OBTAINING WORK VISA TO COME AND PERFORM AS A MUSICIAN IN THE UNITED STATES

The United States has always been a welcoming country to entertainers and artists of all genres as well as talented performers from various cultures, showering them with appreciation, recognition, and rewards. It is critical to understand that in order for musicians and singers to work and be paid in the USA, they MUST have a work-authorized status. This implies that you cannot legally work and perform in the United States without a work visa or permit.

A work visa is a type of visa that allows the holder to accept employment in a foreign country for a specific period of time. It may be issued as a passport stamp or as a separate document. It is needed to enter the country for the purpose of performing paid work and may also be needed for volunteering and unpaid internships. This type of US visa does not allow individuals to work in the United States indefinitely or permanently; therefore, the length of time that an individual will be working should be specified in the employment contract or visa application. The conditions you must meet and how long you can work in the United States depend on the type of immigration status the Department of Homeland Security (DHS) grants. You must comply with all conditions of your employment authorization and the terms of your admission to this country. If you violate any of the conditions, you could be removed from or denied re-entry into the United States. Below are the types of US Temporary Work Visas available for Musicians:

O Visas

O-1B: Allows individuals or professionals with extraordinary ability in the arts (including music) or extraordinary achievement in motion picture or television industry to enter the US to work, perform or practice their craft.

O-2: For Individuals who will accompany an O-1 artist or athlete to assist in a specific event or performance

O-3: This is for individuals who are the spouse or children of O-1 and O-2 visa holders.

P Visas

P-1B: The P-1B visa is for musicians who want to come to the United States to perform as part of an entertainment group that has been recognized internationally as outstanding for an extended and significant period of time.

P-2: This type of visa is for musicians who are coming to the US to perform under a reciprocal exchange program between a US organization and an organization in another country. The program must also be recognized by the government, and the musicians participating in the exchange must be comparable to their counterparts in the United States. It should be noted that the labor organization needs to also be the musician or group's sponsor.

P-3: The P-3 visa is for those who want to come to the US for the purpose of developing, interpreting, representing, coaching, or teaching a unique or traditional ethnic, folk, cultural, musical, theatrical, or artistic performance or presentation.

Q-1 Visa

The Q-1 Visa allows musicians to stay in the United States for fifteen months. It is similar to the P-3 visa in that the musician is seeking to come for the purpose of sharing history, culture, and traditions of their home country. In the case of the Q-1 visa holder, the musician does this by participating in an international cultural exchange program. Although an integral part of the Q-1 visa holder's duties must have a cultural component, the Q-1 cultural exchange program is also a job-oriented program that seeks to give the Q-1 visa holder practical training and employment. Furthermore, those with Q-1 visas need to be at least 18 years old and have a good communication skills when discussing the cultural aspects of their home country.

B Visas

B-1: If musicians are performing in front of a non-paying audience as part of a cultural program sponsored by their home country and all associated costs are covered by that nation's government, they may enter the United States on the B-1 visa.

B-2: The B-2 visa is the temporary tourist visa and is generally limited to visits for pleasure. One of the rare instances where a musician may enter the US on the B-2 visa includes visits by amateur musicians or amateur musical groups (those who normally perform without compensation) who will receive no remuneration in a musical event or contest.

Who may sponsor a musician to come to the United States?

It is important to note that if musicians wish to work in the United States, their visa must be sponsored by a US based entity. As the petitioner, the sponsor submits the visa application on behalf of the musician beneficiary. A sponsor is required for musicians applying for the O, P, and Q visas mentioned above.

For the O and P visas, only a US employer, a US agent, or a foreign employer through a US agent may sponsor the musician. Typical sponsors for musicians include US managers, agents, record labels, event producers and even venues where the musicians will perform. A musician may only work for the sponsoring organization or company and cannot sponsor themselves for these visa categories (although, if sponsored by an agency, there may be some range in the variety of events and clients for whom the musician may perform through the O visa).

On the other hand, in order to qualify for a Q-1 visa, a musician must be sponsored by either an employer that administer cultural exchange programs or that employer's designated agent.

The options of visas available for artists and entertainers are different and designed specifically with varying provisions at hand, therefore, it is necessary to understand what your options are, their purposes, and their applicability to your circumstance. The requirements, restrictions, and specific permissible activities of each visa category can be complicated. However, consulting an immigration attorney can help determine which option is best and guide your throughout the process. For more information on how we can assist you, please visit our website at www.elizeelawfirm.com or email us at intro@elizeelawfirm.com.

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. Phone 305-371-8846.