DOS Cable on Artists and Entertainers Posted Aug 05, 2005 ©MurthyDotCom The U.S. Department of State (DOS) issued a cable in July 2005 to clarify the proper protocol for consular officers to follow regarding artist and entertainer applications for P visas. This cable is helpful as it provides greater flexibility to the performing group members and may help them obtain earlier visa appointment dates in appropriate instances. ©MurthyDotCom P Performers Can Request Earlier Visa Appointments ©MurthyDotCom The DOS cable indicates that, while it is preferable for artists and entertainers to schedule their visa interviews in a timely manner, in the entertainment world, there is a likelihood of unforeseen schedule changes. The cable instructs the consulates that they should be willing, when possible, to consider expediting visa application cases for artists and entertainers if their schedules have been interrupted for unanticipated illness, injury, or other emergencies. ©MurthyDotCom Evidence Required from the P Group Members ©MurthyDotCom The cable also instructs that performing group members do not need to file for a visa at the same consulate or even at the same time. Each group member needs a copy of the approved I-129 petition, particularly the Form I-797 approval notice. The approved I-129 petition is considered prima facie evidence that the person meets the requirements for the P classification. The DOS has indicated that consular officers do not have the authority to question the approval of P petitions without specific evidence that was not available to the U.S. Citizenship and Immigration Services (USCIS) at the time when it approved the P petition indicating that the beneficiary is not entitled to the status. The consular officers also should not require the group members to perform unless it is in conjunction with an anti-fraud investigation. ©MurthyDotCom Evidence of Performing in a Group ©MurthyDotCom If appropriate, the consular official may ask for documents such as the business records of the group, particularly those concerning performance dates and itinerary in the United States. Documents showing logistical arrangements, such as venues and publicity plans, may also be helpful. The performing groups and/or their representatives should be given the opportunity to establish that they are bona fide through evidence of past activity. ©MurthyDotCom Conclusion ©MurthyDotCom This cable should help P performers with entry to the United States, to perform as scheduled, since there have been instances of many program cancellations over the last several months and years, due to the performers' inability to obtain the P visas timely. © 2005 The Law Office of Sheela Murthy, P.C. All Rights Reserved
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