Finding Out the U.S. Artist Visa You Need
Attaining an appropriate visa is one of the most important steps to planning your time in the U.S., whether you plan to stay permanently or temporarily. All international artists should be aware that they cannot legally perform anywhere or get paid in the U.S. without having an official work visa or permit.
The good news is that several visa options exist for international entertainers and musicians looking to work in the US. Here are seven examples of available visas, and their requirements, so you can start figuring out which one is best suited for you and your situation.
Please note that the information provided in this article and on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. If you’re looking to apply for a visa to the US, you should always seek out the advice of a licensed attorney.
O-1 Visa
Eligibility:
For individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics.
You must demonstrate this extraordinary ability through national or international acclaim, or a record of extraordinary achievement in the motion picture and television industry.
There must be evidence of skill or recognition above that which is ordinarily encountered.
Things to Consider:
The O-1 visa makes the most sense for individuals who are highly skilled singers or musicians, and have the resources to prove their ability, talent, and reputation. If you’re in a band or group, this visa would only apply to the lead.
O-2 Visa
Eligibility:
For individuals who will accompany the O-1 holding artist, to assist in a specific event or performance.
You must have a previous relationship or experience with the O-1 holder, that is not of general nature and be skilled enough to assist in a way that it cannot be readily performed by a U.S. worker.
Things to Consider:
The O-2 visa is suitable for the other band or group members, because they are essential to putting on the performance and support the lead O-1 holder.
*For both the O-1 and O-2 visa holders, the initial period of stay in the U.S. is allowed for up to three years. To extend your stay, the government will consider how long you need to accomplish the performance or activity in increments of up to one year.
P-1B Visa
Eligibility:
For members in an entertainment group that has been established for a minimum of one year, and recognized internationally. Traveling to the U.S. to perform temporarily.
75% of the members must have a substantial and sustained relationship with the group for at least one year.
The group must have a high level of achievement and degree of skill in the artistic fields.
Things to Consider:
This type of visa excludes any type of individual or solo acts, and is only granted to entertainers that perform collectively as a part of a group.
P-2 Visa
Eligibility:
For performers going to the U.S. to perform temporarily, under a reciprocal exchange program between a U.S. organization, and an organization in another country.
Things to Consider:
Examples of these reciprocal exchange programs include: The American Federation of Musicians (U.S.), the American Federation of Musicians (Canada), the Screen Actor Guild - American Federation of Television and Radio Artists (SAG-AFTRA), and more.
P-3 Visa
Eligibility:
Coming to be a part of a culturally unique program.
For those coming to the U.S. with a purpose of developing, interpreting, representing, coaching, or teaching an ethnic, folk, or cultural artistic performance or presentation.
For those attending a commercial or noncommercial artistic, cultural event that will further develop the understanding or presentation of their artform.
B-1 Visa
Eligibility:
For those participating in business activities of commercial or noncommercial professional nature in the U.S.
You’re traveling to the U.S. for reasons like attending a conference, negotiating a contract, participating in a competition, using recording facilities, etc.
Things to Consider:
This is a great option for musicians traveling to the U.S. temporarily, who don’t have an official employer or agent. It should be noted that individuals with this visa are not allowed to receive any type of monetary compensation or salary from a U.S. source, and they should not intend to sell any sort of artwork.
B-2 Visa
Eligibility:
For amateur artists or entertainers traveling to the U.S. for tourism or leisure.
You may be performing in a social or charitable event, or participating in an amateur contest.
Things to Consider:
Both the B-1 and B-2 visas are for temporary visits that entail completing a task, conducting business, or casually enjoying as a tourist, and should not be considered if you’re looking to generate an income.
From the O visa for the truly exceptional to the B-1 visa for a short trip, each visa type has its own set of rules and regulations that will benefit every incoming artist differently. To continue your research and make the best choice, please consult with an immigration lawyer or visit the resources provided below.
Don’t let visa worries hold you back – explore your options, get the right help, and make your way to the U.S. to share your talent!