THE P-3 LAWYER FOR ARTIST ENTREPRENEURS, CREATIVE PROFESSIONALS, AND ORGANIZATIONS OF INNOVATION
At our law firm our approach is simple: proven results coupled with a personalized customer experience. We believe every client should receive the best level of expert immigration advice, so all our cases are only handled by experienced licensed attorneys, not paralegals. We provide fast and efficient P3 visa case preparation, and guided support every step of the way. We have a 100% approval rate for all P3 visa cases in the past 24 months, and provide answers to questions in less than 24 hours.
WHO WE SERVE
Our law firm specializes in P3 visas with a distinct focus on individuals and organizations from the creative and artistic industries. Whether you are a creative professional in theatre, fashion, graphic design, multimedia arts, photography, music, dance, film, or more our firm is perfectly poised to handle all your immigration needs. Our Founding Partner is also an artist himself, so there is never any need to have to explain what you do because we already know.
If you are interested in living and working in the United States, we have the best immigration solution for you at an affordable price. Even if you do not qualify for the P3 visa, our experience in a wide variety of other employment visas such as the H-1B, H-1B1, L, P1B, Q, as well as family based immigration means we can find the best solution for all your immigration needs.
If you are interested in living and working in the United States, we have the best immigration solution for you at an affordable price. Even if you do not qualify for the P3 visa, our experience in a wide variety of other employment visas such as the H-1B, H-1B1, L, P1B, Q, as well as family based immigration means we can find the best solution for all your immigration needs.
P-3 ARTIST OR ENTERTAINER COMING TO BE PART OF A CULTURALLY UNIQUE PROGRAM REQUIREMENTS
The P-3 visa applies to you if you are coming temporarily to perform, teach or coach as artists or entertainers, individually or as part of a group, under a program that is culturally unique.
Eligibility Criteria
For a P-3 visa, you must be coming to the United States either individually or as a group for the purpose of developing, interpreting, representing, coaching, or teaching a unique or traditional ethnic, folk, cultural, musical, theatrical, or artistic performance or presentation. In addition, you must be coming to the United States to participate in a cultural event or events which will further the understanding or development of your art form. The program may be of a commercial or noncommercial nature.
Application Process
Your U.S. employer or sponsoring organization must submit Form I-129, Petition for a Non-Immigrant Worker. For more information about the Form I-129, see the “Form 1-129, Petition for Nonimmigrant Worker” link to the right.
Please note that a petitioner who will be filing as an agent for multiple employers must establish that it is duly authorized to act as an agent.
Supporting Documents
Your Form I-129 must include the following documents:
Note: If the events or performances will take place in multiple areas, an itinerary must be submitted. The itinerary must list the dates and locations of the events.
Change of Employer
You may change P3 visa employers, but only after your new employer has filed a new Form I-129 with USCIS requesting permission to employ you and extend your stay. You may not commence employment with the new employer until the Form I-129 has been approved.
Family of P-3 Visa Holders
Your spouse and unmarried children under the age of 21 may obtain P-4 status. Your dependents may not engage in employment, but may attend school or college.
Essential Support Personnel
Essential support personnel who are an integral part of the performance of a P- 3 artist or entertainer and who perform support services that cannot be readily performed by a U.S. worker, are eligible for P-3 classification. Support personnel may include coaches, scouts, trainers and other team officials and referees.
The U.S. employer must file a separate Form I-129 for support personnel. The petition must include the following documents:
Eligibility Criteria
For a P-3 visa, you must be coming to the United States either individually or as a group for the purpose of developing, interpreting, representing, coaching, or teaching a unique or traditional ethnic, folk, cultural, musical, theatrical, or artistic performance or presentation. In addition, you must be coming to the United States to participate in a cultural event or events which will further the understanding or development of your art form. The program may be of a commercial or noncommercial nature.
Application Process
Your U.S. employer or sponsoring organization must submit Form I-129, Petition for a Non-Immigrant Worker. For more information about the Form I-129, see the “Form 1-129, Petition for Nonimmigrant Worker” link to the right.
Please note that a petitioner who will be filing as an agent for multiple employers must establish that it is duly authorized to act as an agent.
Supporting Documents
Your Form I-129 must include the following documents:
- Written consultation from an appropriate labor organization
- A copy of the contract between the petitioner and the beneficiary or the summary of the terms of an oral agreement between the petitioner and the beneficiary
- An explanation of the event and itinerary
- Affidavits, testimonials or letters from recognized experts attesting to the authenticity of your or your group's skills in performing, presenting, coaching or teaching the unique and traditional art forms and giving the credentials of the expert including the basis of his or her knowledge of your or your group’s skills; OR documentation that your or your group’s performance is culturally unique as evidenced by reviews in newspapers, journals or other published materials.
- Documentation that all of the performances or presentations will be culturally unique events
Note: If the events or performances will take place in multiple areas, an itinerary must be submitted. The itinerary must list the dates and locations of the events.
Change of Employer
You may change P3 visa employers, but only after your new employer has filed a new Form I-129 with USCIS requesting permission to employ you and extend your stay. You may not commence employment with the new employer until the Form I-129 has been approved.
Family of P-3 Visa Holders
Your spouse and unmarried children under the age of 21 may obtain P-4 status. Your dependents may not engage in employment, but may attend school or college.
Essential Support Personnel
Essential support personnel who are an integral part of the performance of a P- 3 artist or entertainer and who perform support services that cannot be readily performed by a U.S. worker, are eligible for P-3 classification. Support personnel may include coaches, scouts, trainers and other team officials and referees.
The U.S. employer must file a separate Form I-129 for support personnel. The petition must include the following documents:
- A consultation from an appropriate labor organization
- A statement describing the support person’s prior and current essentially, critical skills and experience with the P-3 artist or entertainer
- A copy of a written contract between the employer and the support person or a summary of the terms of the oral agreement under which the support person will be employed
WHO CAN BE MY P3 VISA PETITIONER?
A P3 visa petition for a member of an entertainment group must be filed by a U.S. employer, U.S. sponsoring organization, U.S. agent, or a foreign employer through a U.S. agent. This individual or organization is known as the "petitioner". A sponsoring organization may also act as petitioner if it is an established U.S. organization that will not directly employ the P3 visa beneficiary, but will assume responsibility for the petition.
When the P3 visa petitioner is a U.S. agent, he or she must be in business as an agent, submit a complete itinerary of services and engagements for the P3 visa beneficiary or beneficiaries, submit the contracts between the employer(s) and beneficiary or beneficiaries, and explain the terms and conditions of the employment.
In all cases, the P3 visa petitioner is required to submit written contracts (or if no contracts, oral agreements) with the beneficiary or beneficiaries and an explanation of the proposed activities that the beneficiary or beneficiaries will engage in while on P3 status.
When the P3 visa petitioner is a U.S. agent, he or she must be in business as an agent, submit a complete itinerary of services and engagements for the P3 visa beneficiary or beneficiaries, submit the contracts between the employer(s) and beneficiary or beneficiaries, and explain the terms and conditions of the employment.
In all cases, the P3 visa petitioner is required to submit written contracts (or if no contracts, oral agreements) with the beneficiary or beneficiaries and an explanation of the proposed activities that the beneficiary or beneficiaries will engage in while on P3 status.
WHAT INFORMATION SHOULD A P3 VISA CONTRACT CONTAIN?
When drafting a P3 visa contract between the P3 visa petitioner and the P3 visa beneficiary, you should include the name and address of the petitioner/employer, where the work will take place, the nature of the work, length and duration of the work, and how much compensation the beneficiary will receive. It is also good practice to include a termination clause in the event either party may want to terminate the contract. USCIS will accept email contracts as long as they include all the relevant terms and do not appear to be speculative. However, they definitely do have a preference for contracts as opposed to email agreements.
WHAT IS A P3 VISA CONSULTATION LETTER?
A P3 visa consultation letter is a letter from a labor organization that speaks to the qualifications of the group that the P3 visa is attempting to join. Depending on the type of work that the group does, the specific organization or peer group may differ. In order to get the consultation letter, you will need to send a copy of your immigration application to the labor organization or peer group in advance, pay them the appropriate fee, and wait for them to respond to you.
HOW LONG IS THE P3 VISA VALID FOR?
The P3 visa is valid for the time needed to complete the event, competition or performance, not to exceed 1 year. You may extend the P3 visa in increments of up to 1 year in order to continue or complete the event, competition or performance.
CAN MY SPOUSE AND CHILDREN ACCOMPANY ME ON MY P3 VISA?
If you are in the United States on the P3 visa, your spouse and unmarried children under the age of 21 may obtain P-4 status. Your dependents may not engage in employment, but may attend school or college.
CAN I APPLY FOR A GREEN CARD WHILE ON THE P3 VISA?
Unfortunately the P3 visa is considered a non-immigrant intent visa. This means generally that you will not be allowed to filed for adjustment of status within the United States. However, certain exceptions do apply for those on the P3 visa seeking to adjust their status in the United States depending on specific certain circumstances. Consult with a P3 visa lawyer in order to see if you qualify for such exceptions.
CAN A P3 VISA BENEFICIARY BRING ESSENTIAL SUPPORT PERSONNEL?
Essential support personnel who are an integral part of the performance of a P- 3 visa artist or entertainer and who perform support services that cannot be readily performed by a U.S. worker, are eligible for P-3 visa classification. Support personnel may include coaches, scouts, trainers and other team officials and referees.
The U.S. employer must file a separate Form I-129 for support personnel. The petition must include the following documents:
The U.S. employer must file a separate Form I-129 for support personnel. The petition must include the following documents:
- A consultation from an appropriate labor organization
- A statement describing the support person’s prior and current essentially, critical skills and experience with the P-3 artist or entertainer
- A copy of a written contract between the employer and the support person or a summary of the terms of the oral agreement under which the support person will be employed
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