Persons with Extraordinary Ability & Members of the Entertainment Profession and

Athletes, Artists & Entertainers

• O Visas


• P Visas


• Do you qualify for the O or P visa? What next?


• What happens once the petition has been approved by USCIS?


• Spouses & Children


• B1 visas

O Visas

The O-1 visa classification provides for the admission into the United States of persons with extraordinary ability in the sciences, arts, education, business and athletics, or extraordinary achievement in motion picture and television production, and their essential support personnel.  An O-1 visa is granted for a specific event, such as a tour, lecture series or project.  Only individuals qualify for the O-1 visa category.

For athletes and members of the entertainment industry: Aliens who are an integral part of the performance and have skills and experience which are not available in the Unites States location may apply for O-2 visas to accompany the O-1 visa holder. 
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P Visas

The P-1 visa classification provides for admission into the United States of certain athletes, entertainers and artists, and essential support personnel.  For members of the entertainment industry, the visa is issued for a specific event only. However, individual athletes may be admitted for five years and a team for a period of six months.

The P-2 visa classification provides for the admission into the United States of an artist or entertainer, either an individual or group, involved in a reciprocal exchange program between an organization or organizations in the United States and one or more foreign countries which provides for the temporary exchange of artists and entertainers.

The P-3 visa classification provides for the admission into the United States of an artist or entertainer, either an individual or group, to perform, teach, or coach under a program that is culturally unique.
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Do you qualify for the O or P visa? What next?

Your sponsor is required to file a petition, Form I-129 O or P, on your behalf with the United States Citizenship and Immigration Services (USCIS).  In the case of an alien who is traditionally self-employed or who uses agents to arrange short-term employment with numerous employers, an agent may file the petition with the USCIS. An agent may also file a petition on behalf of a foreign employer.

USCIS determines whether the alien qualifies for O or P visa category. Any questions concerning eligibility should be addressed to the appropriate USCIS office.
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What happens once the petition has been approved by USCIS?

If an O or P petition has been approved in your name, USCIS sends a Notice of Action to the petitioner and the Embassy.  You should for set up an appointment and follow the instructions in How to Apply. The Notice of Action, form I-797A or B, is not valid for travel unless accompanied by the appropriate visa.
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Spouses & Children

Spouses and/or unmarried children under the age of 21 who wish to accompany or join the principal visa holder in the United States for the duration of his/her stay require derivative O-3 or P-4 visas. Spouses and/or children who do not intend to reside in the United States with the principal visa holder, but visit for vacations only, may be eligible to apply for visitor (B-2) visas.  The holder of an O-3 or P-4 visa may not work on a derivative visa. If he or she is seeking employment, the appropriate work visa will be required.
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B1 visas

Certain athletes and entertainers may travel to the U.S. on a B1 visa including:

1. Professional athletes, such as golfers and auto racers, who receive no salary or payment other than prize money for his or her participation in a tournament or sporting event.



2. Athletes or team members who seek to enter the United States as members of a foreign based team in order to compete with another sports team provided:
   
   • The foreign athlete and the foreign sports team have their principal place of business or activity in a foreign country;
   
   
   • The income of the foreign based team and the salary of its players are principally accrued in a foreign country;
   
   
   • The foreign-based sports team is a member of an international sports league or the sporting activities involved have an international dimension.


3. Amateur hockey players who are asked to join a professional team during the course of the regular professional season or playoffs for brief try-outs.  The players are draft choices who have not signed professional contracts, but have signed a memorandum of agreement with a National Hockey League (NHL)-parent team. Under the terms of the agreement, the team will provide only for incidental expenses such as round-trip fare, hotel room, meals, and transportation.  At the time of the visa application or application for admission to the United States, the players must provide a copy of the memorandum of agreement and a letter from the NHL team giving the details of the try-outs.  If an agreement is not available at that time, a letter from the NHL team must give the details of the try-out and state that such an agreement has been signed.


4. Crewmen of a private yacht who are able to establish that they have a residence abroad which they do not intend to abandon, regardless of the nationality of the private yacht.  The yacht is to sail out of a foreign home port and cruising in U.S. waters for more than 29 days.


5. A professional entertainer who:
   • Is coming to the United States to participate only in a cultural program sponsored by the sending country;
   
   
   • Will be performing before a nonpaying audience; and
   
   
   • All expenses, including per diem, will be paid by the member's government.

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