P-3 VISAS FOR VIETNAMESE PERFORMERS COMING TO THE US

The P-3 visa classification is for entertainers who are coming to the US to work temporarily. A U.S. sponsor must submit an I-129 Petition for a Non-Immigrant Worker to USCIS . Along with the I-129, the employer must submit a copy of the contract, explanation of the event and the itinerary, and documentation that the performance is culturally unique.

It is possible for the performer to change employers while in the US, but

only after the new employer has filed a new Form I-129 with USCIS requesting permission to hire the performer and extend the stay.

CIS approval of P3 status is valid for one year, but the Consulate in Saigon or the Customs and Border Patrol officer at the port of entry can reduce the time that the performer can remain in the US.

P3 applicants must prove that they are coming to the U.S. to develop, understand, promote or facilitate a culturally unique art form. They must also show that they have achieved national or international recognition and provide proof that they are outstanding in their field.

After USCIS approves the petition, it sends the Notice of Action, Form I-797, to the sponsoring employer. After USCIS approves the P3 visa petition, the performer may apply for the P3 visa at an American Consulate in Saigon.

USCIS will notify the American Consulate. The performer must take the P3 approval notice to the consulate for the non-immigrant visa interview. Before the interview, the DS-160 must be submitted on line and the non-immigrant visa fee must be paid. And the usual visa application items are also required: passport, passport photo, letter from US employer.

It is important for performers and their US employers to carefully follow the requirements of CIS and the US Consulate. Performers cannot rely on their fame or success in Vietnam to influence CIS or Consular officers. Most CIS and Consulate officers are not familiar with the names of Vietnamese performers. It is also known that some performers obtain Tourist visas to go to the US and while they are there, they work without permission. So, P-3 visa applications are examined very carefully.

After CIS approves the petition and the performer has a visa interview at the US Consulate, there may be requests for more information or clarification. The case may be delayed by “Administrative Processing”. This can mean that the consulate staff place a low priority on P-3 visa processing, or they have some doubts about the sponsor in the US, or they are simply not impressed by the famous name of the performer. In any case, the P-3 sponsorship process should be started six months before the start date of the performances in the US, to allow plenty of time for processing at the Consulate.

After the Consulate finally approves the visa for the performer, the Consulate is supposed to enter the approval status in the information data base shared by the Department of State and the Department of Homeland Security. Sometimes there is a delay entering the data, and when the performer arrives in the US, officials at the airport are suspicious about the visa in the passport. This will result in extensive questioning and delay at the airport.

Finally, some performers have a five or ten year multiple entry visa to the US. This means that they can visit the US many times as Tourists. But, for each time they want to perform in the US, they must have a P-3 visa, which is separate from the multiple entry visa.

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Q.1. When should the US sponsor submit the P-3 application to CIS?
A.1. CIS will accept the P-3 application up to six months before the date of the performance in the US. Sponsors should allow plenty of time for processing at CIS and the US Consulate.

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Q.2. Is CIS Premium Processing available if the performer needs to be in the US quickly?
A.2. Yes, CIS does offer Premium Processing. Premium Processing Service provides expedited processing for employment-based petitions and applications. USCIS guarantees 15 calendar day processing to those who choose to use this service and they promise to refund the Premium Processing Service fee if they do not complete processing within 15 days. If the fee is refunded, the case will continue to receive expedited processing. The Premium Processing fee is $1,225 in addition to the $325 fee for the P-3 application.
However, paying the Premium Processing fee to CIS does not guarantee that the case will get expedited treatment at the US Consulate in Saigon.

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Q.3. Can a performer self-petition for a P-3 visa?
A.3. The P-3 visa is only available after the US sponsor has filed an application with CIS, so the performer cannot self-petition.

 
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