P-2 Visa for Participants in Reciprocal Exchange Programs

A short-term U.S work visa is available to artists or entertainers, either individually or as part of a group, who come to the U.S. to perform under a reciprocal exchange program between the U.S. and one or more other countries. All essential support personnel are included. (This comes from the Immigration and Nationality Act at I.N.A. § 101(a)(15)(P), 8 U.S.C. § 1101(a)(15)(P), at the USCIS regulations at 8 C.F.R. § 214.2(p).)

There is no annual limit on the number of people who can receive P-2 visas each year.

Here are some of the advantages and disadvantages of this specialized work visa:

• You can work legally in the U.S. for your P visa sponsor. If, however, you want to change jobs, you must get a new visa.
• A P visa can be issued fairly quickly.
• The visa will be granted for the length of time needed to complete the program, up to a maximum of one year.
• You may travel in and out of the U.S. or stay continuously for as long as your visa stamp and status are valid.
• Your spouse and unmarried children under age 21 may accompany you, but they may not accept employment in the United States.

Application Requirements for P-2 Visa

Once you have been offered a job, getting a P-2 visa is a two- or three-step process:

• Your U.S. employer files what is called a “visa petition” on USCIS Form I-129, with supporting documents, including evidence of the legitimacy of the program, such as a formal, written exchange agreement. In addition, a labor union in the U.S. must have either been involved in the negotiation of the exchange or have agreed to it. The U.S. individual or group being exchanged must have skills and terms of employment comparable to the person or group coming to the United States. The visa petition can be filed up to one year before a scheduled event. If you are already in the U.S. in lawful status, the visa petition can simultaneously ask that your status be changed to P-2, in which case, the process will successfully end here.
• If you are outside the U.S., then a visa petition must still be filed, but after approval, you take that approved visa petition to the U.S. consulate in your home country in order to obtain a P-2 visa. You will need to pay a fee and fill out State Department Form DS-160, Nonimmigrant Visa Application, beforehand, online.  Also bring a valid passport; one U.S. passport-type photo; and marriage or birth certificates of any spouse or children who will be accompanying you. If the visa is approved, then you may (depending on which country you are from and its agreements with the United States) also need to pay what is called a “visa reciprocity fee.” For the latest amounts, see the “Fees for Visa Services” page of the U.S. State Department’s website.
• Finally, you use either your visa or (if you are from Canada, a visa-exempt country) the notice of your approved visa petition to enter the U.S. and claim your P visa status.