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VISA SPOTLIGHT: P-2 VISAS

The 1990 Immigration Act created a category of non-immigrant visas for artists and entertainers seeking to enter the US under a reciprocal exchange agreement. Unlike the P-1 and O-1 visa categories, P-2 applicants do not need to make any showing of outstanding or extraordinary ability or even that they have any particular level of experience.

P-2 classification is available to artists or entertainers, individually or as a group, who will be performing under a reciprocal exchange program which is between an organization or organizations in the United and an organization or organizations in one or more foreign states. Essential support personnel may be included. Management organizations may serve as the exchange program sponsors under the P-2 regulations. But such exchange programs must provide for the temporary exchange of artists and entertainers, or groups of artists and entertainers.

The P-2 regulations require that the exchange of artists or entertainers must be similar in terms of the caliber of artists or entertainers, the terms and conditions of the employment (such as length of employment) and the numbers of artists or entertainers involved in the exchange. However, individual for group exchanges are permitted.

The P-2 rules state that the following evidence should be submitted with an application:

1. A copy of the formal reciprocal exchange agreement between the U.S. organization or organizations which sponsor the aliens and an organization or organizations in a foreign country which will receive the U.S. artist or entertainers

2. 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 P-2 classification is being sought

3. Evidence that an appropriate labor organization in the United States was involved in negotiating, or has concurred with, the reciprocal exchange of U.S. and foreign artists or entertainers, and

4. Evidence that the aliens for whom P-2 classification is being sought and the U.S. artists or entertainers subject to the reciprocal exchange agreement are artists or entertainers with comparable skills, and that the terms and conditions of employment are similar.

As noted above, essential support personnel can enter on P-2 visas with the artists or entertainers they are assisting. But to qualify, the following evidence needs to be submitted:

1. A consultation from a labor organization with expertise in the area of the alien's skill

2. A statement describing the alien(s) prior essentiality, critical skills, and experience with the principal alien(s) and

3. A copy of the written contract or a summary of the terms of the oral agreement between the alien(s) and the employer.

Though the P-2 visa category is relatively straightforward and flexible, it is not widely used. But there have been a few examples of successful use of the category. For instance, the American Federation of Musicians has an active exchange program allowing members from the US and Canada chapters to seek P-2 visas under the AFM's sponsorship.

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Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.

Siskind Susser Bland
1028 Oakhaven Rd.
Memphis, TN 38119
T. 800-343-4890 or 901-682-6455
F. 901-682-6394
Email: info@visalaw.com

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