The P3 visa is a nonimmigrant (temporary) visa for artists and entertainers who are coming to the United States to temporarily perform, teach, or coach (individually or as part of a group) under a culturally unique program. The P3 culturally unique program can be commercial or noncommercial.
The P3 visa worker can use a separate P3S visa to bring their support staff with them to the United States.
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Table of Contents
A qualified P3 visa worker must be an artist or entertainer who (1) is coming to the United States to temporarily perform, teach, coach, represent, develop, interpret their particular art, and (2) the cultural event(s) that the person will be attending under the culturally unique program supports the understanding or development of an art form.
Culturally unique means a style of artistic expression, medium, or methodology that is unique to a specific country, nation, class, society, religion, tribe, ethnicity, or other groups of persons. For example, the art involved under the P3 visa can be in the form of unique or traditional ethnic, folk, cultural, musical, theatrical or artistic performance or presentations, or distinctive artistic expression that is a fusion or hybrid of artistic traditions or styles from multiple regions or cultures.
The original statutory wording for the P3 visa qualified persons can be found in 8 CFR 214.2(p)(6).
The P3 visa can be granted an initial period of stay for up to 1 year depending on how much time is required to complete the event or performance. The P3 visa workers are allowed to enter the United States 10 days before the visa start date and stay an additional 10 days after the visa end date. However, the P3 visa workers cannot work in those additional 20 days.
Renewals of the P3 visa (extensions of stay) may be granted for up to 1 year in increments depending on how long the P3 visa worker needs to finish their initial event or performance.
The P3 visa has two main requirements that need to be satisfied: evidence must be provided to the USCIS to show that the artist or entertainer (1) is coming to the United States to temporarily perform, teach, coach, represent, develop, interpret their particular art, and (2) the cultural event(s) that the person will be working at under the culturally unique program supports the understanding or development of an art form.
Documents Required for the P3 Work Visa (Culturally Unique Program)
The evidence provided to the USCIS for the P3 visa must show:
- (A)
- The P3 visa worker will continue to work (temporarily in the United States) in the same area of expertise under the culturally unique program that was used as the basis to apply for the P3 visa
The P3 work visa petition requires the person to prove that they will continue to work temporarily in the same area of expertise that was used as the basis to apply for the P3 visa after entering the United States with their approved visa.
P3 Visa Sponsoring Employer (or Agent)
The P3 work visa petition requires the entertainment group to be sponsored by a U.S. employer (or agent), which means that only the U.S. employer (or agent) can initiate and pay for a P3 visa. A P3 visa sponsoring employer (or agent) can be an (a) U.S. employer, (b) U.S. agent, or (c) foreign employer through a U.S. agent. The sponsoring employer (or agent) should have a (FEIN) federal employer identification number. A foreign employer here can be the foreign person themselves if they are self-employed.
Contracts
A contract between the sponsoring employer (or agent) and the P3 visa worker must be provided. The content must include the terms and conditions of the P3 visa worker’s employment, the specific wage offered, and details of any additional services provided. Offers of employment are not enough to satisfy the standards here. Evidence required can include:
- A copy of the written contract. (recommended)
- A summary of the terms of the oral agreement.
When the P3 visa sponsoring person (or entity) is a U.S. agent that is performing the function of an employer, the additional evidence required are:
- A written contract with the P3 visa worker that includes the wage, employment terms, and details on additional services.
- An itinerary that includes definite employment and information on any other services planned.
When the sponsoring person (or entity) is a U.S. agent that is representing both the P3 visa worker and one or more employers, the additional evidence required are:
- Documents that show the sponsoring U.S. agent is authorized to act as an agent for the P3 visa worker and all the other entities that the P3 visa worker is contracted to perform services for.
- The contracts between the P3 visa worker and all the other entities that the P3 visa worker will perform services for should include an explanation of the terms and conditions of employment.
- An itinerary that shows the specific dates of the services or engagements, the names and addresses of the contracted entities, and the name and addresses of the establishments, venues, or locations where the services are performed.
When the P3 visa sponsoring person (or entity) is a U.S. agent that is filing on behalf of a foreign employer, the additional evidence required are:
- Documents that show the P3 visa sponsoring U.S. agent is authorized to file this petition and accept service of process on behalf of the foreign employer.
- Copies of any written contracts (or summary of the terms of the oral agreement) between the P3 visa worker and the foreign employer.
Itinerary and Nature of the Event
An itinerary and an explanation of the event or activities that the P3 visa worker will be participating in must be provided. Activities such as promotional appearances, short vacations, stopovers that are incidental or related to the main event or performance of the P3 visa can be included. The P3 visa worker’s service must be for already planned specific events and not for freelance work or potential engagements. Evidence required can include:
- Itinerary that shows the dates, name(s) of the employer(s) or sponsor(s), and the location of the event.
- An explanation of the nature of the event or activities.
- The start and end dates of the event or activities.
Consultation (Written Advisory Opinion)
A written advisory opinion on the P3 visa worker’s qualifications and the nature of the work must be provided. The written advisory opinion must come from the appropriate U.S. labor organization in the P3 visa worker’s field of expertise.
The content of the written advisory opinion must include information about the P3 visa worker’s qualifications, the nature of the duties that will be performed in the United States, evaluation of the cultural uniqueness of the P3 visa worker’s skills, statement of whether the events or activities are cultural in nature, and details on whether the events or activities are appropriate for the P3 visa requirements. Evidence required can include:
- Written advisory opinion (that includes the content required and is signed by an authorized official from the organization or group).
- Letter of no objection (when the consulting organization has no objection of the P3 visa petition being approved).
- (B)
- The P3 visa worker under the culturally unique program is participating in performing, developing, interpreting, representing, teaching, or coaching the art form of a unique or traditional ethnic, folk, cultural, musical, theatrical, or artistic performance or presentation
The P3 work visa petition requires the person to prove that they will be performing, developing, interpreting, representing, teaching, or coaching the art form of a unique or traditional ethnic, folk, cultural, musical, theatrical, or artistic performance or presentation. Evidence required can include:
- Affidavits, testimonials, letters from recognized experts verifying that the P3 artist, entertainer or group has the skills to perform, present, coach, or teach the unique and traditional art forms (the statement must include the expert’s credentials, attest and explain the P3 visa worker’s skills or knowledge of the particular culture, and a detailed description of the art form’s traditional or unique nature)
- Reviews that show the art performances are culturally unique can be published in:
- Newspapers
- Journals
- Other published materials
- Documents that show all performances or presentations will be culturally unique events can include but is not limited to:
- Contracts that show details of the events
- Detailed itinerary
- Flyers on all the upcoming events
- Documents that show the P3 visa workers are an established group that performs at culturally unique events
The original statutory wording for the P3 visa requirements can be found in 8 CFR §214.2(p)(6)(ii).
The total time a P3 visa takes is consisted of the processing time for the (1) P3 visa petition (Form I-129) with the USCIS and the (2) visa application (DS-160) at a U.S. consulate or embassy overseas if the person is not already in the United States or is ineligible to do a change of status within the United States.
Factors that influence the P3 visa processing time usually include but are not limited to if there was any Request for Evidence (“RFE”) issued, and the caseload of the USCIS service center and the U.S. consulate or embassy.
Premium Processing for Form I-129 (Expedited Service)
A rough estimate for the Form I-129 petition for the P3 visa is around 3 to 4 months. However, a 15-day premium processing (Form I-907) is available for the Form I-129 part of the P3 visa petition. Premium processing is an optional expedited service where the USCIS guarantees that the case will be processed within 15 calendar days (not business days). When a notice of intent to deny (NOID) or a request for evidence (RFE) is issued, a new 15 calendar days will start when the USCIS receives a response from the applicant. If the USCIS fails to process within the time frame, a refund of the service fee will be given and the case will continue to be expedited. Please note that USCIS’s guaranteed response may be an approval notice, denial notice, notice of intent to deny (NOID), request for evidence (RFE), or open an investigation for fraud or misrepresentation.
The current premium processing fee for the P3 visa is $2500 USD and it can be requested when the original petition is submitted to the USCIS or an upgrade to premium processing can be done when the case is pending.
After the USCIS approves the P3 visa petition (Form I-129), the person will then need to change into their P3 visa status. There are 2 ways to change into the P3 visa status: change of status (done in the United States) and consular processing (done outside of the United States).
Change of status is usually for a person who is already in the United States with another valid nonimmigrant visa status and has maintained a lawful visa status throughout their time in the United States. On the other hand, consular processing is for a person who lives outside the United States or for a person who is ineligible to change their status in the United States due to noncompliance of U.S. immigration law (e.g., overstayed on their previous visa status, worked when they did not have valid U.S. work authorization, the visa status they used to enter the United States does not allow them to change into another type of visa status, etc.)
For a person who is residing overseas (outside the United States) or a person who is ineligible for change of status with the P3 visa petition (Form I-129), consular processing must be done to obtain the P3 visa status. Consular processing involves the person attending an in-person interview at the U.S. consulate or embassy usually in the person’s home country. In certain circumstances, a person can do consular processing in another country as a “Third Country National.”
After the interview approval at the U.S. consulate or embassy, the person would have to be admitted entry into the United States by the CBP officer at the border (usually at the airport) which means that the person would have to physically enter the United States as the final step for the P3 visa status to be activated.
For a person who is already in the United States with another valid nonimmigrant visa, there are usually two options available to obtain the P3 visa status:
(1) Change of Status: this is the more commonly chosen option where the person states that they would like to change their status without leaving the United States in their P3 visa petition (Form I-129). If the person is eligible (no violations of U.S. immigration laws), then their nonimmigrant visa status will be changed upon the approved employment start date listed in the P3 visa petition. In cases where the person’s change of status request is denied or the person needs to change it into consular processing, an application for action on an approved application or petition (Form I-824) may be required.
(2) Consular Processing: this must be chosen if a person cannot show that they have maintained lawful visa status in the United States or for any other reasons such as the person needs to travel internationally before the P3 visa petition is approved.
A change in employment under the P3 visa usually means (1) the P3 visa worker changes to a different employer, (2) the P3 visa worker works for more than one employer, (3) the P3 visa worker’s employment was involuntarily terminated, or (4) there was a material change in the P3 visa worker’s employment or visa eligibility.
Change in Employer
If the P3 visa worker changes to another U.S. employer (or U.S. agent, or U.S. agent for a foreign employer), a new P3 visa petition must be filed and the P3 visa worker cannot start working until the new P3 visa petition is approved.
Concurrent Employment
The P3 visa worker can work for more than one employer at the same time, however, all the employers would need to file for a separate P3 visa petition unless it is filed under a U.S. agent.
Amended Petition
Additional performances or engagements that are similar or comparable to what was listed in the original P3 visa petition can be allowed without filing an amended P3 visa petition, however, an amended P3 visa petition would be required if there is a material change in the terms and conditions of the P3 visa worker’s employment or visa eligibility.
Early Involuntary Termination
If the P3 visa worker’s employment was terminated involuntary (e.g., the P3 visa worker did not voluntarily resign) before their visa status expiration date, the sponsoring employer or agent would have an obligation to pay a reasonable transportation cost to the P3 visa worker to return to their last place of residence before coming to the United States.
Dependent family members (spouse and unmarried children under 21 years old) of P3 visa workers are allowed to stay in the United States under the P4 visa status but they are not allowed to work. Studying is allowed for P4 visa holders.
Dual intent visas allow the foreign person to have both an intent to temporarily stay in the United States and an intent to permanently stay in the United States. The intention to permanently stay in the United States can be shown when the foreign person has a pending green card petition with the USCIS or an approved PERM labor certification from the U.S. Department of Labor.
Both P3 visas and P3S visas require the foreign person to maintain a residence (home address) overseas that they have no intention in abandoning, however, the P3 visa is a dual intent visa that allows the person to have a green card (permanent residency) petition pending while still being able to maintain and extend (renew) their P3 visa status in the United States.
In comparison, the P3S visa for the foreign support staff of P3 visa workers is not a dual intent visa which means the person is not allowed to have the intention of staying permanently in the United States. And thus a P3S visa worker having a pending green card petition will interfere with their eligibility to maintain and extend (or renew) their P3S visa status in the United States. For example, if a P3S visa holder leaves the United States after they have filed a green card petition (which is an intention of permanently staying in the United States) with the USCIS, it would be likely that they will not be allowed to back to the United States with their P3S visa because it is not a dual intent visa and only allows the foreign person to have an intention to temporarily stay in the United States.
The P3 visa is for artists and entertainers who will be performing, teaching, or coaching a particular art in the United States under a culturally unique program. The culturally unique program can be commercial.
There are four main alternatives to the P3 visa petition (Culturally Unique Program): (1) the P2 visa for foreign artists who will be working (individually or as part of a group) under an artistic reciprocal exchange program, (2) the P1B visa petition for foreign artists who are performing as a part of an internationally recognized entertainment group, (3) the O1B visa petition for individual foreign artists who have extraordinary ability in the arts (i.e., the artist usually has national or international recognition), or (4) the O1B MPTV visa petition for individual foreign artists who have extraordinary achievements in the motion picture (movie) and television industry. Fashion models can file for the H1B3 visa petition.
Another possible alternative to filing a P3 visa petition would be to file for a green card petition which is a permanent immigrant visa and not a temporary work visa like the P3 visa. For more on green cards gained through work, please read the overview for employment-based green cards.
If you have a P3 work visa (Culturally Unique Program) immigration question, please fill out our contact us form or send us an email with some basic information about your background and your immigration needs. We will do our best to respond within 48 hours.
How we can help?
Kylie Huang Law’s immigration attorney will help identify whether the P3 visa is the appropriate nonimmigrant visa category for the client’s (or the client’s beneficiary’s) professional background and if there are other visa options for the client (or the client’s beneficiary). We will work closely with our client to prepare a convincing case for their (or it’s) P3 visa petition and we will also strategize on how the P3 visa petition should be presented to achieve the best chances of approval. It is strongly advised and common practice to retain an immigration attorney for a P3 work visa petition due to the complexities in the immigration process and visa requirements.
What does the typical process look like to retain (hire) us?
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- Fill out the form (with some basic information on what your immigration needs are)
- Sign up and log into the client portal to schedule an appointment online
- Attend scheduled appointment (typically a phone call or zoom meeting)
- Retainment (signing a contract to hire us)
- Start processing case
- Gathering required documents
- Preparing paperwork
- Confirming contents of documents that will be submitted
- Filing the case
- Following up on the status of the case
- Close the case when a final determination is issued
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- Fill out the form (on what your immigration needs are)
- Sign up and log into the client portal to schedule an appointment
- Attend scheduled appointment (typically a phone call or zoom)
- Retainment (signing a contract to hire us)
- Start processing case
- Gathering required documents
- Preparing paperwork
- Confirming contents of documents that will be submitted
- Filing the case
- Following up on the status of the case
- Close the case when a final determination is issued
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- Fill out the form (on what your immigration needs are)
- Sign up and log into the client portal to schedule appointment
- Attend scheduled appointment (typically a phone call or zoom)
- Retainment (hire us)
- Start processing case
- Gathering required documents
- Preparing paperwork
- Confirming content of documents that will be submitted
- Filing the case
- Following up on the case status
- Close the case when a final determination is issued
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