O Visas vs. P Visas: Which One Is Right for You?

When deciding between an O visa and a P visa, it can be challenging to understand which one best suits your needs. Although they appear similar, there are a few critical differences to be aware of.

Let's break down the main distinctions to help guide your decision.

Individual vs. Group Applications:

The O visa is designed specifically for individuals, while the P visa allows groups, such as entertainment ensembles, bands, and sports teams, to apply collectively. This makes the P visa ideal for groups performing together in the United States. However, there are cases where groups may still use O visas. For instance, if one member qualifies for an O visa but the others do not, that individual could obtain an O-1 visa, while the rest of the group can join as support personnel under O-2 visas. This option can offer added flexibility compared to the P visa, particularly given the differences in the allowable visa duration.

Visa Duration:

Typically, O visas can be issued for up to three years, which makes them preferable for those who wish to stay longer without reapplying. P visas, on the other hand, are generally issued for a maximum of one year. An exception exists for individual athletes and their support staff under the P visa category, as they may qualify for up to five years. In both categories, extensions may be granted if there’s a valid work reason for an extended stay.

Eligibility Requirements:

To qualify for an O visa, an individual must demonstrate "extraordinary ability" in their field, which involves meeting a high standard of excellence. For P visas, the requirements are less stringent, with the group applicant needing to demonstrate international recognition and an outstanding reputation. In other words, while an O visa requires proof that the applicant is at the top of their field, the P visa focuses more on the group's overall reputation and visibility internationally.

Substituting Applicants After Approval:

One significant advantage of the P visa is its flexibility in allowing substitutions after approval. For example, if Bob, John and Betty are part of an entertainment group, and Bob gets sick, therefore cannot come to the US, the group can then hire someone else (Jack) to take Bob’s place. Jack, the substituted individual, can then apply at the consulate to pick up the visa instead of Bob, even though his name is not on the approval notice. Note that this will not work if Bob already picked up his visa from the consulate. This flexibility is invaluable for entertainment groups, particularly those with large casts or teams, as it allows for last-minute adjustments without needing a new visa application. Keep in mind that at least 75% of the group's members must have been performing together for at least a year to maintain eligibility when substituting members.

                                                       ********************

The 3 main differences are critical when deciding which visa to pursue. Choosing the wrong one could cause a denial and/or delays in getting the visa required for the work to be done in the US. This is important especially in the world of entertainment (including sports) because dates for shows or competitions are set in stone way in advance, fans have purchased tickets, and there is little room to change direction once you have started a particular process.

If you need more information about O or P visas or wish to speak with me directly to determine which visa best suits your needs, feel free to contact our office HERE to schedule a consultation.

For a deeper dive into P visas and O visas, visit our website. Additionally, check out my blog and video with APRA AMCOS, How to Make it to America and Stay There, where I answer artists' and managers' questions on navigating artist visas.