P-3 visas
The P-3 visa is a nonimmigrant visa, providing an opportunity for artists and entertainers, either individually or as a group, to temporarily come to the U.S. It initially allows for a period of stay up to 1 year. Extensions are possible, as long as the event, activity or performance continues.
For a P-3 visa, you must be coming to the U.S. for the purpose of developing, interpreting, representing, coaching, or teaching a unique or traditional ethnic, folk, cultural, musical, theatrical, or artistic performance or presentation. In addition, you must be coming to the U.S. to participate in a cultural event/s which will further the understanding or development of your art form. The program may be of a commercial or noncommercial nature.
Applicants must provide documentation to establish the authenticity and significance of their cultural program, as well as demonstrate that they possess the necessary skills and expertise to perform or present the program.
The P-3 visa is employer-specific, meaning that the applicant needs a U.S. employer or sponsoring organization to petition on their behalf.
Essential support personnel who are an integral part of the performance of a P-3 artist or entertainer and who perform support services that cannot be readily performed by a U.S. worker, may qualify for P-3 classification.
Your spouse and unmarried children under the age of 21 may obtain P-4 status. Your dependents may not engage in employment, but may attend school or college.
O-1A visas
The O-1А visa is a nonimmigrant visa for individuals with extraordinary ability in specific fields: science, education, arts, athletics, business, or entertainment. It initially allows for a period of stay up to 3 years; extensions are possible.
A U.S. employer or agent is filing the petition on behalf of an O-1A beneficiary. In some cases, the petitioner can be a U.S. company which is owned by the beneficiary wholly or partially.
To qualify, applicants must demonstrate national or international acclaim and provide evidence of their talent. Applicants must also show that they will continue to work in their area of expertise in the U.S.
The O-1A petition must include evidence that the beneficiary has received a major internationally recognized award (such as the Nobel Prize), or at least 3 of the following forms of evidence:
- Documentation of the beneficiary’s receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
- Documentation of the beneficiary’s membership in associations in the field for which classification is sought, which require outstanding achievements of their members;
- Published material in professional or major trade publications or major media about the beneficiary, relating to the beneficiary’s work in the field of their talent;
- Evidence of the beneficiary’s participation on a panel, or individually, as a judge of the work of others in the same or in an allied field of specialization for which classification is sought;
- Evidence of the beneficiary’s original scientific, scholarly, or business-related contributions of major significance in the field;
- Evidence of the beneficiary’s authorship of scholarly articles in the field, in professional journals, or other major media;
- Evidence that the beneficiary has been employed in a critical or essential capacity for organizations and establishments that have a distinguished reputation; or
- Evidence that the beneficiary has either commanded a high salary or will command a high salary or other remuneration for their services.
Spouses and unmarried children under the age of 21 may accompany the O-1 visa holder under the O-3 visa category. They may not work under this classification, but they may study.
EB-1A visas
The EB-1A visa is an employment-based immigrant visa, designed for individuals with extraordinary ability in specific fields. To qualify, applicants must provide extensive evidence of their extraordinary abilities and show that their presence in the U.S. would be of significant benefit to the country.
Immigration visas are available to the spouse and unmarried children under the age of 21 of individuals who have been granted an EB-1A immigrant visa.
The EB-1A category is highly competitive, and applicants need to present a robust portfolio of evidence to support their claim of extraordinary ability. This may include recommendation letters, publications, media coverage, patents, exhibitions, performances, and other forms of recognition.
Successful applicants can obtain permanent residency and work in their field without employer sponsorship. It is an attractive option for highly accomplished individuals seeking permanent residency in the U.S (Green-card).