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O VISAS
Artists, scientists, athletes, scholars and businessmen who have
demonstrated "extraordinary ability" in their respective fields
are eligible for O visas to work temporarily for a U.S. employer.
Extraordinary ability must be documented by sustained national or
international recognition. O visa holders do not have to prove they
are maintaining a foreign residence during their stay and their spouses
and children are eligible for O3 visas. The staff of artists and athletes
can be admitted to accompany an O visa holder with an O2 visa. Although
theoretically O visas can be extended indefinitely, the initial issuance is
for a three year period and extensions must be filed annually. In practical
terms, O visas are granted for the duration of the project or event in which
the O visa holder is participating. Before most O visas can be approved, it
is necessary to consult with a labor union with expertise in the field of
endeavor who must be able to provide a "no objection" letter or an opinion
on the applicant's qualifications and the nature of the proposed work.
P VISAS
Artists and athletes who are unable to meet the stringent extraordinary
ability standard may be eligible for "P" visas. P visa admissions are only
granted for the duration of the activity or event in which the P visa holders
will participate. The maximum time period for which a P visa can be approved
is one year, except in the case of P1 athletes, who can be admitted for up to
five years. Prior to obtaining a P visa, applicants must show that they are
maintaining a foreign residence which they do not intend to abandon.
P-1 visas are granted to athletes and entertainment groups who can demonstrate
sustained international recognition (of at least one year) in their field,
P-2 visas are for artists participating in reciprocal exchange program, and
P-3 visas are available to culturally unique entertainers. Before a P visa
petition can be approved, it is necessary to consult with a labor union with
expertise in the field of endeavor. Essential support personnel for the
principal visa holders may also be granted P status.
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