The P-3 classification is for artists or entertainers, individually or as a group, coming to the U.S. for the purpose of developing, interpreting, representing, coaching, or teaching a unique or traditional ethnic, folk, cultural, musical, theatrical or artistic performance or presentation. The P-3 visa holder must be coming to the U.S. to participate in a commercial or noncommercial cultural event which will further understanding or development of his or her art form.
Petition Document Requirements
The sponsoring organization or U.S. Employer should file the I-129 petition with:
A written consultation from an appropriate labor organization which evaluates the cultural uniqueness of the person’s skills, states whether the events are mostly cultural in nature, and states whether the event or activity is appropriate for P-3 classification;
Affidavits, testimonials or letters from recognized experts with the basis of their knowledge attesting to the person’s skills in performing, presenting, coaching or teaching the unique and traditional art form;
Documentation that the performance is culturally unique, as evidenced by published materials; and
Evidence that all performances will be culturally unique events.
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-3 Visa:
P-3 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.