The P-2 visa classification is designated for artists or entertainers, either an individual or group, who wish to enter into the U.S. temporarily as part of a reciprocal exchange program. There should be two organizations involved in this exchange program: an organization in the United States, and one abroad that provides for the temporary exchange of artists and entertainers.
Necessary documentation includes formal reciprocal exchange agreements, descriptions of the exchange program and evidence of qualifying skills.
Frequently Asked Questions about P-2 Visas
What are the Requirements for the P-2 Visa?
It must be proven that:
An exchange program exists between the U.S. organization and the foreign organization.
The people involved in the exchange program are of equal caliber, and will be employed in similar conditions for similar periods of time.
A person must be highly experienced and possess skills comparable to those of U.S. entertainers or artists in the reciprocal program.
An appropriate labor organization is involved in negotiating the reciprocal exchange program.
What are the Advantages of a P-2 Visa?
There are no travel restrictions on a P-2 visa.
A P-2 visa holder is permitted to engage in part time study.
The dependents of P-2 visa holders are allowed to engage in full time study on P-4 visa.
The spouse and unmarried children (under the age of 21) of the P-2 visa holder are permitted to enter into the United States under a P-4 status.
The P-2 visa holder may apply for adjustment of status and lawfully seek to become a permanent resident of the U.S.
What are the Limitations of a P-2 Visa?
The dependents of P-2 visa holders are not allowed to work during their stay in the U.S.
How Long are P-2 Visas Issued for?
A P-2 visa for artists or entertainers is valid for a time period required to complete the event, activity, or performance, but it should not exceed one year. On a P-2 visa, the applicants are permitted to extend the period of stay in the United States. Extensions may be authorized in increments of one year for the performers to complete the event or activity for which the visa holder was admitted.
Document Requirements
The sponsoring organization, an employer in the U.S., or the U.S. labor organization that negotiated the agreement should file the I-129 petition with:
Written advisory opinion from the appropriate labor organization which comments on the bona fides of the reciprocal program and whether it meets appropriate regulatory standard;
Formal reciprocal exchange agreement between the U.S. organization(s) sponsoring the alien and the organization(s) in a foreign country which will receive the U.S. artist or entertainer;
A statement from the sponsoring organization describing the reciprocal exchange;
Evidence that an appropriate labor organization in the U.S. was involved in negotiating or concurs with the reciprocal exchange program; and
Evidence that all exchange artists or entertainers are artists with comparable skills and that the terms and conditions of employment are similar.
NOTE: If the events or performances will take place in multiple areas, an itinerary must be submitted with the P visa petition. The itinerary must set forth the dates and locations of the events.
When to file:
Petitions should be filed as soon as possible, but no more than 6 months before the proposed employment will begin or the extension of stay is required. If the petition is not submitted at least 45 days before the employment will begin, petition processing and subsequent visa issuance may not be completed before the person's services are required or previous employment authorization ends.
Validity of a P-2 Visa:
P-2 visas are granted for the time necessary to complete the event up to one year and extensions for a similar period.
Essential Support Personnel
This category applies to persons who are an integral part of the performance of a P-1, P-2, or P-3 “because he or she performs support services which cannot be readily performed by a U.S. worker and which are essential to the successful performance.” The person must have the appropriate qualifications to perform the services, critical knowledge of the specific services and experience in providing such support.
Document Requirements:
The petition must be filed in conjunction with the petition for a P-1, P-2 or P-3 alien by a U.S. employer and must be filed with:
A written consultation from an appropriate labor organization which evaluates the person’s essentiality to and working relationship with the artist or entertainer and states whether U.S. workers are available;
A statement regarding the person’s prior essentiality, critical skills and experience with the principal beneficiary of the underlying P-1, P-2 or P-3;
A copy of any written contract or summary of the terms of the oral agreement under which the person will be employed.
NOTE: If the events or performances will take place in multiple areas, an itinerary must be submitted with the P visa petition. The itinerary must set forth the dates and locations of the events.
When to file:
Petitions should be filed as soon as possible, but no more than 6 months before the proposed employment will begin or the extension of stay is required. If the petition is not submitted at least 45 days before the employment will begin, petition processing and subsequent visa issuance may not be completed before the person's services are required or previous employment authorization ends.
Validity of visa for essential support personnel:
Visas for essential support personnel are granted for the time necessary to complete the event up to one year and extensions for a similar period.
P-4 Spouses and Dependents
A spouse and children may be granted P-4 visas to accompany a P-1, P-2 or P-3 visa holder. P-4 visas holders may only be admitted for the same period of time as the principal beneficiary.
What happens after a P-1, P-2, or P-3 visa petition is approved?
Applying for the Visa:
If the beneficiary of the P visa petition is outside of the country when the petition is approved, he/she must apply for a visa at a U.S. Consulate.
Some beneficiaries may be visa exempt. In those cases, the I-129 approval notice is sent to the port of entry (POE) where the beneficiary intends to apply for admission. For specific procedures on Visa Application Procedures, Required Documentation and Visa Ineligibility Waiver, please visit Visa Services at the Department of State.
If the beneficiary is already in the U.S. and is changing from one nonimmigrant status to another, a visa is not required. However, a visa may be required if the beneficiary subsequently leaves the U.S. and wishes to re-enter.
Entry into the U.S.
Please be aware that a visa does not guarantee entry into the United States. The U.S. Customs and Border Protection (CBP) has authority to deny admission at the port of entry to any applicant who is inadmissible under INA, even if the applicant has a visa. Also, the CBP, not the consular officer, determines the period for which the bearer of a temporary work visa is authorized to remain in the United States. At the port of entry, CBP officials issue Form I-94, Record of Arrival-Departure, which notes the length of stay permitted. The decision to grant or deny a request for extension of stay, however, is made solely by the USCIS.
