Visa Options for Entertainers

Any entertainer coming to perform in the U.S. will need a working visa.  The McEntee Law Group can provide representation for all types of musicians and entertainers from the traditional folk singer to the contemporary indie band. 


Please contact us if you are an entertainer in need of a U.S. working visa.

B-1/2 Visa or Visa Waiver Program


Amateur Bands, Musicians & Entertainers:  i.e. those who normally perform without renumeration. 

 

They can enter on a B-1/2 (visitor's visa) or the 90 day Visa Waiver Program if:

  • they are performing in a charitable/social context as long as they will not be paid for the performance (other than an allotment of expenses)
  • they are performing as part of a talent show for which they will receive no payment (other than prize money)

Amateur Bands, Musicians and Entertainers can perform at an event where an attendance fee is charged as long as the fee is used to cover the cost of the event OR if any profit made goes to charity.

 

Professional Bands, Musicians/Entertainers:  i.e. those who normally perform for payment.  

 

Please note that musicians are classified as "professional" even if they do not earn a living from the money they earn on gigs.

 

Professional Bands, Musicians and Entertainers can only enter on the B-1/2 (visitor's visa) or the 90 day Visa Waiver Program if:

  • they are participating in a cultural program sponsored by their home country + performing in front of a non-paying audience + all expenses will be paid by the home country's government; or 
  • they are participating in a competition/talent show for which there is no renumeration, other than prize money and expenses. 

Visits to the U.S. solely for promotional purpose (i.e. where no performance will be undertaken) may also be permitted under the B-1/2 visa or the Visa Waiver Program.  As this is a gray area of the law, we recommend that you contact us so that we may prepare documentation for you in the event the immigration officer questions you regarding the purpose of your trip. 

If you are an entertainer/musician/band, amateur or professional, and want to come to the U.S. for any other purpose other than the limited ones listed above, you will need a working visa. 

P-1 Visas

The P-1 visa (subcategory P-1B) is utilized for members of a foreign-based band or entertainment group that is internationally recognized or well-known.  This visa allows these artists to come to the U.S. to participate in performances for a U.S. employer or agent. 


To qualify for under this category, the entertainment group must meet a basic standard of international recognition.  Specifically, the successful applicant must demonstrate a “high level of achievement in the field evident by a degree of skill and recognition substantially above that ordinarily encountered, to the extent that such achievement is renowned, leading, or well-known in more than one country.”

 

To qualify for a P-1 visa, the entertainment group must have at least two members.  In addition, the regulations require seventy-five (75%) of the group to have been performing together for at least one year at the time the case is filed.

 

The type of entertainment group contemplated by a P-1B visa could include musicians, dancers, circus personnel, singers and most other types of performance groups.  


Please contact the McEntee Law Group for a consultation and assessment on whether your group qualifies for a P-1 visa.  

O-1 Visas

The O-1 visa is available to individuals with extraordinary ability in the entertainment industry.

 

In order to qualify for an O-1 visa, the applicant must be able to establish that he/she is recognized in the field in which he/she has special talent or extraordinary ability. Examples of people who may qualify for an O-1 are as follows: musicians, playwrites, poets, comedians, singers, opera performers, and actors.  

 

Artists and Entertainers (except TV or movie stars) who wish to qualify for the visa must show three of the following:

  • as performed/will perform services as a lead/starring participant in productions/events with distinguished reputations as shown by critical reviews, ads, publicity releases, publications, contracts, or endorsements;
  • National/international recognition for achievement through critical reviews, other published materials by or about the beneficiary in major papers, trade journals/magazines, etc.;
  • Has performed in a lead, starring or critical role for organizations and establishments that have a distinguished reputation evidenced by media articles, testimonials, etc.;
  • Has record of major commercial or critically acclaimed success;
  • Has achieved significant recognition from organizations, critics, government agencies, recognized experts;
  • Has commanded or will command a high salary/other remuneration in relation to others in the field.

The McEntee Law Group can assess your case to see if you qualify for an O-1 visa. 

Green Cards for Musicians & Entertainers

There are a variety of ways to obtain permanent residency status (green card) for musicians and entertainers. 


One of the most common ways is to pursue the EB-1 (extraordinary ability) green card category.  The requirements for this category are similar to that of the O-1 visa however, the standard is higher.  Approval of an O-1 petition, while it may be persuasive evidence, does not guarantee approval of an EB-1 green card. 


The McEntee Law group can advise you on any feasible green card options you may have.  Please contact us today at info@mcenteelaw.com