The P1S visa is a nonimmigrant (temporary) visa for the essential support staff of the P1A athletes or the P1B entertainment groups. The P2S visa is a nonimmigrant (temporary) visa for the essential support staff of P2 artists or entertainers (individually or as a group) working under an artistic reciprocal program. The P3S visa is a nonimmigrant (temporary) visa for the essential support staff of P3 artists or entertainers (individually or as a group) under a culturally unique program.
The P1S/P2S/P3S essential support staff visas are dependent on their P1/P2/P3 visa workers and cannot be filed as a stand-alone visa petition.
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Table of Contents
The P1S/P2S/P3S essential support staff of P1/P2/P3 visa workers must (1) be a highly skilled person who is an integral part of the P1/P2/P3 visa worker’s performance, (2) the service that they provide cannot be readily replaced by a U.S. worker and is essential to the success of the P1/P2/P3 visa worker’s performance, and (3) they are qualified to provide those services, have critical knowledge of the P1/P2/P3 visa worker’s performance, and have experience in supporting the P1/P2/P3 visa worker.
The original statutory wording for qualified persons for P1S/P2S/P3S visas can be found in 8 CFR 214.2(p)(4)(iv), 8 CFR 214.2(p)(5)(iii), and 8 CFR 214.2(p)(6)(iii).
P1S Essential Support Staff
P1S essential support staff of P1A athletes can include but is not limited to coaches, scouts, trainers, referees, linesmen, broadcasters, interpreters, umpires, other team officials, etc.
P1S essential support staff of P1B entertainment groups can include but is not limited to backup dancers and musicians, lighting technicians, sound engineers, stage personnel, etc.
P2S/P3S Essential Support Staff
P2S/P3S essential support staff of P2/P3 artists or entertainers (individually or as a group) under a P2 reciprocal exchange program or a P3 culturally unique program can include stagehands, trainers, persons who have critical knowledge of the specific services that will be performed, etc.
The initial P1S/P2S/P3S visa grants a period of stay for up to 1 year depending on how much time is required to complete the event, competition, or performance in the United States. The P1S/P2S/P3S visa holder is allowed to enter the United States 10 days before the start date and stay an additional 10 days after the end date. However, the P1S/P2S/P3S worker cannot work in those additional 20 days.
Most P1S/P2S/P3S visa renewals (extensions of stay) are granted in 1-year increments depending on how long the P1S/P2S/P3S visa worker needs to finish their initial event, competition, or performance. The P1S essential support staff of P1A individual athletes is the only type of support staff that can be granted a renewal (extensions of stay) for up to 5 years (and a total of 10 years maximum) depending on how long the initial event, competition, or performance needs to be completed.
In general, the actual period of stay granted to the P1S/P2S/P3S essential support staff follows the period of stay that the P1/P2/P3 visa holder is granted for because the P1S/P2S/P3S visa is dependent on the P1/P2/P3 visa.
The P1S/P2S/P3S visa has three main requirements that need to be satisfied: evidence must be provided to the USCIS to show that (1) the person is an integral part of the P1/P2/P3 visa worker’s performance, (2) the person’s services cannot be readily replaced by a U.S. worker and is essential to the success of the P1/P2/P3 visa worker’s performance, and (3) the person is qualified to provide those services, have critical knowledge of the P1/P2/P3 visa worker’s performance, and have prior experience in supporting the P1/P2/P3 visa worker.
The original statutory wording for the evidentiary requirements of the P1S/P2S/P3S visas can be found in 8 CFR 214.2(p)(4)(iv)(B), 8 CFR 214.2(p)(5)(iii)(B), and 8 CFR 214.2(p)(6)(iii)(B).
Documents Required for the P1S/P2S/P3S Work Visa (Essential Support Staff of P1/P2/P3 Visa Worker)
The evidence provided to the USCIS for the P1S/P2S/P3S visa must show:
- (A)
- The P1S/P2S/P3S visa worker will continue to work (temporarily in the United States) in the same area of expertise that was used as the basis to apply for the P1S/P2S/P3S visa
The P1S/P2S/P3S work visa petition requires the person to prove that they will continue to work temporarily in the same area of expertise that was used as the basis to apply for the P1S/P2S/P3S visa after entering the United States with their approved visa.
P1S/P2S/P3S Visa Sponsoring Employer (or Agent)
The P1S/P2S/P3S work visa petition requires the support staff to be sponsored by a U.S. employer (or agent), which means that only the U.S. employer (or agent) can initiate and pay for a P1S/P2S/P3S visa. A P1S/P2S/P3S visa sponsoring employer (or agent) can be an (a) U.S. employer, (b) U.S. agent, or (c) foreign employer through a U.S. agent. The sponsoring employer (or agent) should have a (FEIN) federal employer identification number. A foreign employer here can be the foreign person themselves if they are self-employed.
Contracts
A contract between the sponsoring employer (or agent) and the P1S/P2S/P3S visa worker must be provided. The content must include the terms and conditions of the P1S/P2S/P3S visa worker’s employment, the specific wage offered, and details of any additional services provided. Offers of employment are not enough to satisfy the standards here. Evidence required can include:
- A copy of the written contract. (recommended)
- A summary of the terms of the oral agreement.
When the P1S/P2S/P3S visa sponsoring person (or entity) is a U.S. agent that is performing the function of an employer, the additional evidence required are:
- A written contract with the P1S/P2S/P3S visa worker that includes the wage, employment terms, and details on additional services.
- An itinerary that includes definite employment and information on any other services planned.
When the sponsoring person (or entity) is a U.S. agent that is representing both the P1S/P2S/P3S visa worker and one or more employers, the additional evidence required are:
- Documents that show the sponsoring U.S. agent is authorized to act as an agent for the P1S/P2S/P3S worker and all the other entities that the P1S/P2S/P3S visa worker is contracted to perform services for.
- The contracts between the P1S/P2S/P3S visa worker and all the other entities that the P1S/P2S/P3S visa worker will perform services for should include an explanation of the terms and conditions of employment.
- An itinerary that shows the specific dates of the services or engagements, the names and addresses of the contracted entities, and the name and addresses of the establishments, venues, or locations where the services are performed.
When the P1S/P2S/P3S visa sponsoring person (or entity) is a U.S. agent that is filing on behalf of a foreign employer, the additional evidence required are:
- Documents that show the P1S/P2S/P3S visa sponsoring U.S. agent is authorized to file this petition and accept service of process on behalf of the foreign employer.
- Copies of any written contracts (or summary of the terms of the oral agreement) between the P1S/P2S/P3S visa worker and the foreign employer.
Consultation (Written Advisory Opinion)
A written advisory opinion on the P1S/P2S/P3S visa worker’s qualifications and the nature of the work must be provided. The written advisory opinion must come from the appropriate U.S. labor organization in the P1S/P2S/P3S visa worker’s field of expertise.
The content of the written advisory opinion must include information about the P1S/P2S/P3S visa worker’s qualifications, the nature of the work that will be performed in the United States, evaluation of the essentiality and working relationship in regards to the P1/P2/P3 visa worker, a statement of whether there are U.S. workers that are available to do the work instead. Evidence required can include:
- Written advisory opinion (that includes the content required and is signed by an authorized official from the organization or group).
- Letter of no objection (when the consulting organization has no objection of the P1S/P2S/P3S visa petition being approved).
- (B)
- The P1S/P2S/P3S support staff must be an integral part of the P1/P2/P3 visa worker’s performance and is essential to the success of the P1/P2/P3 visa worker’s performance
The P1S/P2S/P3S work visa petition requires the support staff to be an integral part of the P1/P2/P3 visa worker’s performance and is essential to the success of the P1/P2/P3 visa worker’s performance. Evidence required can include:
- Statement explaining how the P1S/P2S/P3S visa worker’s role was and is essential, and the critical knowledge and experience the P1S/P2S/P3S visa worker has with the P1/P2/P3 visa worker (unless the person is coming to work in a Major League Sport).
- Testimonials from experienced and authoritative personnel that attest to the P1S/P2S/P3S visa worker’s qualifications, experience, and critical knowledge.
- Documents that show the P1S/P2S/P3S visa worker’s qualifications.
The total time a P1S/P2S/P3S visa takes is consisted of the processing time for the (1) P1S/P2S/P3S visa petition (Form I-129) with the USCIS and the (2) visa application (DS-160) at a U.S. consulate or embassy overseas if the person is not already in the United States or is ineligible to do a change of status within the United States.
Factors that influence the P1S/P2S/P3S visa processing time usually include but are not limited to if there was any Request for Evidence (“RFE”) issued, and the caseload of the USCIS service center and the U.S. consulate or embassy.
Premium Processing for Form I-129 (Expedited Service)
A rough estimate for the Form I-129 petition for the P1S/P2S/P3S visa is around 3 to 4 months. However, a 15-day premium processing (Form I-907) is available for the Form I-129 part of the P1S/P2S/P3S visa petition. Premium processing is an optional expedited service where the USCIS guarantees that the case will be processed within 15 calendar days (not business days). When a notice of intent to deny (NOID) or a request for evidence (RFE) is issued, a new 15 calendar days will start when the USCIS receives a response from the applicant. If the USCIS fails to process within the time frame, a refund of the service fee will be given and the case will continue to be expedited. Please note that USCIS’s guaranteed response may be an approval notice, denial notice, notice of intent to deny (NOID), request for evidence (RFE), or open an investigation for fraud or misrepresentation.
The current premium processing fee for the P1S/P2S/P3S visa is $2500 USD and it can be requested when the original petition is submitted to the USCIS or an upgrade to premium processing can be done when the case is pending.
After the USCIS approves the P1S/P2S/P3S visa petition (Form I-129), the person will then need to change into their P1S/P2S/P3S visa status. There are 2 ways to change into the P1S/P2S/P3S visa status: change of status (done in the United States) and consular processing (done outside of the United States).
Change of status is usually for a person who is already in the United States with another valid nonimmigrant visa status and has maintained a lawful visa status throughout their time in the United States. On the other hand, consular processing is for a person who lives outside the United States or for a person who is ineligible to change their status in the United States due to noncompliance of U.S. immigration law (e.g., overstayed on their previous visa status, worked when they did not have valid U.S. work authorization, the visa status they used to enter the United States does not allow them to change into another type of visa status, etc.)
For a person who is residing overseas (outside the United States) or a person who is ineligible for change of status with the P1S/P2S/P3S visa petition (Form I-129), consular processing must be done to obtain the P1S/P2S/P3S visa status. Consular processing involves the person attending an in-person interview at the U.S. consulate or embassy usually in the person’s home country. In certain circumstances, a person can do consular processing in another country as a “Third Country National.”
After the interview approval at the U.S. consulate or embassy, the person would have to be admitted entry into the United States by the CBP officer at the border (usually at the airport) which means that the person would have to physically enter the United States as the final step for the P1S/P2S/P3S visa status to be activated.
For a person who is already in the United States with another valid nonimmigrant visa, there are usually two options available to obtain the P1S/P2S/P3S visa status:
(1) Change of Status: this is the more commonly chosen option where the person states that they would like to change their status without leaving the United States in their P1S/P2S/P3S visa petition (Form I-129). If the person is eligible (no violations of U.S. immigration laws), then their nonimmigrant visa status will be changed upon the approved employment start date listed in the P1S/P2S/P3S visa petition. In cases where the person’s change of status request is denied or the person needs to change it into consular processing, an application for action on an approved application or petition (Form I-824) may be required.
(2) Consular Processing: this must be chosen if a person cannot show that they have maintained lawful visa status in the United States or for any other reasons such as the person needs to travel internationally before the P1S/P2S/P3S visa petition is approved.
In general, the P1S/P2S/P3S visa is dependent on the P1/P2/P3 visa which makes it hard for the P1S/P2S/P3S visa worker to change to a different employer unless the change is because the P1/P2/P3 visa worker changed to that employer. The P1S/P2S/P3S visa typically cannot be substituted by another person.
Amended Petition
If there is a material change in the terms and conditions of the P1S/P2S/P3S visa worker’s employment or the P1S/P2S/P3S visa worker’s visa eligibility, then an amended P1S/P2S/P3S visa petition must be filed with the USCIS.
Early Involuntary Termination
If the P1S/P2S/P3S visa worker’s employment was terminated involuntary (e.g., the P1S/P2S/P3S visa worker did not voluntarily resign) before their visa status expiration date, the sponsoring employer or agent would have an obligation to pay a reasonable transportation cost to the P1S/P2S/P3S visa worker to return to their last place of residence before coming to the United States.
Dependent family members (spouse and unmarried children under 21 years old) of P1S/P2S/P3S visa workers are allowed to stay in the United States under the P4 visa status but they are not allowed to work. Studying is allowed for P4 visa holders.
Dual intent visas allow the foreign person to have both an intent to temporarily stay in the United States and an intent to permanently stay in the United States. The intention to permanently stay in the United States can be shown when the foreign person has a pending green card petition with the USCIS or an approved PERM labor certification from the U.S. Department of Labor.
Both P1S/P2S/P3S visas and P1/P2/P3 visas require the foreign person to maintain a residence (home address) overseas that they have no intention in abandoning, however, the P1/P2/P3 visas are dual intent visas that allow the person to have a green card (permanent residency) petition pending while still being able to maintain and extend (renew) their P1/P2/P3 visa status in the United States.
In comparison, the P1S/P2S/P3S visas for the foreign support staff of P1/P2/P3 visa workers are not dual intent visas which means the person is not allowed to have the intention of staying permanently in the United States. And thus a P1S/P2S/P3S visa worker having a pending green card petition will interfere with their eligibility to maintain and extend (or renew) their P1S/P2S/P3S visa status in the United States. For example, if a P1S/P2S/P3S visa holder leaves the United States after they have filed a green card petition (which is an intention of permanently staying in the United States) with the USCIS, it would be likely that they will not be allowed to back to the United States with their P1S/P2S/P3S visa because it is not a dual intent visa and only allows the foreign person to have an intention to temporarily stay in the United States.
The P1S/P2S/P3S visa is for the essential support staff of P1/P2/P3 visa workers. The P1S/P2S/P3S visa is not a stand-alone visa petition and cannot be filed without a P1/P2/P3 visa worker (i.e., athlete, artist, entertainment group).
The closest alternative to a P1S/P2S/P3S visa is an O2 visa. The O2 visa is for essential support staff of O1A visa workers (who are persons with extraordinary ability in the sciences, education, business, or athletics), O1B visa workers (who are persons with extraordinary ability in the arts), or O1B MPTV visa workers (who are persons with extraordinary achievements in the motion picture and television industry).
Another possible alternative to filing a P1S/P2S/P3S visa petition would be to file for a green card petition which is a permanent immigrant visa and not a temporary work visa like the P1S/P2S/P3S visa. For more on green cards gained through work, please read the overview for employment-based green cards.
If you have a P1S/P2S/P3S work visa (support staff of P1 visa workers, P2 visa workers, or P3 visa workers) immigration question, please fill out our contact us form or send us an email with some basic information about your background and your immigration needs. We will do our best to respond within 48 hours.
How we can help?
Kylie Huang Law’s immigration attorney will help identify whether the P1S/P2S/P3S visa is the appropriate nonimmigrant visa category for the client’s (or the client’s beneficiary’s) professional background and if there are other visa options for the client (or the client’s beneficiary). We will work closely with our client to prepare a convincing case for their (or it’s) P1S/P2S/P3S visa petition and we will also strategize on how the P1S/P2S/P3S visa petition should be presented to achieve the best chances of approval. It is strongly advised and common practice to retain an immigration attorney for a P1S/P2S/P3S work visa petition due to the complexities in the immigration process and visa requirements.
What does the typical process look like to retain (hire) us?
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- Fill out the form (with some basic information on what your immigration needs are)
- Sign up and log into the client portal to schedule an appointment online
- Attend scheduled appointment (typically a phone call or zoom meeting)
- Retainment (signing a contract to hire us)
- Start processing case
- Gathering required documents
- Preparing paperwork
- Confirming contents of documents that will be submitted
- Filing the case
- Following up on the status of the case
- Close the case when a final determination is issued
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- Fill out the form (on what your immigration needs are)
- Sign up and log into the client portal to schedule an appointment
- Attend scheduled appointment (typically a phone call or zoom)
- Retainment (signing a contract to hire us)
- Start processing case
- Gathering required documents
- Preparing paperwork
- Confirming contents of documents that will be submitted
- Filing the case
- Following up on the status of the case
- Close the case when a final determination is issued
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- b.
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- Step 8:
- Fill out the form (on what your immigration needs are)
- Sign up and log into the client portal to schedule appointment
- Attend scheduled appointment (typically a phone call or zoom)
- Retainment (hire us)
- Start processing case
- Gathering required documents
- Preparing paperwork
- Confirming content of documents that will be submitted
- Filing the case
- Following up on the case status
- Close the case when a final determination is issued
RELATED ARTICLES
- P1S/P2S/P3S Visa Checklist (Support Staff)
- P visa Overview (Athlete & Entertainer)
- P1A Visa (Internationally Recognized Athlete)
- P1A Visa Requirement & Documents
- P1A Visa Checklist (Athlete)
- P1B Visa (Member of Internationally Recognized Entertainment Group)
- P1B Visa Requirement & Documents
- P1B Visa Checklist (Entertainment Group)
- P2 Visa (Artist Reciprocal Exchange Program)
- P2 Visa Checklist (Reciprocal Exchange Program)
- P3 Visa (Artist Culturally Unique Program)
- P3 Visa Checklist (Culturally Unique Program)
- O Visa Overview (Extraordinary Ability / Achievement)
- O1A Visa (Extraordinary Ability in Science, Education, Business, Athletics)
- O-1B Visa (Extraordinary Ability in Arts & Extraordinary Achievements in Motion Pictures or Television)
- O2 Visa (Essential Support Personnel)
- H Visa Overview
- H1B Visa (Specialty Occupations)
- L Visa Overview (Intra-company Transferee)
- R1 Visa (Religious Worker)
- E Visa Overview (Treaty Trader & Investor)
- TN Visa (NAFTA Professionals)
- Employment-Based Green Card Overview (LPR)