O-1and P-1 Entertainers   

O-1 Extraordinary P-1 Group P-2 Artistic Exchange P-3 Culturally Unique

O-1  Arts, Motion Picture, or Television
The O-1 category also applies to aliens who are coming temporarily and have extraordinary ability in the arts or extraordinary achievement in the motion picture or television industry.

Petition Document Requirements
A U.S. employer should file the I-129 petition with:

    • A written advisory opinion, describing the alienís ability as follows:
      • If the petition is based on the alien's extraordinary ability in the arts, the consultation must be from a peer group (including labor organizations) in the alien's field of endeavor; or a person or persons designated by the group with expertise in the alien's area of ability.
      • If the petition is based on the alien's extraordinary achievements in the motion picture or television industry, separate consultations are required from a labor and a management organization with expertise in the alien's field of endeavor.
    • A copy of any written contract between the employer and the alien or a summary of the terms of the oral agreement under which the alien will be employed;
    • Evidence the alien has received, or been nominated for, significant national or international awards or prizes in the particular field, such as an Academy Award, Emmy, Grammy or Director's Guild Award, or evidence of at least three of the following:
      • Performed or will perform services as a lead or starring participant in productions or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications, contracts or endorsements;
      • Achieved national or international recognition for achievements, as shown by critical reviews or other published materials by or about the individual in major newspapers, trade journals, magazines, or other publications;
      • A record of major commercial or critically acclaimed successes, as shown by such indicators as title, rating or standing in the field, box office receipts, motion picture or television ratings and other occupational achievements reported in trade journals, major newspapers or other publications;
      • Received significant recognition for achievements from organizations, critics, government agencies or other recognized experts in the field in which the alien is engaged, with the testimonials clearly indicating the author's authority, expertise and knowledge of the alien's achievements;
      • A high salary or other substantial remuneration for services in relation to others in the field, as shown by contracts or other reliable evidence; or

If the above standards do not readily apply to the alien's occupation, the petitioner may submit comparable evidence in order to establish the alien's eligibility.     Back to Top

P-1 Entertainment Group
The P-1 classification also applies to an alien coming temporarily to perform as a member of a
foreign-based entertainment group that has been recognized internationally as outstanding in the discipline for a sustained and substantial period of time. This person also must have had a sustained and substantial relationship with the group (ordinarily for at least one year) and/or provide functions integral to the groupís performance.

Petition Document Requirements
The petition should be filed by a U.S. employer with:

    • A written advisory opinion from an appropriate labor organization;
    • A statement that the group has been established and performing regularly for at least one year;
    • Evidence the group is internationally recognized as outstanding in the discipline for a sustained and substantial period of time as demonstrated by evidence of the group's receipt of, or nomination for, significant international awards or prizes for outstanding achievement in the field, or evidence of at least 3 of the following:
      • The group has performed and will perform as a starring or leading entertainment group in production or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications, contracts, or endorsements;
      • The group has achieved international recognition and acclaim for outstanding achievement in its field as evidenced by reviews in major newspapers, trade journals, magazines or other published material;
      • The group has performed and will perform services as a leading or starring group for organizations and establishments that have a distinguished reputation as evidenced by articles in newspapers, trade journals, publications, or testimonials;
      • The group has a record of major commercial or critically acclaimed successes, as evidenced by indicators such as ratings, box office receipts, record, cassette or video sales, and other achievements as reported in trade journals, major newspapers or other publications;
      • The alien has received significant recognition for achievements from critics, organizations, government agencies or other recognized experts in the field in which the alien is engaged, with the testimonials clearly indicating the author's authority, expertise and knowledge of the alien's achievements; or
      • The group has commanded and will command a high salary or other substantial remuneration for services comparable to others similarly situated in the field, as evidenced by contracts or other reliable evidence.     Back to Top

P-2 Artistic Exchange
The P-2 classification applies to an alien coming temporarily to perform as an artist or entertainer individually or as part of a group, who will perform under a reciprocal exchange program between an organization in the U.S. and an organization in another country.

Petition Document Requirements
The I-129 petition must be filed by the sponsoring organization, an employer in the U.S., or the U.S. labor organization that negotiated the agreement. The petition must be filed with:

    • A written consultation by an appropriate labor organization;
    • A copy of the formal reciprocal exchange agreement between the U.S. organization's sponsoring the alien and the organization(s) in a foreign country which will receive the U.S. artist or entertainer;
    • A statement from the sponsoring organization describing the reciprocal exchange of U.S. artists or entertainers as it relates to the specific petition for which classification is sought;
    • Evidence the alien and the U.S. artist or entertainer subject to the reciprocal exchange agreement are artists with comparable skills and that the terms and conditions of employment are similar.
    • Evidence that an appropriate labor organization in the U.S. was involved in negotiating, or has concurred with, the reciprocal exchange of U.S. and foreign artists or entertainers. Back to Top

P-3 Culturally Unique Artists
The P-3 classification applies to aliens coming temporarily to perform, teach or coach as artists or entertainers, individually or as part of a group, under a program that is culturally unique.

Petition Document Requirements
The petition should be filed by the sponsoring organization or employer in the U.S. with:

    • A written consultation from an appropriate labor organization;
    • Affidavits, testimonials or letters from recognized experts attesting to the authenticity of the alien's or group's skills in performing, presenting, coaching or teaching the unique and traditional art forms and giving the credentials of the expert including the basis of his or her knowledge of the alienís or groupís skills.
      • Documentation that all of the performances or presentations will be culturally unique events, and;
      • Documentation that the performance of the alien or group is culturally unique as evidenced by reviews in newspapers, journals or other published materials. Back to Top