Instructions For Petition For Nonimmigrant Worker (Form I-129) (Page 20 of 29) in pdf

4. Evidence that the beneficiary and the U.S. artist or group have comparable skills and that the terms of employment are

similar; and

5. Evidence that an appropriate labor organization in the United States was involved in negotiating or concurred with the

exchange.

P-3 Nonimmigrants

The P-3 classification is for aliens coming to the United States temporarily to perform, teach, or coach, individually

or as part of a group, in the arts or entertainment fields in a program that is culturally unique and which will

further the understanding or development of the art form.

Write P-3 in the classification block.

The petition must be filed with:

1. A written consultation (see General Evidence);

2. Evidence that all performances will be culturally unique events; and either

A. Affidavits, testimonials, or letters from recognized experts attesting to the authenticity of the beneficiary’s or

group’s skills in performing, presenting, coaching, or teaching art forms; or

B. Documentation that the performance of the beneficiary or group is culturally unique as evidenced by actual

reviews in newspapers, journals, or other published material.

Essential Support Personnel

The P-1S, P-2S, or P-3S classification are for aliens coming to the United States temporarily as essential and integral

parts of the competition or performance of a principal P-1 athlete, athletic team or entertainment group, P-2, or P-3

entertainer or entertainment group, because they perform support services which cannot be readily performed by a

U.S. worker and which are essential to the successful performance or services of the principal P-1, P-2, or P-3. The

accompanying personnel must have appropriate qualifications, prior experience and critical knowledge of the specific

services to be performed by the principal P-1, P-2, or P-3 petition.

Write P-1S, P-2S, or P-3S as appropriate in the classification block.

The petition must be filed with:

1. A written consultation (see General Evidence);

2. Evidence of the beneficiary’s qualifications to perform the services, if any;

3. A statement describing the beneficiary’s critical knowledge of the specific services to be performed and prior

experience with the principal P-1, P-2, or P-3;

4. Statements or affidavits from persons with first-hand knowledge that the beneficiary has had experience performing

the critical skills and essential support services for the principal P-1, P-2, or P-3; and

5. A copy of any written contract between the employer and the beneficiary or a summary of the terms of the oral

agreement under which the beneficiary will be employed.

Q-1 Nonimmigrants

The Q-1 classification is for aliens coming to the United States temporarily to participate in an international

cultural exchange program for the purpose of providing practical training, employment, and the sharing of the

history, culture, and traditions of the country of the alien’s nationality.

The culture sharing must take place in a school, museum, business, or other establishment where the public, or a segment

of the public sharing a common cultural interest, is exposed to aspects of a foreign culture as part of a structured program.

The work component of the program may not be independent of the cultural component, but must serve as the vehicle to

achieve the objectives of the cultural component. An employer (U.S. or foreign firm, corporation, nonprofit organization,

or other legal entity) or its designated agent may file the petition. If a designated agent is filing the petition, that agent

must be employed by the qualified employer on a permanent basis in an executive or managerial capacity and must be

either a U.S. citizen or lawful permanent resident.

Form I-129 Instructions 01/17/17 N

Page 20 of 29

Instructions For Petition For Nonimmigrant Worker (Form I-129) Page 20

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