O Visa - Persons with Extraordinary Ability & Members of the Entertainment Profession
P Visa - Athletes, Artists & Entertainers

Only individuals qualify for the O-1 visa category. In order for a group to qualify, each member would be required to meet the extraordinary ability test. The visa is granted for a specific event, such as a tour, lecture series or project.

O-2 Visa: For athletes and members of the entertainment industry, a provision exists whereby aliens, who are an integral part of the performance and have skills and experience which are not available in the United States location, may apply for O-2 visas to accompany the O-1 visa holder.

P- 1 Visa: The P- 1 visa classification provides for admission into the United States of certain athletes, entertainers and artists, and essential support personnel. Individual members of the entertainment industry are not eligible for the P-1 visa classification, but individual athletes are. For members of the entertainment industry, the visa will be issued for a specific event only. However, individual athletes may be admitted for five years and a team for a period of six months.

P-2 Visa: The P-2 visa classification provides for the admission into the United States of an artist or entertainer, either an individual or group, involved in a reciprocal exchange program between an organization or organizations in the United States and one or more foreign countries which provides for the temporary exchange of artists and entertainers.

P-3 Visa: The P-3 visa classification provides for the admission into the United States of an artist or entertainer, either an individual or group, to perform, teach, or coach under a program that is culturally unique.

Do you qualify for the O or P visa? What next?

Your sponsor is required to file a petition,  on your behalf with the USCIS Your sponsor or employer should contact the USCIS for further information. In the case of an alien who is traditionally self-employed or who uses agents to arrange short-term employment with numerous employers, an agent may file the petition with the USCIS. An agent may also file a petition on behalf of a foreign employer.

It is the responsibility of the USCIS to determine whether the alien qualifies for O or P visa category. Any questions concerning eligibility should be addressed to the appropriate USCIS office.

The USCIS offer a Premium Processing Service which expedites the processing of a nonimmigrant visa petition.

What happens once the petition has been approved by USCIS? If an O or P petition has been approved in your name, you will be required to apply for a visa before traveling to the United States. The Notice of Action, form I-797A or B, is not valid for travel unless accompanied by the appropriate visa.  

Spouses, Children & Partners: Spouses and/or children under the age of 21 who wish to accompany or join the principal visa holder in the United States for the duration of his/her stay require derivative O-3 or P-4 visas. The application procedure is the same; the I-797A or B covers dependents. If the spouse and/or children apply for visas at a later date, a copy of the principal visa holder’s visa must be furnished with the application. Spouses and/or children who do not intend to reside in the United States with the principal visa holder, but visit for vacations only, may be eligible to apply for a visitors visa or if qualified, travel visa free under the visa waiver program

 

O-3 & P-4 verses F-1: There is no requirement that the spouse and/or children of an O or P visa holder apply for a student (F-1) visa if they wish to study in the U.S.; they may study on derivative O-3 or P-4 visas. However, if they are qualified, they may apply for the F-1 visa. If you have school age children, you should refer to the regulations governing the issuance of F-1 visas.

Working on an O-3 or P-4 visa: The holder of an O-3 or P-4 visa may not work on a derivative visa. If he or she is seeking employment, the appropriate work visa will be required.

Please Note: No assurances regarding the issuance of visas can be given in advance. Therefore final travel plans or the purchase of nonrefundable tickets should not be made until a visa has been issued.