The U.S. Citizenship and Immigration Services’ (USCIS) Administrative Appeals Office issued a binding precedent decision addressing the term “culturally unique” in the context of visa petitions for performing artists and entertainers. The P-3 nonimmigrant visa classification applies to artists or entertainers who come to the United States temporarily to perform, teach, or coach under a program that is “culturally unique.” In the case at issue, a P-3 visa petition was filed on behalf of a musical group from Argentina that was denied a performing artists’ visa for failing to establish that the group’s performance was “culturally unique.” The decision, issued on May 15, 2012, clarifies that a “culturally unique” style of art or entertainment is not limited to traditional art forms, but may include artistic expression that is deemed to be a hybrid or fusion of more than one culture or religion.
