Non-Immigrant Visas for:
1. Persons of Extraordinary Ability (O Visa);
2. Professional Performers, Entertainers, and Athletes (P Visa);
3. Members of the Media (I Visa);
4. Cultural Exchange (Q Visa).
The O visa classification is available to persons with extraordinary ability in the sciences, arts, education, business and athletics, or extraordinary achievement in motion picture and television production, and their essential support personnel.The sponsor is required to file a petition, Form I-129 O, with the United States Citizenship and Immigration Services (USCIS). In the case of an alien who is traditionally self-employed or who uses agents to arrange short-term employment with numerous employers, an agent may file the petition with USCIS. An agent may also file a petition on behalf of a foreign employer.
Spouses and/or children under the age of 21 require derivative O-3 visas. Spouses and children may study in private or public schools in the United States on the O-3 visa. However, spouses on O-3 visas may not work. If a spouse on an O-3 visa is seeking employment, he or she must seek the appropriate work visa to do so. The principal O applicant must prove the ability to support the family while in the U.S.
The P-1 visa classification is meant for certain athletes, entertainers and artists, and essential support personnel. Individual members of the entertainment industry are not eligible for the P-1 visa classification, but individual athletes are. For members of the entertainment industry, the visa will be issued for a specific event only. However, individual athletes may be admitted for five years and a team for a period of six months.
The P-2 visa classification provides for the admission into the United States of an artist or entertainer, either an individual or group, involved in a reciprocal exchange program between an organization or organizations in the United States and one or more foreign countries which provides for the temporary exchange of artists and entertainers.
The P-3 visa classification provides for the admission into the United States of an artist or entertainer, either an individual or group, to perform, teach, or coach under a program that is culturally unique.The sponsor is required to file a petition, Form I-129 P, on behalf of the beneficiary with the United States Citizenship and Immigration Services (USCIS). A P visa applicant must satisfy the condition that she/he has a residence abroad, with no intention of abandoning.
Spouses and/or children under the age of 21 require derivative P-4 visas. Spouses and children of P visa holders may study in private or public schools. However, spouses on P-4 visas may not work. If a spouse on a P-4 visa is seeking employment, he or she must seek the appropriate work visa to do so. The principal P applicant must prove the ability to support the family financially while in the U.S.
Representatives of the foreign media traveling on assignment to the United States require “I” classification visas. Freelance journalists will only be considered for the “I” visa classification if they are under contract to a media organization. Definition of the term representative of the foreign media includes, but is not limited to, members of the press, radio, or film whose activities are essential to the foreign media function, such as reporters, film crews, editors and persons in similar occupations. As a general rule, stories that report on events, including sports events, are essentially informational and are usually appropriate "I" classification visa activities. People involved in associated activities such as proofreaders, librarians, set designers, etc. will require O, P or H visas.
Spouses and/or children under the age of 21 require derivative I visas. Spouses and children of I visa holders may study in private or public schools the United States on the derivative I visa. However, spouses on I visas may not work. If a spouse on I visa is seeking employment, he or she must seek the appropriate work visa to do so. The principal I visa applicant must prove the ability to support the family financially while in the U.S.
Participants in an international cultural exchange program designed to provide practical training, employment and sharing of the participant’s native culture, require classification Q visas.The training/employment must be approved in advance by the office United States Citizenship and Immigration Services (USCIS) in the United States on the basis of a petition, form I-129Q, which must be filed by the U.S. sponsor.The culture-sharing must take place in a school, museum, business, or other establishment where the public is exposed to aspects of a foreign culture as part of a structured program and must be designed to exhibit the attitude, customs, history, heritage, philosophy and/or tradition of the alien’s country of nationality. The organization must demonstrate that it has the ability to conduct a responsible international cultural exchange program and has the financial ability to remunerate the participant and offer him/her wages and working conditions comparable to those accorded local domestic workers similarly employed.
A Q visa petition is approved for the length of the program, or for fifteen months, whichever is shorter. The holder of a Q visa who has spent fifteen months in the United States may not be issued a visa or be readmitted under the Q visa classification unless he/she has resided and been physically present outside the United States for one year.
As a Q visa applicant, you must satisfy the condition of having a residence abroad with no intention of abandoning.
There is no derivative visa category for spouses and children of the beneficiary of a Q petition.