Chapter 3 - Petitioners
A petitioner seeking to classify an alien as a P nonimmigrant must submit a Petition for a Nonimmigrant Worker (Form I-129) on his or her behalf. The petition must be properly filed with the required fee in accordance with the Form I-129 filing instructions. If the beneficiary will work for more than one employer within the same time period, each employer must file a separate petition unless an agent files the petition and certain requirements are met.
A request for an extension of stay for a P nonimmigrant or change of status for an alien who is present in the United States in another nonimmigrant classification must be filed on Form I-129. If the alien is already in the United States in a P nonimmigrant status and a new employer wishes to petition for him or her, that new employer must use Form I-129 to file for a change of employer or to add an employer, and to request an extension of stay for the person.
If there are any material changes in the terms or conditions of the P nonimmigrant’s employment, the petitioner must file an amended petition. However, a petitioner may add additional, similar performances, engagements, or competitions during the validity period without filing an amended petition.
The following petitioners may submit Form I-129 seeking to classify an alien as a P nonimmigrant:
- Petitions for P-1 nonimmigrants may be filed by a U.S. employer, a U.S. sponsoring organization, a U.S. agent, or a foreign employer through a U.S. agent;
- Petitions for P-2 nonimmigrants may be filed by the U.S. labor organization which negotiated the reciprocal exchange agreement, the sponsoring organization, or a U.S. employer; and
- Petitions for P-3 nonimmigrants may be filed by the sponsoring organization or a U.S. employer.
Agents as Petitioners
A U.S. agent may file a P-1 petition in the case where the beneficiary is in an occupation where workers are generally self-employed or use agents to arrange short-term employment with multiple employers, or where a foreign employer authorizes a U.S. agent to act on its behalf.
In some circumstances, outlined below, a petitioner may file for multiple beneficiaries on the same petition.
A petitioner may file for multiple P-1A beneficiaries. In addition, a petitioner may file for multiple beneficiaries that are members of a group seeking classification based on the reputation of the group. However, a separate petition must be submitted for the essential support (non-performing) personnel. More than one P-1 essential support personnel may be included on a petition.
P-2 group members can be included on a single petition. A separate petition must be submitted for the essential support personnel.
P-3 group members can be included on a single petition. A separate petition must be submitted for the essential support personnel.
[^ 1] Information on filing locations can be found on the Direct Filing Addresses for Form I-129, Petition for a Nonimmigrant Worker webpage.
[^ 2] See 8 CFR 214.2(p)(2)(iv)(B). See Requirements for Agents and Sponsors Filing as Petitioners for the O and P Visa Classifications (PDF) (PDF, 790.07 KB), HQ 70/6.2.18, HQ 70/6.2.19, issued November 20, 2009.
[^ 7] See 8 CFR 214.2(p)(2)(iv)(E). See Requirements for Agents and Sponsors Filing as Petitioners for the O and P Visa Classifications (PDF) (PDF, 790.07 KB), HQ 70/6.2.18, HQ 70/6.2.19, issued November 20, 2009.
8 CFR 214.2(p) - Artists, athletes, and entertainers
INA 101(a)(15)(P) - Extraordinary ability in arts or athletics as part of a group
INA 204(i) - Definition of Professional Athlete
INA 214(a)(2)(B) - Admission (Stay)
INA 214(c) - Admission of nonimmigrants
INA 214(c)(1) - Importing Employer
INA 214(c)(4) - Petition of Importing Employer
INA 214(c)(5)(B) - Return Transportation
INA 214(c)(6) - Consultation Requirement
Pub. L. 109-463 (PDF) - COMPETE Act of 2006
No appendices available at this time.
This technical update is part of an initiative to move existing policy guidance from the Adjudicator’s Field Manual (AFM) into the Policy Manual. This update does not make major substantive changes but consolidates and incorporates existing AFM guidance into the Policy Manual, streamlining USCIS’ immigration policy while removing obsolete information. This guidance replaces Chapter 33 of the AFM, related appendices, and policy memoranda.
U.S. Citizenship and Immigration Services (USCIS) is revising its policy guidance in the USCIS Policy Manual to align with the Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements Final Rule, published in the Federal Register on August 3, 2020. This guidance becomes effective October 2, 2020. For information regarding implementation, see Appendix: 2020 Fee Rule Litigation Summary.
U.S. Citizenship and Immigration Services (USCIS) is updating and incorporating relevant Adjudicator’s Field Manual (AFM) content into the USCIS Policy Manual. As that process is ongoing, USCIS has moved any remaining AFM content to its corresponding USCIS Policy Manual Part, in PDF format, until relevant AFM content has been properly incorporated into the USCIS Policy Manual. To the extent that a provision in the USCIS Policy Manual conflicts with remaining AFM content or Policy Memoranda, the updated information in the USCIS Policy Manual prevails. To find remaining AFM content, see the crosswalk (PDF, 327.05 KB) between the AFM and the Policy Manual.
This technical update replaces all instances of the term “foreign national” with “alien” throughout the Policy Manual as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”].