visa options for artists, musicians, and performers curran & berger llp immigration law office
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Visa Options for Artists, Musicians, and Performers
Curran & Berger LLP
Immigration Law Office
Overview
Nonimmigrant Visas (Temporary) Immigrant Visas (Permanent) Special Considerations
Nonimmigrant Category: O-1
Extraordinary ability 3 years to start, with
one-year extensions No minimum wage requirement
Extraordinary standard for artists
“Extraordinary” = “distinction” Distinction = “a high level of
achievement… evidenced by a degree of skill and recognition substantially above that ordinarily encountered to the extent that a person is described as prominent, renowned, leading or well-known in the field of arts.”
Evidence of DistinctionMust meet 3
Lead/starring participant in production/events with distinguished reputation as shown by critical reviews, ads, publicity releases, publications, contracts or endorsements
National or international recognition for achievements, as shown by critical reviews or other published materials by or about you in major newspapers, trade journals, magazines, or other publications
Evidence of DistinctionMust meet 3
A record of major commercial or critically acclaimed successes, as shown by such indicators as title, rating, or standing in the field, box office receipts, motion picture or television ratings and other occupational achievements reported in trade journals, major newspapers, or other publications
Significant recognition from organizations, critics, government agencies, recognized experts
Evidence of DistinctionMust meet 3
A high salary or other substantial remuneration for services in relation to others in the field
Other comparable evidence that establishes skill and recognition in the field
Petitioner
An O-1 artist may not petition for him/herself
Company or non-profit organization Agent – this is harder now There must be a contract or written terms
Length of Visa For “event” Event could be a residency, tour or
contract Max. of three years for the first visa No limit on one-year extensions Need itinerary or plan
Consultation
Need consultation from a labor union, if there is one
Examples: Actor’s Equity Assoc., American Federation of Musicians, etc.
Long term plans (intent)
No foreign residence requirement for O visa recipients
You may seek permanent residence from O status
O-1 Examples
Jazz musician who has played with highly regarded groups around the world and been noted in reviews in NY Times
Portuguese tile painter who is frequently commissioned to create pieces for government buildings, churches, private homes
Nonimmigrant Category: P
P-1 for internationally known entertainment groups (not solo artists)
P-2 for performing artists participating in reciprocal exchange program
P-3 for culturally unique artists
P-1 Entertainment Groups Based on group’s reputation, not
individual achievement Requires evidence that group has been
established/performing for at least 1 year Criteria for “international recognition” is
similar to O-1 Exceptions: 75% rule, national recognition Group can be US-based
P-2 Reciprocal Exchange
Few programs American Federation of Musicians has
program for Canadians Actors Equity has British program
P-3 “Culturally Unique” Broad definition: style must be unique to a
particular country, region, society, ethnicity, or other group
Broad use: teach, perform or otherwise represent their specialty in the U.S.
P-3 Examples
Musical group from Senegal in U.S. to perform and to record music for an educational production
Irish actor performing a one-man show in which a portion of the dialogue is in Gaelic
Nigerian dancer teaching at a performing arts high school
Petitioner
Artist may not petition for him/herself Business or non-profit organization Agent Contract or written terms
Duration of P visa
Length of event “Event” is flexible, may be an entire
season of performances No limit on one-year extensions
Consultation
consultation from a labor union, if there is one
“No objection” letter, opinion of the applicant’s work or confirmation of P-2 program
Long term plans (intent)
Foreign residence requirement for P visa recipients
Principals may seek permanent residence, but support personnel may not
High fraud consular posts are more likely to deny P visa applications
Other Nonimmigrant Visas H-1B for Specialized Workers
Position must require at least a bachelor’s degree in a specialized field
Minimum wage requirements 6 year limit
H-3 for Trainees/Apprentices Strict criteria Extensive documentation required
Other Nonimmigrant Visas
AILF J-1 Training Program http://www.ailf.org/exchange/
E-2 Treaty Investors E-3 for Australian Citizens
Similar to H-1B
Very limited use of B-1 visa
Immigrant Category: Extraordinary Ability
Similar to O-1 criteria, but higher standard Must meet standard for extraordinary
ability, rather than distinction Examples: jazz musician and Portuguese
painter both obtained permanent residence in this category
Immigrant Category:Labor Certification
Option if you have an employer (rather than an agent) and full time job
Requires a test of the labor market to show there are no minimally qualified U.S. workers for the position
Different standard for university teachers/instructors
Other Paths to Green Card
Family--based petition Political Asylum Diversity Lottery
http://travel.state.gov/ Spouse
Keep in Mind
Plan ahead for both nonimmigrant and immigrant visa options
Beware of letting your status lapse or unauthorized work
Teaching or other employment may be the fastest way to permanent residence
Any Questions?