All new O or P petitions, including those involving a change of status, may be approved for the duration of the event (itinerary, contract, etc.) in question. The maximum initial approval period for O petitions is three years. The maximum for P petitions is one year. However, obtaining the maximum period of time is a function of the proposed event and how it is described. In general, U.S. Citizenship and Immigration Services (USCIS) is not especially concerned with lengthy gaps between performances, at least for O-1Bs (and their accompanying O-2s and P-1B groups, for it recognizes the unique and often globe-hopping nature of the performing arts. Thus, a multi-year contract for a few performances each year should support a three-year O-1B or one-year P-1B approval, despite gaps of nearly a year.

However, where possible, it is prudent, especially in the case of P-3 itineraries with gaps of even as little as a few weeks, to provide documentation of the same type provided to support the requested itinerary that the beneficiary(ies) will be performing outside the U.S. during the gap. This may allay the natural concern of USCIS that the beneficiary(ies) will have no means of support while in the U.S. during the gap and may thus be forced to work at other jobs, without authorization, to make ends meet.

USCIS permits O and P aliens to enter the U.S. up to ten days before the classification period starts and to remain in the U.S. for up to ten days after the classification period ends, provided they do not work during these times. As a practical matter, while visas are valid when issued by consulates, and thus constitute valid travel documents, USCIS should NOT admit an alien in the desired status until ten days before the classification period begins. Moreover, if the alien intends to remain for up to ten days beyond the classification period, s/he must be sure USCIS tacks the extra ten days onto the I-94 on initial entry. Many USCIS inspectors are unaware of this provision, so it may help if the alien understands that no work will be permitted and is prepared to request the extra ten days available under 8 CFR § 214.2(o)(10) or (p)(12). Considering passing this citation on to the alien with an explanation of its significance before the alien leaves for the U.S. Remind the alien who intends to request the extra ten days to check his/her I-94 before departing inspection on entry. Artists seeking to remain in the United States as a tourist for more than 10 days after the O or P visa work period ends must apply for a change in status to a B-2 visa after arriving in the U.S.