culturally unique programs

P visa holders must have a U.S. sponsor or employer and a contract or agreement outlining their planned activities in the country.

The P Visa Application Process

Applying for a P visa involves several steps:

1. Establishing Eligibility

Applicants must demonstrate that they meet the qualifications for the P visa category they are applying for. This includes:

• International recognition for P-1A and P-1B applicants
• A reciprocal exchange agreement for P-2 applicants
• A culturally unique performance or program for P-3 applicants

2. Filing Form I-129

The U.S. employer, sponsor, or agent must file Form I-129 (Petition for a Nonimmigrant Worker) with U.S. Citizenship and Immigration Services (USCIS). The petition must include:

• A contract between the petitioner and the visa applicant
• A written consultation letter from a relevant labor organization or industry group
• Proof of eligibility, such as awards, press coverage, rankings, or records of past performances or competitions

3. USCIS Review and Decision

Once USCIS reviews the petition, it may approve, deny, or request additional evidence. If approved, the applicant can proceed with visa stamping at a U.S. embassy or consulate abroad.

P Visa Duration and Extensions

P visa durations depend on the category:

• P-1A Athletes: Up to five years, extendable to a maximum of ten years
• P-1B Entertainment Groups: Up to one year, with one-year extensions for ongoing performances
• P-2 and P-3 Artists/Entertainers: Up to one year, with extensions in one-year increments for continuing performances or programs

P visa holders can also bring support personnel (coaches, trainers, technicians) under the P-1S, P-2S, or P-3S visas and immediate family members under the P-4 visa (though P-4 holders cannot work in the U.S.).

Rights and Responsibilities of P Visa Holders

P visa holders have specific rights under U.S. immigration law, including:

• The ability to work only for the petitioning employer or sponsor
• Protection under U.S. labor laws, ensuring fair wages and working conditions
• The right to change employers, provided the new employer files a new P visa petition

Employers must comply with federal labor and immigration laws, including honoring contractual obligations and reporting significant job changes to USCIS.

Processing Time and Premium Processing

P visa petitions typically take several months to process, depending on USCIS workload. Premium processing is available for an additional fee, reducing review time to 15 days.

Transitioning from a P Visa to a Green Card

P visa holders who wish to apply for permanent residency (a green card) may explore options such as:

• EB-1A Extraordinary Ability Green Card (for highly accomplished athletes and entertainers)
• EB-2 National Interest Waiver (NIW) (for individuals whose work benefits the U.S. significantly)
• Employer-sponsored green cards for ongoing work in the U.S.

Unlike some other visa types, the P visa does not require applicants to prove non-immigrant intent, making it easier to transition to a green card if eligible.