Monster.com: P-2 and P-3 Visas


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P-2 and P-3 Visas for Artists and Entertainers

Dancers, actors and other artists and entertainers coming to the US have special options for visas. To a large extent, the choice of visa depends on the reason for coming to the US and the individual's level of ability and achievement. While the O category applies to individuals of "extraordinary ability," the P category covers performers who do not meet the O visa's requirements. While the P-1 visa applies to a broad range of artists and entertainers, the P-2 applies to individuals involved in an exchange program and the P-3 to those participating in culturally unique programs.

P-2 Visas
The P-2 category of visas is reserved for individuals coming to the US through an exchange program in which a US-based and a foreign-based organization exchange artists and entertainers. The visas are available to both individuals and groups. The exchange programs have few requirements: That the people involved are of equal caliber, they will be employed in similar conditions for similar periods of time and there are similar numbers of people being exchanged.

The documents required in the P-2 application include:

A copy of the agreement between the US and foreign organizations about the exchange program.

A letter from the US organization describing the exchange program.

Evidence that a US labor union or similar organization was involved in negotiating the exchange.

Evidence that the foreign artists and entertainers in the US will be employed in conditions similar to those under which the US artists and entertainers will be employed abroad.

If you are considering applying for a P-2 visa, check with the organization that represents artists in your field. For example, the American Federation of Musicians has a P-2 program allowing for the exchange of American and Canadian musicians.

P-3 Visas
P-3 visas are granted to artists and entertainers who come to the US to participate in a "program that is culturally unique." What does that mean, exactly? That's not entirely clear. Does program refer to the performance's setting, too? After some initial confusion over this, the INS has clarified things. P-3 visas are issued as long as the performance itself is culturally unique.

To receive the P-3 visa, evidence must be submitted to indicate the performance's unique nature. This evidence should include letters from experts regarding the performance's authentic cultural uniqueness or other documentation indicating the culturally unique nature of the performance, such as material published in newspapers and trade journals.

The P-2 and P-3 visas also cover people coming to the US to work as support personnel for P-2 artists and entertainers. The application must contain a statement describing the individual's essential role and a copy of the contract or summary of the oral agreement between the worker and the employer.

Material from the immigration law firm of Siskind, Susser, Haas & Devine was used in this report. This information is provided as a public service and not intended as legal advice or the establishment of an attorney-client relationship.