Can I Perform or Record as a Musician on a Visitor or ESTA Visa? Here’s What Musicians Need to Know

Many foreign musicians ask if they can come to the United States using a visitor visa (B-1/B-2) or through the Visa Waiver Program (ESTA) to perform, record, or tour. The short answer is NO. In most situations, you cannot legally perform or record music in the U.S. on a visitor visa or when traveling with ESTA, especially if you are getting paid or your work will be distributed in the U.S. There are a few, limited exceptions, and immigration officers have become much stricter about enforcing these rules in recent years.

Can You Legally Perform as a Musician on a Visitor Visa in the U.S.?

The B-1/B-2 visitor visas and ESTA are programs intended for short-term trips including business meetings, tourism, or visiting friends and family. They do not grant permission for employment or to work in the U.S. While on these, you are able to attend music industry meetings, conventions, negotiations, visit studios or producers to discuss future collaborations, explore the U.S. for tourism purposes, and participate in unpaid amateur activities that are exclusively social or charitable.

What You Cannot Do as a Musician on a Visitor or ESTA Visa

If you are planning to perform in concerts, clubs, or festivals, be paid by a U.S. promoter or venue, record music that will be sold or distributed in the U.S. or take part in a ticketed or public event where people pay to see you perform, then you cannot use a visitor visa. These activities are considered work under U.S. immigration law and require a proper employment or performer visa.

There is one situation where recording may be possible under a B-1 visa, and it must meet the following conditions:  entering the U.S to participate in a recording session for a project that will be released and distributed exclusively outside of the United States, you are not being paid by a U.S. company or promoter, and there are no public performances or ticketed events connected to the recording.

The ESTA route (90-day visa waiver) is treated similarly in terms of prohibition of employment and public performances, and cannot be extended or changed to a work visa while inside the U.S.

The “Showcase” Exception

A few musicians participate in unpaid showcases which are the short performances meant to promote their talent to industry professionals, not for public entertainment purposes. In theory, this may be done on a visitor visa or ESTA, but it’s risky. If an officer decides the event looks like a paid or public performance, they are able to refuse you entry.

Proper Visa Options for Musicians

If you plan to perform, tour, or record music for release or sale in the U.S., you must apply for a visa that allows artistic work. Common options include the P-1B visa for members of internationally recognized bands, the P-2 visa for artists under reciprocal exchange programs, the P-3 visa for culturally unique performances, and the O-1B visa for artists of extraordinary ability.

Common Mistakes and Current Enforcement Trends 

Free gigs are not always safe, even if they are unpaid performances. Immigration officers at entry points are stricter now, ESTA cannot be extended, misrepresentation of your trip’s purpose, or even the officer’s perception of your trip’s purpose may lead to ESTA and visa bans, cancellations and future visa denials.

If you are traveling to the U.S. for vacation, meetings, or a short studio visit with no U.S. income or public performance, a visitor or ESTA visa may be fine. If you plan to perform, tour, or record for commercial release, apply for the appropriate performer visa, do your best to avoid gray areas, carry proof of the purpose of your trip, and consult an immigration attorney before traveling.

Visitor and ESTA visas are not designed for musicians to perform or record in the United States. They are for tourism and brief business visits only. While a few exceptions exist, they are narrow and risky. The safest and most reliable way to perform or record music in the U.S. is to apply for the visa that best suits your performance style and genre.

Patricia Elizee is the managing partner of the Elizee Law Firm, an immigration law firm located at 1110 Brickell Avenue, Suite 315, Miami, Florida 33131. The firm was founded in 2012 and is known for its compassionate, results-driven approach to immigration law. Ms. Elizee earned her Juris Doctorate from the University of Miami School of Law and her Master of Laws from the University of Washington School of Law.