The US employer, a US sponsoring organization, a US agent, or a foreign employer through a US agent must file
the petition. Self-petition is not permitted.
Petition for P visa must filed with the USCIS by filing the
Form I-129, Petition for a Nonimmigrant Worker,
with the USCIS. The petition must be sent to the appropriate
Regional Service Center of USCIS that has jurisdiction over the P visa
worker's place of employment.
The petition allows the USCIS to review the services to be performed and to determine eligibility
for P visa classification.
It may take 2 to 8 weeks to process the application. If the application is approved, USCIS will mail the Form I-797, Notification of Approval, to the petitioner and to the beneficiary. USCIS will also send the notification of the approval
to the appropriate
US embassy/consulate.
The approval notice will contain the beneficiary's name, the classification, and the petition's
validity duration. If the petition is denied, an employer or the sponsor may seek an appeal.
Once the petition is approved, the beneficiary must obtain a
P visa at the
US embassy/consulate to be able to enter the US.
Following documents must be submitted with P visa petition:
- Copy of a written contract between the petitioner and the alien. If there is no written
contract, a thorough description of their oral agreement or a summary of the terms of employment.
- A written advisory opinion from an appropriate labor organization.
Such opinion is not binding on US immigration, but will be given considerable weight.
- Duration (the start and end dates) of the events or activities
- Description of the nature of the events the P-visa holder will participate in or the activities
he/she will perform
- Classification specific: