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Health & Fitness

What are O and P Visas?

Have you ever wondered how Elton John comes to the US to perform?  Did you think that someone as famous as Elton John just gets on an airplane and comes to the US? 

 

There are several countries in the world which are so trusted by the US, that foreign nationals coming to the US do not need to obtain any visas prior to boarding the airplane.  The US trusts that British citizens, for instance, will come to the US temporarily and return to their country.  People from England can complete a Visa Waiver on board an airplane while en route to the US.  The Visa Waiver is valid for only 90 days and does not allow a foreign national to work in the US or to Change Status or Extend Status while in the US. 

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However, there are many more countries which do not qualify for the Visa Waiver program, and must apply for a visa to come to the US.  Before Salma Hayek became legal and a naturalized US citizen, she would have had to apply for a temporary visa in order to come to the US legally to perform, since she was born in Mexico, for which there is no Visa Waiver Program.

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If Elton John comes to the US on a Visa Waiver, he would not be permitted to work legally. 

 

Therefore, Elton John might apply at the US Consulate in London for an O-1 Visa.  An O-1 Visa is a temporary visa for individuals’ with extraordinary ability or achievement.  An O-1A temporary visa is for persons of extraordinary ability in the sciences, education, business or athletics.  A famous athlete coming to participate in the Olympics might obtain an O-1A visa.  An O-1B temporary visa is for persons with extraordinary ability in the arts or motion picture or television industry.  This is the visa for which Elton John might apply.  O-2 temporary visas are for their staff and assistants who are an integral part of the performance, and O-3 temporary visas are for the spouse and children. 

 

The field of entertainment immigration is a huge industry in which deadlines are critical.  Elton John must apply for his visa and obtain it well in advance of his performance, or risk not being able to arrive in the US on time.  There is a very famous case involving John Lennon from the Beatles who was denied entry to the US based on a misdemeanor conviction for cannabis possession in London.  My immigration colleague represented John Lennon at the time, and the story is worth reading online.

 

My son and daughter are also both US immigration attorneys.  My son lives and works in Los Angeles, representing many television and movie studios, actors and actresses.  When a foreign entertainer has a foreign criminal conviction, getting that person into the US to perform can be a daunting case.

 

But, not every entertainer is as famous as Elton John.  How does an unknown entertainer come to perform on The Voice, for instance?  The P-3 Visa category is for artists or entertainers coming to the US to perform, teach or coach as artists or entertainers, individually or as part of a group, under a program that is culturally unique; such as folk, cultural, musical, theatrical or artistic performances which further the understanding of the art form.  Spouses and children may also accompany the P-3 visa holder, as well as supporting staff and assistants. 

 

Immigration attorney Cynthia Exner has offices in Danbury, CT and Port Chester, NY and has been practicing US immigration law for over 30 years.

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