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. 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 a person who is present in the United States in another nonimmigrant classification must be filed on Form I-129. 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.
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 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.
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.