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Elizee Law Firm is a full service immigration law firm. We can guide you through your current immigration issues. Actors and actresses may be eligible to enter the United States under one of several available nonimmigrant categories.

Visa for Actors and Actresses

B-1 and B-2 for Actors and Actresses

Generally, a member of the entertainment profession cannot work in the United States in the B-1 B-2 visa status, regardless of the amount or source of compensation. However, they may enter to perform in a social or charitable context or to compete in a talent show, contest, or athletic event without compensation except for incidental expenses.

H-2B for Temporary Workers

Alien entertainers who are not considered to have "extraordinary" ability or international recognition as "outstanding" must use the H-2B category, rather than the O and P categories, which are set aside for top-level entertainers.

H-2B Visa Requirements:

1.  An approved labor certification evidencing that unemployed, qualified U.S. workers are not available for this position in the region of the alien's proposed employment; and

2. Employment of the alien will not adversely affect the wages or working conditions of U.S.  workers similarly employed.

O-1 Aliens of Extraordinary Ability

Actors and Actresses can apply for O-1 status, although the standard for performers in television and film are different than that applicable to other artists. The "extraordinary" standard is defined differently, depending upon the alien's field of endeavor. Distinction is a high level of achievement in the arts evidenced by a degree of skill and recognition substantially above that normally encountered. Live stage performers would qualify for O-1 status under this standard.

There is no specific limitation on the period of stay and extension of stay may be authorized in increments of up to one year.

P Visas: Alternative to O-1 Visas

For those who do not qualify for O-1, there are the P series visas. The P-1 visa is usually used for musical groups and theatrical troupes that tour as a unit, and P-3 tends to be limited to live performers. The P-2, which is available for stage actors who are members of the Canadian or UK stage acting guilds.

Unrestricted Right to Work

Other legal options would be to obtain the unrestricted right to work for any employer by apply for an: employment-based immigration, family-based immigration, diversity lottery, asylum-seeker, refugee, or being the spouse or dependent of a nonimmigrant worker (the H-4 or L-2 visas).

Elizee Law Firm is full service immigration law firm. We can guide you and your family through your current immigration case. Our staff is fluent in Spanish and Haitian Creole. Contact us at (305) 371-8846.

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