O and P Visas:
Millar & Hayes Immigration Lawyers works with aliens of extraordinary ability in the sciences, arts, education, business or athletics to help them with their O and P visa immigration needs. Our firm ensure that all documents are filed and completed both quickly and accurately. Our extensive experience can translate to the success of your O or P visa application. We provide immigration law services tailored to meet the specific needs of your situation. Our mission is to provide clients with the highest quality immigration services. These legal services include superlative customer service and expertise, creative solutions, state-of-the-art technology, flexibility and fairness. If you are interested in learning more about O and P visas, contact us or schedule a consultation.
The O-1 visa is designated for aliens of extraordinary ability in the sciences, arts, education, business or athletics. The O-1 visa is very helpful for artists, athletes, entertainers, high-end chefs, and business people lacking professional degrees. There is no prevailing wage requirement, the O-1 visa may be extended indefinitely and there is no numerical limit to the number of O-1 visas issued. The O-1 visa is a good option for J1 visa holders who are subject to INA §212(E) and have not obtained a waiver. The J1 visa holder can apply for an O-1 visa via third country processing.
The P-1 visa is designated for entertainers, circus artists, and athletes who are coming to the U.S. temporarily to perform at a specific competition or event. An athlete who wishes to remain in the U.S. for a longer period of time should apply for an O-1 visa.
Scientists, educators, business persons and athletes who wish to qualify for the O visa must show three of the following:
- Receipt of nationally or internationally recognized prizes/awards for excellence in the field;
- Membership in associations in the field that require outstanding achievement of their members, as judged by recognized national or international experts;
- Published material in professional or major trade publications or major media about the alien;
- Participation on a panel or as a judge of the work of others in the same or an allied field of specialization;
- Original scientific, scholarly, or business-related contributions of major significance;
- Authorship of scholarly articles in professional journals or other major media;
- Current or previous employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation; or,
- Past or proffered high salary or other remuneration for services, evidenced by contracts or other reliable evidence.
Artists and Entertainers (except TV or movie stars) who wish to qualify for the O visa must show three of the following:
- Has performed/will perform services as a lead/starring participant in productions/events with distinguished reputations as shown by critical reviews, ads, publicity releases, publications, contracts, or endorsements;
- National/international recognition for achievement through critical reviews, other published materials by or about the beneficiary in major papers, trade journals/magazines, etc.;
- Has performed in a lead, starring or critical role for organizations and establishments that have a distinguished reputation evidenced by media articles, testimonials, etc.;
- Has record of major commercial or critically acclaimed success;
- Has achieved significant recognition from organizations, critics, government agencies, recognized experts;
- Has commanded or will command a high salary/other remuneration in relation to others in the field.
- Artists and Entertainers in connection with TV or Movies who wish to qualify for the visa must show a very high level of accomplishment in the motion picture or television industry evidenced by a degree of skill and recognition significantly above that ordinarily encountered to the extent that the person is recognized as outstanding, notable, or leading in the motion picture or television field.
O-2 and O-3 Visas
The O-2 visa is designated for persons that accompany and assist an O-1 visa holder in a specific athletic or artistic event or in the motion picture or television industry. O-2 visas are not available for those who accompany or assist O-1 visa holders in education, science, or business. Spouses and children of the O-2 visa holder may obtain an O3 visa to enter and remain in the US. The O3 visa holder may attend school but if he or she wishes to work, he or she must change his or her status to obtain a work visa. An O-2 classification applies to an accompanying alien who is coming temporarily to the United States solely to assist in the artistic or athletic performance by an O-1. The O-2 alien must:
- Be an integral part of the actual performances or events and possess critical skills and experience with the O-1 alien that are not of a general nature and which are not possessed by others; or
- In the case of a motion picture or television production, have skills and experience with the O-1 alien which are not of a general nature and which are critical, either based on a preexisting and long standing working relationship or, if in connection with a specific production only, because significant production (including pre- and post-production) will take place both inside and outside the United States and the continuing participation of the alien is essential to the successful completion of the production.
P Visas: Entertainers, circus artists, and athletes who wish to qualify for the P visa must show two of the following:
- Significant participation in a prior season with a major United States sports league;
- Participation in international competition with a national team;
- A written statement from an official of the governing body of the sport which details how the alien or team is internationally recognized;
- A written statement from a member of the sports media or a recognized expert in the sport which details how the alien or team is internationally recognized;
- The individual or team is ranked, if the sport has international rankings; or
- The alien or team has received a significant honor or award in the sport.
The P-2 Visa is designated for artists or entertainers individually or as part of a group entering the U.S. temporarily as a part of an exchange program. There should be two organizations involved in this exchange program: one in the U.S. and one abroad. Artists and entertainers who wish to qualify for the visa must show the following:
- 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 US 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; or
- 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.
The P-3 visa is designated for teachers and coaches 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. Teachers and coaches who wish to qualify for the visa must show the following:
- A written consultation from an appropriate labor organization;
- Documentation 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;
- 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.
- Spouses and children of the P-3 visa holder may obtain a P4 visa to enter and remain in the U.S.. The P4 visa holder may attend school but if he or she wishes to work, he or she must change his or her status to obtain a work visa.