harrislaw_business-visasThe P-2 Visa Category

The P-2 category covers artists and entertainers, including individuals or groups, who seek to be admitted through a reciprocal exchange program between a foreign-based and U.S.-based organization (including a management organization) which are engaged in the temporary exchange of artists and entertainers. The exchange of artists or entertainers must be similar in terms of caliber of artists or entertainers, terms and conditions of employment (such as length of employment), and number of artists or entertainers involved in the exchange. Note, however, that the latter requirement does not preclude the applicant for group exchanges.

The P-3 Visa Category

The P-3 category covers artists and entertainers, including groups, who will perform “under a program that is culturally unique.” The meaning of this peculiar phrasing is not clear in the statute: must the performance be culturally unique or must the performers be part of a program that is culturally unique. The distinction is important, because a group that performs a traditional folk ballet of its native country may give a culturally unique performance, but if it will perform it on a nightly basis at a nightclub rather than as part of a folk ballet dance series at a concert hall, it may not be performing “under a program” that is culturally unique.