Sponsoring a P-3 Artist

Step 1: UH agreement
Step 2: Determine P-3 eligibility
Step 3: Prepare P-3 request
Step 4: FSIS processing and union consultation
Step 5: USCIS processing
Step 6: Apply for P-3 entry (artist is outside the U.S.)

Step 1: UH agreement

UH may sponsor an artist or performing group for a culturally unique program after a UH department has entered into an agreement with the performer(s). Once job offer has been accepted or contract for performance or production has been established, the department must determine whether all individuals are eligible to work in the U.S. If any person does not already have employment authorization for the UH job/contract, proper authorization will need to be secured before employment can begin. The P-3 classification may be an option for work authorization if the initial eligibility requirements are met.

As long as the performance, production, or job will be hosted or offered by UH, FSIS can assist with preparing a P-3 petition for the artist/group. However, if the performances/exhibits will take place at several different sites across the U.S. and for various employers, the artist/group must obtain the services of an agent to file the additional P-3 petitions on their behalf.

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Step 2: Determine P-3 eligibility

To qualify for P-3 classification, UH must prove the artist/group will take part in a “culturally unique” program. This means the purpose of the visit to UH must be to develop, interpret, represent, coach, or teach a unique or traditional ethnic, folk, cultural, musical, theatrical, or artistic performance or presentation. After arriving at UH, the individual(s) may only participate in cultural events that will further the understanding or development of the specific art form. The events may be of a commercial or noncommercial nature.

Essential support personnel

Essential support personnel who are an integral part of the performance of a P-3 artist or entertainer and who perform support services that cannot be readily performed by a U.S. worker are eligible for P-3S classification. Support personnel may include lighting designers, choreographers, directors, or others who are essential to creating a culturally unique program or production.

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Step 3: Prepare P-3 request

After the UH department determines that P-3 classification is appropriate, the P-3 request process may begin. All types of P-3 requests must be submitted to FSIS no later than two months prior to the requested P-3 start date. Submission of a late request may result in a P-3 beneficiary’s inability to start participating in the event on time or even the loss of legal immigration status in the U.S. Please note:

  • USCIS must accept a P-3 petition by the business day on or before the artist/group’s current status end date.
  • If P-3S essential support personnel will accompany the artist/group, a separate petition must be filed.
  • UH can request up to one year on an initial P-3 petition and up to one year on subsequent extensions.
  • UH can submit a petition to USCIS up to one year prior to the start date of the event or employment.
  • Consult with FSIS if an artist/group member is:
    • Planning to travel abroad while the P-3 petition is pending; or
    • An F-1 student whose F-1 status will end more than 60 days prior to the intended P-3 start date; or
    • A J-1 exchange visitor whose program will end more than 30 days prior to the intended P-3 start date; or
    • Still subject to the two-year residence requirement after being in J-1 or J-2 status. UH cannot file a P-3 in-country change of status petition in this case, so after the P-3 petition is approved, the beneficiary must exit the U.S. and follow the P-3 entry procedures.
  • Ask about family members who may require P-4 change of statuses or extensions; if needed, include their documents in the P-3 request packet.
P-3 request process

UH colleges/schools/departments/units need to follow each step below to complete and submit P-3 requests to FSIS.

1. The UH department initiates the P-3 request.

The UH department works with the P-3 beneficiary (or group representative, if the petition will be for a performing group) to obtain necessary information and documentation for the P-3 request packet. The department completes/gathers its portion of the documents listed on the P-3 Request Form.

If any document is not written in English, provide a translation and a translator’s certification.

2. The HR specialist reviews the P-3 request and attaches documents.

The UH department forwards its portion of the P-3 request packet to the HR specialist for the college/school/unit. The HR specialist reviews these documents and attaches any additional documents.

The HR specialist sends the complete hard copy request packet to an Immigration Specialist at FSIS.

3. FSIS emails the P-3 petition filing fee amounts and mailing account request to the HR specialist.

The college/school/department (as appropriate) follows the email instructions to request the filing fee check(s) from UH Disbursing. UH Disbursing will notify FSIS when the check(s) are ready for pick up. The unit must provide their FedEx account number or UH account number to charge the FedEx invoice.

Note: The P-3 artist/group may pay for the filing fee and/or for mailing.

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Step 4: FSIS processing and union consultation

Once FSIS receives the request from the HR specialist, we will review it and complete the following as long as all initial requirements are met:

  • Prepare USCIS Form I-129 Petition for a Nonimmigrant Worker;
  • Prepare a cover letter for the P-3 (and P-3S, if applicable) petition(s);
  • Prepare USCIS Form I-907 Request for Premium Processing Service (if requested); and
  • Review Form I-539/I-539A for any P-4 dependents (if applicable).
Union consultation

Upon completion, FSIS will FileDrop the HR specialist a copy of Form I-129 so the department can request a written consultation from an appropriate union or labor organization for the given occupation. For instance, if the artist is a dancer, the department may request a written consultation from the American Guild of Musical Artists. The department will need to obtain a separate letter from an appropriate labor organization if a petition will also be filed for P-3S essential support personnel. The letter(s) from the union(s) must be sent to FSIS so they can be included in the petition(s).

After receiving the union consultation and filing fee checks, FSIS will mail the petition with the fees to USCIS. FSIS will FileDrop a copy of the petition to the HR specialist and to the artist/group representative.

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Step 5: USCIS processing

Upon receiving the P-3 petition, USCIS will conduct an initial review to ensure the petition is being timely filed with the appropriate fee. If USCIS determines the petition has been properly filed, it will mail a receipt notice to FSIS, and we will email a copy of it to the HR specialist and artist/group. Please note the following regarding the different types of P-3 petitions:

Petition typeUH employment/EventInternational travel
Change of P-3 employerEvent/employment may begin after USCIS approves the petition.See important information about traveling abroad while a petition is pending.
Concurrent P-3 employmentEvent/employment may begin after USCIS approves the petition.See important information about traveling abroad while a petition is pending.
P-3 amendmentChanges to event/employment may take place after USCIS approves the petition.See important information about traveling abroad while a petition is pending.
P-3 change of statusEvent/employment may begin after USCIS approves the petition. Employment/event participation may begin prior to approval if the beneficiary has another type of valid work authorization.See important information about traveling abroad while a petition is pending.
P-3 extensionEvent/employment in the same position and under the same terms may continue for up to 240 days, provided the petition was timely filed, until USCIS renders a decision on the petition.See important information about traveling abroad while a petition is pending.
USCIS adjudication

Under regular processing, USCIS generally takes 1-3 months to adjudicate petitions.

If premium processing service is requested, USCIS will act on the petition within 15 business days (“Act on” = approve, deny, request further evidence, or notify of intent to deny). USCIS offers this service for an additional fee.

While the petition is pending, departments can check its status using the receipt number and view average processing times on USCIS’s case status website.

If the petition is approved, USCIS will mail a P-3 approval notice (Form I-797A or I-797B Notice of Action) to FSIS. FSIS will send the following documents to the HR specialist for distribution:

  • Memo to the artist/group and
  • Original approval notice for the artist/group.

P-3 status automatically begins/continues upon the approval notice’s start date. The artist/group does not need to leave the U.S. and reenter to begin/continue P-3 employment unless a Form I-797B has been issued. If a Form I-797B is issued, they must follow the P-3 entry procedures to begin P-3 employment/event participation.

Cancellation of employment/event

If the event/employment is cancelled for any reason, the department/HR specialist must notify an Immigration Specialist immediately so we can withdraw the petition.

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Step 6: Apply for P-3 entry

After the sponsoring unit sends the P-3 artist the approval notice and other documents, the artist/each group member needs to follow the steps below to apply for a P-3 visa and P-3 admission to the U.S. The same procedures apply to P-3S essential support personnel.

1. Apply for a P-3 visa.

Canadian citizens can skip and proceed to “2. Apply for P-3 admission at a U.S. port of entry” below. Individuals who already have P-3 visas that will be valid on the date they arrive in the U.S. do not need to apply for new ones and may also proceed to “2. Apply for P-3 admission at a U.S. port of entry” below.

To apply for a P-3 visa, the employee visits the U.S. Department of State’s U.S. embassies and consulates website to view the visa application requirements and to make an appointment for a visa interview. It is best to apply at the U.S. embassy/consulate having jurisdiction over the place of residence, though they may apply at any U.S. embassies/consulates worldwide that permit third country nationals’ applications. If the worker was ever a visa overstay in the U.S., they must apply for the visa at a consular office in their country of nationality.

P-3 visa application requirements differ by embassy/consulate, so the artist/group needs to check directly with the specific U.S. embassy/consulate on the requirements for the visa application if there are any questions.

Generally, all P-3 visa applications must include the following:

  • DS-160 nonimmigrant visa application confirmation page;
  • Visa interview appointment confirmation page;
  • Proof of payment of visa fees;
  • A passport-style photograph that meets DOS‘s nonimmigrant visa photo requirements;
  • Valid P-3 approval notice;
  • Passport valid for at least six months beyond the approval notice’s end date;
  • UH contract documentation; and
  • Any other documents required by the specific U.S. embassy or consulate.

If an artist/group has any family members who will come to the U.S. as dependents, they need to follow the P-4 entry procedures.

2. Apply for P-3 admission at a U.S. port of entry.

Next, the artist/group applies for P-3 admission at a U.S. port of entry up to 10 days prior to the start date on the approval notice and bring the following items to the port of entry:

  • Valid P-3 approval notice;
  • Valid P-3 visa in passport (N/A for Canadians);
  • Passport valid for at least six months beyond the approval notice’s end date (if the passport will expire before the approval notice end date, a shorter period of stay may be granted)); and
  • UH contract documentation.

Also present P-4 admission documents for any dependent family members.

Individuals are not guaranteed entry to the U.S. The U.S. Customs and Border Protection (CBP) officer at the port of entry will review all documents and ask the person about the purpose of the visit. These officers have the discretion to admit a person in P-3 status and any family members in P-4 status and may refer them to a more detailed secondary inspection.

When the P-3 artist is admitted into the U.S., all documents must be returned. CBP will issue an electronic Form I-94 for each person to access and print at the CBP‘s I-94 website. The Form I-94 printout is proof of admission to and legal immigration status in the U.S.

P-3 artists and P-4 family members need to keep copies of their passport biodata/expiration pages, visas, and Form I-94 records permanently in case any of these documents are lost or stolen.

3. Send copies of entry documents via UH FileDrop to FSIS.

After the P-3 artist/group members is/are admitted into the U.S., send the Immigration Specialist the following documents so we can update our records and check their admission:

  • Copy of Form I-94 printout from CBP‘s I-94 website;
  • Copy of P-3 visa in passport;
  • Copy of passport biodata page (if new/renewed); and
  • Copies of the Form I-94 printout, visa, and passport biodata page for each P-4 dependent (if applicable).

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