Talent and Performance Visas

O-1A Visa

O-1 visa is a nonimmigrant worker visa issued to foreign nationals who have extraordinary abilities or achievements in fields such as sciences, education, business, or athletics.

Eligibility Requirements:

The applicant must be coming to work in the U.S. temporarily.
The applicant must be a person of either nationally or internationally acclaimed ability in science, education, business, or athletics.

USCIS acknowledges internationally recognized awards such as Nobel and Pulitzer Prize, or Olympic medals as evidence of international success. However, if the applicant does not have such an award, s/he is expected to meet at least three of the following criteria to be eligible for O-1A Visa;

If the applicant has an award that is of lesser importance. This could be recognized both nationally and internationally
If the applicant is a member of an organization that requires extraordinary ability or achievement to be a part of
If the applicant has considerable contributions to distinguished professional publications
If the applicant has a proven record of significant contribution to his/her field of expertise
If the applicant has various academic articles in his/her field
If the applicant has achieved commercial success or a large salary for his/her work
If the applicant has been a judge evaluating the works of his/her peers
If the applicant has been in an essential position of a reputable organization related to his/her field

Family Members:

Spouses and unmarried children (under the age of 21) can accompany the applicant with an O-3 visa. Their O-3 visa validity duration will be the same as the applicant, and they will be subjected to the same limitations that you are subjected to.

FAQ:

Is there a cap on the number of O1-A Visa issued annually?

Fortunately, no!

What is the duration of O1-A Visa?

Your initial stay can be a maximum of three years.

Can I get an extension?

Yes, you can. However, USCIS makes extension decisions on a case-by-case basis. Extensions can be granted for up to one year in increments.

Can my spouse and children work in the U.S.?

No, they cannot. However, they can study full or part-time under O-3 status.

O-1B Visa

O-1B visa is a nonimmigrant worker visa issued to foreign nationals who have extraordinary abilities or achievements in fields of arts, motion picture, and television.

Eligibility Requirements:

The applicant must have a proven record of tremendous achievement in the arts, the motion picture, and the television industry. Achievements can be documented with internationally recognized awards, honors, testimonials such as Tony, Grammy, Emmy, Golden Globe, Oscar Awards etc.

Furthermore, the applicant can work with his/her immigration attorney to prepare alternative evidentiary documents such as;

The evidence that the applicant has starred, and will star in productions or events that have been promoted as distinguished in critical reviews, commercial promotions, media releases, etc.
The evidence that the applicant has gained national or international fame evidenced by critical reviews or media publications in major newspapers, trade journals, magazines, etc.
The evidence that the applicant has undertaken, and will undertake in a lead, starring, or essential role for organizations and establishments of distinguished fame as evidenced by written pieces in newspapers, publications, testimonials, or trade journals
The evidence that the applicant has a resume of great commercial, critically acclaimed, or any other professional achievements as evidenced by television or online ratings, favoring critical reviews in leading magazines, journals, newspapers, etc.
The evidence that the applicant has garnered wide-ranging recognition from organizations, government agencies, critics that have the expertise in the applicant’s related field of practice
The evidence that the applicant has, or will have a large salary for services s/he has performed, or will perform, as compared to other people in the applicant’s field of expertise

Family Members:

Spouses and unmarried children (under the age of 21) can accompany the applicant with an O-3 visa. Dependents’ O-3 visa validity duration will be the same as the applicant, and they will be subjected to the same limitations that the applicant is subjected to.

FAQ:

What is the duration of O-1B Visa?

Your initial stay can be a maximum of three years.

Can I get an extension?

Yes, you can. However, USCIS makes extension decisions on a case-by-case basis. Extensions can be granted up to one year in increments.

Can my spouse and children work in the U.S.?

No, they cannot. However, they can study full or part-time under O-3 status.

Can I change my employer while under O1-B status?

Yes, you can. Your new employer should file the I-129 form with the USCIS as your first employer did. Your new employer must also provide necessary evidence showing that he/she is your new employer.

What is the O-1B Visa processing time?

Fortunately, O1-B Visa processing time is relatively short. Though it depends on the service center reviewing your case, it usually takes three to four months.

P-1 Visa

P-1 Visa is a type of nonimmigrant worker visa for individuals who are internationally recognized athletes, or members of internationally recognized athletics teams or entertainment groups. P-1 Visa consists of two categories as P-1A for Athletes, and P-1B for Entertainment Groups. Both P-1 Visa categories have their eligibility requirements.

Eligibility Requirements for P-1A Visa:

The applicant must show achievement of an extraordinary level of performance and international recognition if the candidate is an individual athlete
Team must demonstrate that the team together has achieved international recognition if the candidate is a part of team
The applicant must be coming to the U.S to participate in an event of competition or perform as an internationally recognized athlete or athletic teams
There must be a U.S. employer, agent, or sponsor

Eligibility Requirements for P-1B Visa:

Entertainment group must have extraordinary achievement and consequently gained international recognition
At least 75 percent of the entertainment group has had a consistent relationship with the group at least for a year
The entertainment group must be employed by a U.S. employer, agent, or sponsor

However, for more information on the documents you need to provide as proof of your eligibility, please refer to the section “evidence to submit” on the USCIS website.

Family Members:

Family members of P-1A and P-1B Visa holders can accompany them on a P-4 dependent nonimmigrant status.

Essential Support Personnel:

Essential support personnel is eligible to apply for P-1 Visa if and only they are vital to the performance of athletes, athletic teams, and entertainment groups, and there are no available U.S. workers to replace them.

Essential support personnel for athletes and athletic teams including but not limited to:

Coach
Scout
Trainer
Umpire
Referee

Essential support personnel for entertainment groups including but not limited to:

Front office personnel
Stage personnel
Lighting technician
Camera operator

FAQ:

What is the duration of P-1 Visa?

The duration of a P-1 Visa depends on the time for the visa beneficiaries to complete their events in the United States. However, the initial stay on P-1 cannot exceed a full year for both P-1A and P-1B Visas.

Can I get an extension?

P-1A beneficiaries can get a one-time extension of up to 5 years while P-1B beneficiaries can be granted one-year extensions in increments.

Can my family study and work on P-1 Visa?

Your family is not authorized to work on P-1 status, but they can attend non-academic, vocational studies.

Can I be eligible for P-1B Visa if I am an entertainer who is not a part of an entertainment group?

No. You are required to be a member of an entertainment group to be eligible for a P-1B Visa.

P-2 Visa

P-2 Visa is a type of nonimmigrant worker visa for individuals who seek to be employed in the U.S. as solo artists or entertainers, or as members of artist or entertainment groups under a reciprocal exchange program between a U.S. organization and a foreign organization. There are currently 5 programs that have been finalized between the U.S. and a foreign country, and they are as follows:

The American Federation of Musicians (U.S.) and the American Federation of Musicians (Canada)
Actor’s Equity Association (U.S.) and the Canadian Actors’ Equity Association
Actor’s Equity Association (U.S.) and the British Actors’ Equity Association
The International Council of Air Shows and the Canadian Air Show Association
The Alliance of Canadian Cinema Television and Radio Artists (ACTRA) and the Screen Actor Guild – American Federation of Television and Radio Artists (SAG-AFTRA)

However, if the agreement with which the applicant applies for P-2 Visa is not included in the above list, the applicant nevertheless can file your application. USCIS will review the agreement and decide whether it is in line with the regulatory standard.

Eligibility Requirements:

The applicant must be an artist or entertainer sponsored by a government promoted reciprocal exchange program
The applicant must be an artist equal to those of U.S. citizens in skill who participate in the program in the other program country

Family Members:

Family members of P-2 Visa holders can accompany them on a P-4 dependent nonimmigrant status.

Essential Support Personnel:

Essential support personnel are eligible to apply for P-1 Visa if and only they are vital to the performance of artists and entertainers, and there are no available U.S. workers to replace them. Essential support personnel for artists and entertainers includes stagehands, trainers, or any person who have the necessary knowledge to serve a specific duty.

FAQ:

What is the duration of P-2 Visa?

The duration of a P-2 Visa depends on the time for the visa beneficiaries to complete their events in the United States. However, the initial stay on P-2 cannot exceed a full year.

Can I get an extension?

P-2 beneficiaries can be granted one-year extensions in increments.

Can my family study and work while on P-2 status?

Your family is not authorized to work on P-2 status, but they can attend non-academic, vocational studies.

Can I change employers while on P-2 status?

Yes. For this, your new employer needs to file a new Form I-129, Petition for a Nonimmigrant Worker, just as your previous employer did. You cannot start working for the new employer until your petition is approved.

P-3 Visa

P-3 Visa is a type of nonimmigrant worker visa for individuals who are seeking admission into the U.S. as solo artists or entertainers, or members of artist or entertainment groups to perform, teach or coach in fields of their expertise.

Eligibility Requirements:

The applicant must be an artist or entertainer, or a member of an artist or entertainment group aspiring to develop, interpret, represent, coach, or teach an idiosyncratic or indigenous ethnic, folk, artistic, theatrical, folk, or cultural act or representation
The applicant must also participate in the cultural event(s) that will expand the comprehension or improvement of the art form s/he is an expert on

Family Members:

Family members of P-3 Visa holders can accompany them on a P-4 dependent nonimmigrant status.

Essential Support Personnel:

Essential support personnel are eligible to apply for P-3 Visa if and only they are vital to the performance of artists or entertainers, and there are no available U.S. workers to replace them.

Essential support personnel for artists and entertainers including but not limited to:

Coaches
Trainers
Scouts
Referees

FAQ:

What is the duration of P-3 Visa?

The duration of a P-3 Visa depends on the time for the visa beneficiaries to complete their events in the United States. However, the initial stay on P-3 cannot exceed a full year.

Can I get an extension?

P-3 beneficiaries can be granted one-year extensions in increments.

Can my family study and work while on P-3 status?

Your family is not authorized to work on P-4 status, but they can attend non-academic, vocational studies.

Can I change employers while on P-3 status?

Can I be eligible for P-3 Visa if I am an entertainer who is not a part of an entertainment group?

Yes. Unlike P-1B Visa, individual entertainers are also eligible to apply for a P-3 Visa.