P-2 Reciprocal Exchange Agreements

The U.S. Citizenship and Immigration Services issued a memorandum to provide guidance for form I-129 on the petition for P-2 non-immigrants. Immigration regulations provide the basic requirements for the P-2 visa preference category. The regulations require P-2 petitioning employers submit a consultation, a copy of the reciprocal agreement and evidence that the beneficiaries are subject to the reciprocal exchange.

The regulations also require that the petitioner submit evidence that an appropriate labor organization in the U.S. was involved in negotiating, or has concurred with, the reciprocal exchange of the U.S. and foreign artists or entertainers.

Since there is no requirement that P-2 entertainers be of exceptional ability, supporting documents are limited to basic items as required in the regulations:

•  The consultation;
• A copy of the reciprocal agreement; and
• Evidence that the beneficiaries are subject to the reciprocal exchange.

At the present time, four P-2 reciprocal agreements have been negotiated. There is one between the American Federation of Musicians (U.S.) and the American Federation of Musicians (Canada), one between Actor’s Equity Association (U.S.) and the Canadian Actors’ Equity Association, one between Actor’s Equity Association (U.S.) and the British Actors’ Equity Association, and one between the International Council of Air Shows and the Canadian Air Show Association. If a reciprocal agreement is submitted other than the above four agreements, the USCIS adjudicator will review the agreement to determine if the agreement adheres to the regulatory standard.