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P-3 Visas
for Artists or Entertainers of Culturally Unique Programs
Posted
Oct 12, 1998
The
most appropriate visa for a person who performs as an artist or entertainer,
in an individual capacity or as part of a group where such a person is
an integral part of the performance and is planning to enter the United
States temporarily and solely to perform, teach or coach in a program
that is culturally unique is referred to as the "P-3" visa. It
is temporary in that it is only available for the period of time in which
the beneficiary or beneficiaries will be actively engaged in performances.
It is not the appropriate visa for permanent status. That would require
filing for a "green card" or lawful permanent residence. However,
due to processing delays and possible quotas, the earliest a green card
could be obtained would be about one to two years. Recently, The Law Office
of Sheela Murthy was pleased to represent a highly respected Kuchipudi
dance troupe to obtain P-3 visas.
P-3 Visa
The P-3 visa
is filed by a sponsoring organization or U.S. employer for foreign persons
who wish to perform, teach or coach in a commercial or noncommercial program
that is "culturally unique." A culturally unique program is
one which the
(1) artist
or entertainer has achieved excellence in developing, interpreting, representing,
coaching or teaching a unique or traditional ethnic, folk, cultural, musical,
theatrical or artistic performance; and
(2) the artist
or entertainer is coming to the U.S. to promote and facilitate that art
form.
Thus, there
are two major requirements: First, it must be demonstrated that the persons
have achieved excellence in their field; and second, the artist's trip
is for the sole purpose of promoting and facilitating the art form.
These requirements
seem fairly straightforward. However, there is documentation that is required
to substantiate the claims that the person is acting in the context of
a culturally unique program. The necessary documents must establish the
following:
1. The person/s
have been involved in a culturally unique program for a substantial period.
2. The person
or group has achieved national or international recognition or acclaim.
3. The person/s or group/s skills are authentic and excellent as attested through letters,
expert opinions or testimonials.
4. The majority
of the performances will be culturally unique events.
It is also
necessary to note that if there exists more than one geographic area in
which the Beneficiary will perform, there must be a submission of the
itinerary. If the agent of the group is the Petitioner, there must be
submission of the itinerary and the contract.
The P-3 visa
is not as common in comparison to the many employment based / nonimmigrant
visas in the United States. There is a burden to prove that the performers
are highly respected and well-known in their field of art. It is also
necessary to prove that the artist or troupe will be working within the
context of a culturally unique program. The Kuchipudi dance troupe has
been performing for audiences all over the U.S. since June 1998 which
will continue until January 1999. The Law Office of Sheela Murthy is pleased
to have provided this opportunity for all of us to enjoy this culturally
unique performance and we are happy to contribute towards building cross
cultural bridges to make this world a better place!
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