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The
U.S. Visa Type for Musicians Working in the United States |
| Hi
William, As a musician, can I enter the United States with B-1 or B-2 visa to record DVD in a studio, which will be sold in U.S. and over the world? Answer, Under the USCIS regulation, one of the key issues is whether the musician or performing artist will be paid for his or her services in the United States. An B visa nonimmigrant may not receive a salary from a U.S. source for services rendered in connection with the activities in the United States. However, a U.S. source may provide an expense allowance or reimbursement for expenses incidental to the temporary stay. For musicians, the main U.S. work visas are the O-1B (extraordinary ability) for top artists, P-1B for internationally recognized groups, and P-3 for culturally unique performances, all requiring a U.S. sponsor (employer/agent) and involving an I-129 petition with USCIS before a consular interview, with O-1 offering longer, renewable stays and P visas tied to specific tours or events. If the artist will not be paid for an event or service, but the event for the musician or artist will charge an admission fee or request a donation to attend the event, the general rule is that the alien artist should apply for a P visa or an O-1 visa to perform in the United States. The recording in a studio is generally considered a performance, the results of which would likely be an album, CD or other salable media, from which the performer will receive income such as royalties. Thus, the alien artist should apply for a P visa or an O-1 visa also to record in the United States. The musician visa types include:
1) O-1B Visa (Extraordinary Ability): For musicians with extraordinary
talent, proven by major awards, high pay, critical acclaim, or leading
roles. It has up to 3-year initial stay, renewable indefinitely, allows
working for multiple employers/agents, can bring support staff (O-2).
This vis has a higher bar for qualification.
2) P-1B Visa (Internationally Recognized Group): For members of an entertainment group recognized internationally for a sustained period (at least one year). This visa is good for established groups. But it is group focus, generally shorter duration around 1 year, requires non-immigrant intent. 3) P-3 Visa (Culturally Unique): For artists performing in culturally unique programs or events. This visa is good for culturally specific performances, initial period up to 1 year. But is must demonstrate cultural uniqueness with expert letters/reviews. 4) P-2 Visa (Reciprocal Exchange): For individuals or groups under a formal reciprocal exchange program, e.g., with certain musician unions. |
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