Chapter 3 - Petitioners

A petitioner seeking to classify a person 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.[1] 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.[2]

A request for an extension of stay for a P nonimmigrant or change of status for a person who is present in the United States in another nonimmigrant classification must be filed on Form I-129.[3] If the person 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.[4]

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.[5]

A. Eligible Petitioners

The following petitioners may submit Form I-129 seeking to classify a person 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.[6]

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.[7]

B. Multiple Beneficiaries

In some circumstances, outlined below, a petitioner may file for multiple beneficiaries on the same petition.

P-1 Petition

A petitioner may file for multiple P-1A  beneficiaries.[8] In addition, a petitioner may file for multiple beneficiaries that are members of a group seeking classification based on the reputation of the group.[9] However, a separate petition must be submitted for the essential support (non-performing) personnel.[10] More than one P-1 essential support personnel may be included on a petition.

P-2 Petition

P-2 group members can be included on a single petition. A separate petition must be submitted for the essential support personnel.[11]

P-3 Petition

P-3 group members can be included on a single petition. A separate petition must be submitted for the essential support personnel.[12]

Footnotes


[^ 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.

[^ 3] See 8 CFR 214.1(c)(1).

[^ 4] See 8 CFR 214.2(p)(2)(iv)(C)(1).

[^ 5] See 8 CFR 214.2(p)(2)(iv)(D).

[^ 6] See 8 CFR 214.2(p)(2)(i).

[^ 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] See INA 214(c)(4)(G).

[^ 9] See 8 CFR 214.2(p)(2)(iv)(F).

[^ 10] See 8 CFR 214.2(p)(2)(i).

[^ 11] See 8 CFR 214.2(p)(2)(i).

[^ 12] See 8 CFR 214.2(p)(2)(i).

Current as of November 23, 2021