Jamaica Magazine

Immigration: P-3 Visa for Culturally Unique International Artists and Bands

Summer is now here and with the onset of warm weather there will be cultural celebrations. Cultural celebrations range anywhere from reggae festivals to annual events where a specific style of music or dance is performed. Recently, my firm has had the pleasure of obtaining a number of temporary visas for internationally acclaimed artists and bands for the upcoming summer and fall events in the United States. This month’s article will briefly discuss and outline the requirements for a P-3 visa.

Definition: The P-3 visa classification applies to non-citizens who are coming temporarily to perform, teach or coach as artists or entertainers, individually or as part of a group, under a program that is culturally unique. This visa classification is utilized annually by non-profit and private organizations that have chosen to invite a particular artist and/or band to perform in the United States.

Pitfalls:  In my practice there are three common pitfalls to avoid when applying for a P-3 Visa. The first pitfall is that many organizations do not fully grasp the importance of providing adequate documentation to show the cultural uniqueness of the artist or band. The P-3 visa is designed specifically for a unique cultural artist or band. As such, the burden of proof is on the petitioner to provide evidence of the cultural uniqueness of the artist and/or band. More importantly the petitioner must demonstrate that the cultural uniqueness of the artist/or band is a required component of the petitioner’s event.

The second pitfall is that P-3 visa application requires that the petitioner obtain a consultation letter from an appropriate labor organization that confirms the cultural uniqueness of the artist and/or band. Most petitioners are unaware of the appropriate labor organization and most times they assume that the appropriate labor organization does not exist and so they submit their application without the required letter. The determination of whether to not the appropriate labor organization exists is a legal one and is best left to an attorney.

The third and final pitfall is that petitioners usually fail to submit adequate documentation regarding the success and career of the artist and/or band. This step is vital because it demonstrates that the artist and/or band have obtained notoriety for a specific performance or musical presentation.  

 

If you are an organization who would like to sponsor an artist or a band to perform in the United States, please submit your contact information to our firm at [email protected]. My firm will streamline the P-3 visa process and as well as answer any specific questions that you may have.   

 

Disclaimer: This article is a broad overview of the P-3 visa classification. This article is provided as a public service and is not intended to establish an attorney-client relationship. Any reliance on the information contained herein is taken at your own risk. The information provided in this article should never replace informed counsel when specific immigration-related guidance is needed.

About the Writer:
Safiya Byars ([email protected]) is the senior partner and owner in the Law Office of Safiya Byars (www.byarslawgroup.com). She is an active member of the Caribbean and International communities in Georgia. She graduated Summa Cum Laude from the University of Montevallo and received her law degree from the University of Alabama in Tuscaloosa, Alabama. Her office is located at 160 Clairemont Avenue, Ste. 200, Decatur, Georgia 30030.  Attorney Byars handles all immigration matters, deportation defense, family law issues, and business formation/litigation. To discuss you case, contact Attorney Byars at 404-992-6506 or 678-954-5809.

About the author

Safiya Byars, Esq

Safiya Byars is the founder and senior partner of the Byars Firm. Attorney Byars serves as the Chair of the Family Immigration Continuing Learning Education and the Vice-Chair of the Immigration Law Section of the State Bar of Georgia. She is a native of Kingston, Jamaica. The Byars firm is located at 3720 Chamblee Dunwoody Road, Suite D2, Chamblee, Georgia 30341. The Byars Firm handles Immigration, Family, and Estate Planning matters. We can be reached at 678-736-5600 and email: [email protected]