Glendale Artist Visa Lawyer
Serving Clients Throughout Los Angeles & Across the US
O1 and P3 Visas
O1 and P3 visas allows artists of all kinds to legally enter and live in the US to secure gainful employment opportunities, further their skill and craft, participate in world-renowned festivals, and much more. Each visa type has its own requirements an applicant must meet to successfully receive their visa. On this page you will find information about who can apply for an O1 or P3 visa, what an application must demonstrate about the applicant, and how to appeal a denial from the United States Citizen and Immigration Services (USCIS).
Who Qualifies for P3 Visas?
To qualify for a P3 visa, a person must demonstrate that they want to temporarily come to the US to either teach or engage in an art form that is unique or culturally significant. In addition to this, the visa applicant must show that their art or teaching will happen at one or more events during their stay. These events can be non-commercial, like festivals or gatherings, or they can be commercial events like a touring act or class taught at a university or other institution.
How Long Does a P3 Visa Last?
A P3 visa allows an artist to stay for the duration of their project, tour, class, or activity, as long as it does not last for more than a year. The USCIS can grant one or more extensions, each in increments of up to a year.
How to Get an Artist Visa in the U.S.
To be eligible for an artist visa, the applicant must demonstrate extraordinary ability in their field, which is generally defined as being in the top percentage of performers in their field. This can be demonstrated through a variety of factors, such as receiving significant awards or prizes, having articles or reviews written about their work, or having a history of commercial or critical success.
In addition to demonstrating extraordinary ability, the applicant must also have a job offer from a U.S. employer or agent, and the work they will be performing must be in their field of extraordinary ability. The employer or agent must file a petition on behalf of the applicant with the U.S. Citizenship and Immigration Services (USCIS).
Artist visas are typically granted for up to three years, with the possibility of extensions. Spouses and children of the visa holder may also be eligible for derivative visas to accompany the visa holder to the United States. Getting an artist visa can be complicated. That’s why we recommend working with a skilled artist visa lawyer near you.
If you are interested in applying for an artist visa, our Los Angeles visa lawyers can help extraordinary artists achieve their citizenship goals. Contact Kostanyan Law APC by calling (818) 201-2636 today for help!
How to Appeal a Denied P3 or O1 Visa
If the USCIS has denied a P3 or O1 visa application, the applicant has 30 days from the date of the decision to file a federal appeal. Within that time frame, a person can submit an I-290B form, which provides the USCIS with further information about the applicant and why their petition should be accepted. It also asks the service center to reopen the application and consider it again with the added information.
Individuals who had their application denied are also able to refile an application. This option is similar to submitting an I-290B from, because it allows a person to revise their application to add necessary information. Unlike the process of submitting an I-290B, completely refiling a petition does not require an applicant to adhere to an appeals deadline.
In cases where a person feels that their application has been unfairly denied, they do have the option to litigate their matter.
For further guidance on what course of action would be best after having an application for an artist visa denied, consult a skilled attorney. Their legal knowledge and experience can help an individual know why the USCIS denied their application and whether appealing, refiling, or even pursuing litigation is right for their case.
How to Apply for a P3 Visa
To apply for a P3 visa, a person must submit a I-129 form and a host of support documents. These documents are crucial for the visa application because they demonstrate the applicant’s unique abilities, as well the legitimacy of the event(s) they plan to be part of to the USCIS.
Documents in a P3 visa application include:
- A consultation letter from the pertinent labor organization related to the artist’s area of work. For instance, if an artist wants to come to the US to act in any kind of film, they must get written certification from the Screen Actors Guild/American Federation of Television and Radio Artists (SAG-AFTRA).
- Explanation and evidence of the events the artist will participate in. Things that might satisfy this requirement are itineraries for events or tours, details of what events will entail, and where in the US the artist will need to be for their work.
- A copy of the artist’s contract with their employer or sponsor. If the artist entered an oral contract, they would need written evidence of that contract.
- Recommendation from fellow practitioners or experts in the artist’s field that speak to their ability and knowledge of their art form. In place of letters, applicants might provide published critiques that show the acclaim they have earned.
In addition to submitting these documents and the I-129, an applicant must submit a DS-160 form, which should include a photograph of them that fits the USCIS standards. There are instances where a person might have to participate in an interview at a US embassy or consulate as part of their visa application. In this interview, a representative of USCIS may ask about the applicant’s qualifications and reasons for applying for a P3 visa.
P4 Visas for Accompanying Family Members
For artists who want or need to have their family accompany them while they are in the US, their children or spouses under the age of 21 can apply for P4 visas. If their application is accepted, they may accompany the artist in the US and pursue education, but they cannot legally work.
What You Need to Know About an O1 Visa
The USCIS allows for two types of O1 Visas:
- O1-A: this visa is for individuals who have been successful and shown “extraordinary ability” in academia, business, or athletics.
- O1-B: this visa is for individuals who have been successful and shown “extraordinary ability” in the arts, including those in the film and television industries.
For a person to be able to obtain an O1 “extraordinary” visa, they must have achieved something extraordinary, as the visa’s description implies. Although the language of the requirement might appear vague, the requirements to obtain this type of visa are specific.
For an individual to obtain an O1 visa, they must have either 1) won or been nominated for an internationally recognized award (the USCIS website notes the Nobel Prize, for example), or 2) provide evidence of three of the following things or something similar/related to them:
- Major publications such as magazines, newspapers, online outlets, or trade journals have lauded the individual or their project in reviews, or even provided them with awards for their work and achievement.
- The individual has a contract to perform work for an organization or company that is highly reputable, as evidenced by their own acclaim and achievement.
- The individual has been commercially successful, which they are able to show through things like box-office ticket sales, contracts for work, receipts from auction sales, and so on.
- The individual has authored or otherwise contributed meaningful work in their field.
- The individual can demonstrate their high value compared to others in their field, as evidenced by their salary, the market value of their work, and more.
- The individual is part of a panel of fellow successful professionals in their field, or they uniquely qualified to serve as a judge of people performing work in their field.
- The individual is a member of a highly recognized association that requires significant skill or success to be part of.
How Long do O1 Visas Last?
If you apply and receive an O1 visa, you are permitted to stay in the United States for the duration of your project, residency, or other work-related activity. Your stay, however, cannot exceed three years, unless you petition to extend your visa. The USCIS allows people to renew their O1 visas for up to a year. If you need even more time, you may be eligible to extend your visa on multiple occasions, but only in increments of a year or less.
Can O1 Visa Holders Bring Family?
The USCIS allows spouses and children of an O1 visa holder who are under the age of 21 to apply for an O2 visa, which would allow them to be in the United States for the duration of the O1 visa holder’s stay.
Contact our Glendale artist visa attorney by calling (818) 201-2636 today!
