Some athletes, performers, and musical groups are so skilled at what they do that they create fans all over the world. These fans in the United States crave the experience of seeing their favorite athletes and performers who hail from other countries live, creating demand for shows, exhibitions, and nationwide tours. This creates a unique need for temporary visas for international performers and athletes who wish to travel to the U.S. to display their unique skills and abilities.
Fortunately, there is a specific category of visas under U.S. immigration law that is specifically designed for these types of situations. These visas are called P-visas. Sponsoring organizations in the United States such as athletic organizations and entertainment companies can file the proper documentation to facilitate permission for skilled athletes, performers, and their support staff to perform in the U.S. It is important for everything to be completed correctly to avoid having to reschedule performances or tour dates. An experienced P-visa lawyer could help make sure that everything is prepared and filed correctly to ensure a smooth transition.
Often, the applicant for a P-visa will be a business that employs performers or athletes who want to travel to the United States as part of a group or team. The group or team may have its own business or may be represented by a larger athletic or performing organization, a university or other performing arts center, or a management company. Having the business apply on behalf of the members can help streamline the process of planning a national tour where multiple U.S. businesses will be employing the P-visa holders.
There are four different types of P-visas: P-1A, P-1B, and P-3. Each type of visa requires a sponsoring organization that can file the petition on behalf of the individual or group who wants to come to the United States to compete or perform. Immediate family members of P-visa holders may also be granted entry into the United States with a P-4 visa. A lawyer is the most appropriate person to consult to help an organization determine which P-visa type is right for their situation.
The P-1A visa applies to athletes traveling temporarily to the United States for the sole purpose of performing at a specific athletic competition or event. For example, the P-1A visa would be appropriate for professional athletes or internationally recognized athletes or teams. This visa could also be used for an athlete or coach who is part of a team or franchise located in the United States who is a member of a foreign league or association, or for athletes coming to the United States to perform in a theatrical athletic production like an ice skating production or gymnastics expo.
The P-1B visa is the correct visa for an internationally recognized entertainment group that plans to temporarily visit the United States for a show or tour opportunity. The P-1B visa is only for groups that have existed for at least one year. Furthermore, at least 75 percent of the group must have had a substantial and sustained relationship with the group during a period of at least one year as well. Though these standards are typically strictly enforced, certain groups, such as circus performers or long-running nationally known entertainment groups, may be able to have some of the requirements waived.
For individual artists or groups who are performing under a reciprocal exchange program between the U.S. and another country, the P-2 visa is the correct choice. Currently, five reciprocal agreements exist between the following organizations: the American Federation of Musicians (U.S.) and the American Federation of Musicians (Canada); the Actor’s Equity Association (U.S.) and the Canadian Actors’ Equity Association; the Actor’s Equity Association (U.S.) and the British Actors’ Equity Association; the International Council of Air Shows and the Canadian Air Show Association; and the Alliance of Canadian Cinema Television and Radio Artists (ACTRA) and the Screen Actors Guild – American Federation of Television and Radio Artists (SAG-AFTRA). If there is a reciprocal agreement between two organizations other than those listed above, immigration officials will review it to see if it meets the regulatory standard for the P-2 visa.
Finally, the P-3 classification applies to foreign nationals visiting the U.S. temporarily to perform, teach, or coach as artists or entertainers, individually or as part of a group, under a culturally unique program. Individuals or groups may apply for the P-3 visa. This type of visa is most appropriate for artists or entertainers who hope to develop, represent, or teach a unique or traditional form of cultural, musical, dramatic, or artistic performance or interpretation. These performances may be for commercial purposes or can be simply educational in nature.
The length of stay granted under a P-visa depends on the amount of time necessary for the competition or performances to be complete. However, generally speaking, P-1A visas for individual athletes may be granted for a period of up to five years, whereas beneficiaries under the P-1B, P-2, and P-3 visas may only be granted for periods not to exceed one year. However, these P-visa holders may be granted unlimited extensions of stay in increments of up to one year to continue or complete the same activity, event, or performance with the appropriate petitions.
Celebrating achievements in athletics and the arts transcends national borders. If your entertainment company or athletic organization is planning a tour or exhibition featuring individuals from other countries, you need the right legal team to make sure your performers and their support staff will be permitted to enter the U.S. without immigration hangups.
Our P-visa lawyers could help make your performance or athletic exhibition a reality by helping bring the essential personnel to the United States. Contact us to avoid immigration headaches and costly delays that could impact your organization’s goals.
