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Temporary Visas
A Selected Chapter From Immigration Made Simple,
An Easy to Read Guide to the U.S. Immigration
Process
(5th Edition)
Barbara Brooks Kimmel and
Alan M. Lubiner, Immigration
Attorney
January 2000
O. Extraordinary Aliens
"O" aliens are those who have extraordinary ability in the sciences, arts, education, business or athletics. This includes those in the motion picture or television industries. The alien must have sustained national or international acclaim, or with regard to motion picture and television productions, have a demonstrated record of achievement.
The "O" alien must be entering the United States to continue work in the area of extraordinary ability, or for the purpose of accompanying and assisting in the artistic or athletic performance for a specific event. The alien must be an integral part of the actual performance, and possess skills and experience that cannot be duplicated by other individuals.
In the case of motion picture or television productions, the "O" applicant must have skills and experience that are critical, based on either a preexisting long-standing working relationship with the principal performer, or with respect to the specific production. This must be due to the fact that the significant production will take place both inside and outside the U.S., and the continuing participation of the alien is essential to the successful completion of the production.
Aliens of extraordinary ability, or extraordinary achievement in the motion picture or television industries are designated O-1. Aliens who accompany and assist O-1 aliens are classified O-2. This category is only available, however, for aliens who accompany or assist an O-1 alien in a specific athletic or artistic event. It is not available in the fields of education, science or business.
The spouse and children of O-1 or O-2 aliens are designated O-3. O-1 aliens do not need to have a residence abroad that they have no intention of abandoning, but O-2 aliens do have to maintain a residence abroad.
The standards for this visa category are very high. Television and movie artists must prove that they have a very high level of accomplishment, and that they have been recognized as outstanding, notable or leading. To show extraordinary ability in the sciences, business, education and athletics, applicants must document their recognition, with quality outweighing quantity.
"O" visas require a petition (Form I-129 with appropriate supplement) to be filed with the INS Regional Service Center having jurisdiction over the area in which the alien will be employed. The procedure is similar to that in H-1B cases. Established agents may file petitions (in lieu of employers) for an alien who is traditionally self-employed or who plans to arrange short-term employment with numerous employers. There are strict rules that agents must follow. Consult a professional for more information in this area.
The maximum period of validity of an approved "O" petition is three years. A petitioner may seek an extension in one-year increments.
P. Outstanding Athletes, Artists and Entertainers
"P" visas are reserved for athletes, artists and certain entertainers who have achieved national or international recognition as outstanding in their field. The standard is somewhat less than for "O" visas but the scope of eligible services is more limited.
There are three subcategories:
P-1. Members of entertainment groups, or individual athletes and members of athletic teams.
P-2. Artists or entertainers who are part of reciprocal international exchanges
P-3. Artists or entertainers coming to perform in programs that are culturally unique.
Teachers and coaches, as well as performers are now eligible for P-3 status, to encourage them to disseminate their knowledge. Aliens may also now be admitted for commercial or non-commercial performances. It is interesting to note that individual entertainers are not eligible for "P" visas, except for those participating in reciprocal exchanges, or performing in culturally unique shows.
Prior to the Immigration Act of 1990, athletes were admitted as visitors under a variety of situations. Now INS regulations grant P-1 status to professional athletes, while amateur athletes may still be granted B-1 status.
Like the "O" category, a petition is required. Family members are eligible for P-4 classification. All "P" nonimmigrants must seek to enter the United States temporarily, and are required to have a residence abroad that they do not intend to abandon. As with "O" petitions, an agent may file the petition. Individual athletes may be admitted for up to five years, and their stay may be extended for up to five years. The total period of stay for an individual athlete may not exceed ten years. All other "P" aliens can be admitted for up to one year, and their stay may be extended in increments of one year.
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