What if I am in the United States on a P-3 visa, but I want to extend my stay?

Under the conditions of your cultural performance visa, you are only allowed to remain in the U.S. for the duration of the event, activity, or performance. No matter how long the activity lasts, your residence cannot last for longer than one calendar year. 

However, there are ways to extend your stay. U.S. Citizenship and immigration services allows those with P-3 visas to file for extensions in increments up to one year in order to continue participation in their cultural program. If you wish to remain in the U.S. for longer than one additional year, you may apply to change your non-immigrant status, but this may mean exchanging your visa for a different type. Lastly, you may also wish to remain in the U.S. under another employer. 

You can apply to change your nonimmigrant status as long as you:

  • Were lawfully admitted to the U.S. under a nonimmigrant visa
  • Still have a valid nonimmigrant status
  • Have not violated any of the conditions of your status
  • Have not committed any crimes during the length of your stay

To apply for an extension or change your status, you will need to fill out a new Form I-129 and submit it to the USCIS. If you are changing professions, your new employer must file a new Form I-129 to request permission to employ you. You cannot start working with your new employer until the Form I-129 has been approved.

Vaughan de Kirby
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San Francisco California EB-5 Investment Immigration Attorney