The O Category

The O-1 category visa is useful for artists, musicians, entertainers, lecturers, and other performers and persons of special talent who wish to come to the United States to perform. The O visa is a non-immigrant visa which may be granted for a period of time up to three years. In order to qualify for an O category visa the applicant must establish that he or she is an “alien of extraordinary ability.” Thus, the applicant must be able to establish that he or she is recognized in the field in which he or she claims to have special talent or extraordinary ability.

The petition for an O category visa must be filed by an agent or employer in the United States. The petition may not be filed by the alien performer personally. In many cases, the applicant will be required to a letter of recommendation from a recognized labor organization in the United States.

The O category also allows aliens who will accompany or assist the O-1 alien in his or her performance. Such aliens may enter the United States with a O-2 visa. In order to obtain O-2 status, it must be established that the alien is an “integral part” of the actual performance and has “critical skills and experience” with the O-1 alien which cannot be filled by a U.S. worker.

Examples of person who may qualify for an O visa are: musicians, playwrites, poets, comedians, singers, opera performers, and actors.

The P Visa

The P visa category is reserved for athletes who compete individually or as part of a team at an internationally recognized level; or alien who perform with, or are an integral part of, performances by an entertainment group that has received international recognition.

The P visa category may be useful for internationally reknowned athletes or athletic groups such as tennis players or soccer teams who desire to compete in the United States or entertainment groups such as internationally recognized jazz or rock bands.