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Non-Immigrant Visas

Extraordinary Ability and Athletes, Artists & Entertainers Visas

O Visa: Extraordinary Ability

  • O-1 Visa classification applies to persons who have extraordinary ability in the sciences, arts, education, business, or athletics, or extraordinary achievements in the motion picture and television field.

*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 classification applies to an accompanying alien who is coming temporarily to the United States solely to assist in the artistic or athletic performance by an O-1 alien for a specific event or performance.

*The O-2 may precede the associated O-1 into the U.S. in order to prepare for the event(s).

*The O-2 classification is not available in the fields of business, education, or science although aliens in these fields may be able to enter on B-1 visas.

  • The O-2 alien must:

*Be an integral part of such performance or event and possess critical skills and experience with the O-1 alien that are not of a general nature and cannot be performed by others; or

*In the case of a motion picture or television production, have skill and experience with the O-1 alien which are critical either based on a preexisting long-standing working relationship or, with respect to the specific production, because significant production will take place inside and outside the United States and the continuing participation of the alien is essential to the successful completion of the production; and demonstrate intent to return to a residence abroad.

P Visa: Athletes, Artists and Entertainers

  • P-1 Visa classification applies to an alien at an internationally recognized level of performance coming temporarily to the U.S.:

*To perform at a specific athletic competition, individually or as part of a group or team; or

*To perform at a specific entertainment performance as a member of an entertainment group; members of the group must have had a substantial relationship with it over at least one year.

*Individual entertainers not performing as part of a group may not obtain P-1 classification, but must meet the higher standard of O-1 classification.

  • P-2 Visa classification applies to an alien coming temporarily to the U.S. to perform as an artist or entertainer, individually or as part of a group, under a reciprocal exchange program between the U.S. and one or more foreign states.
  • P-3 Visa classification applies to an alien artist or entertainer who is coming temporarily to the United States, either individually or as part of a group, or as an integral part of the performance of the group, to perform, teach, or coach under a commercial or non-commercial program that is culturally unique.

*A P-3 group is not required to have performed together for any specific period of time.


Petition Information

The prospective employer of the applicant is required to file (Form I-129,Petition for Non-immigrant Worker,  with U.S.Citizenship and Immigration (USCIS). For more detailed information regarding filing the Form I-129, as well as requirements, please refer to the USCIS Temporary Workers web site. The petition, Form I-129 must be approved by USCIS before the prospective employee can apply for a visa at a U.S.Embassy or Consulate abroad.

When the petition is approved, the employer or agent is sent a Notice of Action, Form I-797, the notification of petition approval. However, the I-797 is no longer needed for the visa applicant's interview, since petition approval is now verified in the Department of State's system called Petition Information Management Service (PIMS). In order to verify the petition approval, we will need your approved I-129 petition receipt number so please make sure to have this available. It should be noted that the approval of a petition shall not guarantee visa issuance to an applicant found to be ineligible under provisions of the Immigration and Nationality Act.

Timing

  • Applicants may enter the United States up to ten days before the validity period of the petition begins, plus ten days after.
  • They may only work during the validity period of the visa.
  • Temporary workers who wish to stay beyond the time indicated on their form I-94 must contact USCIS.

Additional Information

  • If you are not a resident of Mexico, refer to Third Country Nationals to determine if you can apply for this visa class in Mexico.
  • Amateur music group, choirs or orchestras, who give up paid performances in the U.S., do not require work visas. Reimbursement for travel cost and lodging is permitted. Such amateurs may travel on a Visitor Visa or, if they qualify under the Visa Waiver Program.