Athletes and Entertainers: P Visa Application Procedures if Inside the United States

Step One: Securing the Consultation Letter

First, an “advisory opinion” or “consultation” letter must be secured from the appropriate union. The consultation requirement may be waived where the U.S. Citizenship and Immigration Services (USCIS) agrees to expedite the case and obtains the opinion telephonically or if no appropriate labor organization exists.

Step Two: Filing the P Petition with the U.S. Citizenship and Immigration
Services

The prospective P employer files a Form I-129, P Supplement, Consultation Letter(s), all supporting evidence and the appropriate filing fees with the U.S. Citizenship and Immigration Services (USCIS) service center having jurisdiction over the location where the prospective O-1 employee will work. A P petition may be filed up to six months prior to the commencement date of the contemplated P employment.

If the prospective P employee has a spouse and/or unmarried children under the age of 21-years old legally in the United States, a Form I-539 is filed at the same time to request his/her status be changed to P-4.

One to two weeks after filing the P petition, the USCIS issues a Form I-797, Notice of Action Receipt Notice as proof of receiving the P petition. The notice contains the P petition case number and information from the Form I-129 to identify the specific P petition.

The time the USCIS takes to process a P petition varies between the service centers, but generally takes several months. The time it takes to process the P petition can be reduced to fifteen calendar days by requesting Premium Processing of the petition.

It is possible to view the latest processing times at each service center to track the progress of a P petition. Further, it is possible to track the status of a specific case by visiting the USCIS Case Status Online web page.

Upon approval of the P petition, the USCIS issues a Form I-797 Notice of Action Approval Notice. The bottom portion of the Approval Notice contains a new Form I-94 card showing the status has been changed to P-1,P-2 or P-3 and P-4 for any family members and the validity period of the new P-1, P-2 or P-3 and P-4 status.

The issuance of a Form I-797 Approval Notice authorizing the change of status to P-1, P-2 or P-3 also authorizes the P employment. However, it does not enable a person to depart and freely re-enter the United States. Under these circumstances, the P-1, P-2 or P-3 employee and P-4 family members are required to apply for P and P-4 visa at an overseas U.S. embassy or consulate.

Other General Rules

P-1, P-2 and P-3 petitions can be filed by employers, U.S. sponsors, established U.S. agents or foreign employers through U.S. agents. P-2 petitions may also be filed by the U.S. union involved in the exchange program. A separate petition is required for the essential support personnel.

If there are multiple locations where the P-1, P-2 or P-3 will perform, an itinerary of the events must be provided. If the itinerary contemplates multiple employers, each employer can file a P petition or one employer may petition for all events on the itinerary.

Multiple beneficiaries may be included in one petition if they are members of a group seeking classification based upon reputation of the group or if they provide essential support.

P-, P-2 and P-3 beneficiaries can be substituted by an employer.

Departure from the United States After Filing Change of Status

If a person files a change of status application to P-1, P-2 or P-3 and departs the United States prior to approval of the change of status application, the change of status application is deemed abandoned. However, this does not mean the P petition will not be approved. After approval of the P petition, the prospective P employee must apply for a P-1, P-2 or P-3 visa at an overseas U.S. embassy or consulate and re-enter the United States to commence employment.