Should I file for my immigration visa as a music group or an individual?
As a musician you may be able to qualify for a visa to come and perform in the United as either an individual or as a member of a group. At times, the distinction between a musical group and a solo artist is clear. If you are performing on stage alone then you are most likely a solo artist and should file your petition as an individual artist. However, if you are an artist who relies on the help of a live band, backup singers, dancers, and others, you may also apply as a group.
Immigration published a policy guideline where they explained the manner in which the act is billed (advertised) is not a determining factor as to whether the act should be considered to be a group or a solo act. If a solo artist or entertainer traditionally performs on stage with the same group of people, the act may be classified as a group. The group has the burden of showing that 75% of the group members have been performing together as a group for over one year. If you do not meet the 75% rule, you may apply as an individual and file a separate petition for the rest of members essential support staff.
Music professionals may qualify for a P, O, B1, H-2b, EB1, B1, or other type of visa. Contact an attorney to find the best category for you!