Athletes and Entertainers: P Visa Application Procedures if Outside 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.
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. Concurrent with the issuance of the Form I-797, Approval Notice, the USCIS sends a cable notifying the selected overseas U.S. embassy or consulate of the P petition approval.
Step Three: Applying for a P Visa and Entering the United States
After approval of the P petition, the prospective P employee must apply for a P visa at an overseas U.S. embassy or consulate. Every U.S. embassy and consulate has its own special rules for visa applications. It is essential to review the procedures prior to the P visa application. All U.S. embassies and consulates require a personal interview prior to the issuance of a P visa.
When submitting the P visa application, a Form DS-156 must be submitted along with the original Form I-797, Approval Notice and any supporting evidence. If the P visa applicant is a male between the ages of 16 and 45, a Form DS-157 is also required. Any spouse and each unmarried child under the age of 21-years old must also submit a Form DS-156 to apply for a P-4 visa. Each male child between the ages of 16 and 20 must also submit a Form DS-157.
The P-1, P-2, P-3 and P-4 visas will normally be issued for a validity period corresponding with the Form I-797 validity period. Most visas are issued allowing multiple entries. However, due to agreements between the United States and certain countries, the validity period may be less and entries may be limited to a specific number.
Entering the United States after P-1, P-2, P-3 and P-4 Visa Issuance
Upon admission into the United States, the P-1, P-2, P-3 and P-4 visa holders are issued a Form I-94, Arrival/Departure Card indicating P-1, P-2, P-3 or P-4 status, respectively. The Form I-94 records the date and place of admission into the United States, the visa classification and the date the authorized stay in the United States expires.
The Form I-94 is normally issued to the expiration date of the Form I-797, Approval Notice. However, if the P-1, P-2, P-3 or P-4 visa holder’s passport has an earlier expiration date, it is likely that the Form I-94 will have an expiration date corresponding with the passport expiration date. It should be noted that errors in the issuance of Form I-94s are common. Accordingly, it is critical that a person review the information on the Form I-94 upon each and every entry into the United States.
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.
