P-2 VISA for Artists/Entertainers under reciprocal exchange program

The P-2 Visa is issued to artists or entertainers, individually or as a group, as well as their essential support personnel, who will be performing under a reciprocal exchange program which is between an organization or organizations in the United States, which may include a management organization, and an organization or organizations in one or more foreign states and which provides for the temporary exchange of artists and entertainers, or groups of artists and entertainers.

For other commercial artists and entertainment groups, the P-1 Visa could be more suitable.

The exchange of artists or entertainers shall be similar in terms of caliber of artists, entertainers, terms and conditions of employment, such as length of employment, and number of artists or entertainers involved in the exchange. However, this requirement does not preclude the exchange of an individual for group exchange.

Validity Period

An approved petition for an Entertainment group under the P-2 regulations shall be valid for a period of time determined by the Director of USCIS to be necessary to complete the performance or event for which the group is being admitted, but not to exceed one year.

The general evidentiary requirements for all P Visa applicants include the following:

1. The evidence specified in the specific sections of the three P classifications as indicated below;
   
2. Copies of any written contracts between the Petitioner and the Alien Beneficiary or, if there is no written contract, a summary of the terms of the oral agreement under which the Alien(s) will be employed;
   
3. An explanation of the nature of the events or activities, the beginning and ending dates for the events or activities, and a copy of any itinerary for the events or activities; and
   
4. A written consultation from a labor organization
   

P-2 VISA Evidentiary requirements

A petition for P-2 classification shall be accompanied by the following:

• A copy of the formal reciprocal exchange agreement between the U.S. organization(s) which sponsor the aliens and an organization (s) in a foreign country.
  
• A statement from the sponsoring organization describing the reciprocal exchange of U.S. artists or entertainers as it relates to the specific petition for which P-2 classification is being sought;
  
• Evidence that an appropriate labor organization in the U.S. was involved in negotiating, or has concurred with, the reciprocal exchange of U.S. and foreign artists or entertainers; and
  
• Evidence that the alien for whom P-2 classification is being sought and the U.S. artists or entertainers subject to the reciprocal exchange agreement are artists or entertainers with comparable skills and that the terms and conditions of employment are similar.

P-2 Essential Support Personnel

An essential support alien may be provided P-3 status based on a support relationship with a P-2 entertainer or artist. The evidentiary criteria include the following:

• A consultation from a labor organization with expertise in the area of the alien’s skill.
  
• A statement describing the alien’s prior essentiality, critical skills and experience with the principal alien(s)
  
• A copy of the written contract or a summary of the terms of the oral agreement between the alien(s) and the employer.
  

P-3 Visa for Artist or Entertainer under a culturally unique program

P-3 Classification may be accorded to artists or entertainers, individually or as a group coming to the United States for the purpose of developing, interpreting, representing, coaching or teaching a unique or traditional ethnic, folk, cultural, musical, theatrical, or artistic performance presentation.

The artist or entertainer must furthermore be coming to the United States to participate in a cultural event or events which will further the understanding or development of his ir her art form. The program may be of commercial or noncommercial nature.