In some cases, an performing artist can come to the US without a visa or with a visitor visa. Many artists coming to the US for compensated or longer-term engagements will start by obtaining a P-1B, P-2, or P-3 entertainer visa or an O-1 extraordinary ability visa. P visas are generally easier to obtain because they require a lower level of ability, while O-1 visas are more advantageous in that they allow a wider array of activities in the United States. Permanent residency (a “green card“) can be obtained in many cases, but takes months (if not years) to obtain, so most individuals start with a non-immigrant visa and then aim to obtain a green card later on. These visas are each discussed in detail below.
Performing as a Visitor
Performing artists are sometimes allowed to visit the US on B visas or the Visa Waiver Program for the purposes of performing.
- Amateur entertainers can use a B-2 visa or VWP as long as they are not compensated for the event (expense reimbursement is allowed).
- Professional entertainers are allowed to use a B-1 visa or VWP if their only compensation for the event is prize money.
- Entertainers performing before a non-paying audience with all expenses paid by their home government are allowed to use a B-1 visa or VWP.
- Artistic creative work in the US (such as recording, photography, painting, and sculpting), as opposed to performing, is allowed on a B-1 visa or VWP as long as there is no income from the U.S.
In cases where this is possible, it is procedurally the easiest way to come to the US. B visa applications are handled by the State Department and can usually be obtained in a matter of weeks, while P and O visas require a more time-consuming initial review by US Citizenship and Immigration Services (USCIS) based on a petition by the employer before the State Department can issue a visa.
P Visas for Performing Artists
Three kinds of performing artists are eligible for P visas:
- Members of an internationally recognized entertainment group may qualify for P-1B visas. For this type of visa, in most cases, the artist, as well as 75 percent of the group as a whole, must have had a sustained and substantial relationship with the group for at least one year. Since this type of visa is specifically for members of a group, it is not available to solo performers.
- Performers in reciprocal exchange programs with their home country may qualify for P-2 visas.
- Performers in culturally unique programs (as well as teachers and coaches in such programs) may qualify for P-3 visas.
Essential support personnel for such performers, such as backstage technicians, may also qualify for P visas if their services cannot readily be performed by US workers.
Spouses and unmarried children of P visa holders may also obtain P visas, but are not eligible to work in the US under this status.
O-1 Extraordinary Ability Visa
O-1 visas are for individuals with “extraordinary ability” in various fields, including arts. They are significantly more flexible than P visas, as they are not tied to a specific employer or event, and there is less scrutiny regarding the organization, event, or program in which the applicant will participate. However, they are reserved for top performers and are often more difficult to obtain than P visas.
In the field of arts, an O-1 applicant must have “sustained national or international acclaim,” which can be proven by showing either a major internationally recognized award or award nomination (such as an Academy Award, Emmy, Grammy, or Director’s Guild Award), or at least three of the following:
- Experience as a lead or starring participant in productions or events that have a distinguished reputation
- National or international recognition for achievements in major newspapers, trade journals, magazines, or other publications
- Experience in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation
- Major commercial or critically acclaimed successes
- Significant recognition for achievements from recognized experts in the field
- Commanding a high salary or other remuneration for services
Essential support personnel for such performers, such as backstage technicians, may also qualify for O visas if their services cannot readily be performed by US workers.
Spouses and unmarried children of O visa holders may also obtain O visas, but are not eligible to work in the US under this status.
Advisory Opinions
P-1, P-2, P-3, and O-1 applicants in certain fields must obtain a written opinion from a US labor organization regarding the applicant’s potential impact on American workers and the merits of their application.
Q-1 Cultural Visitor Visa
The US has a special visa category for participants in international cultural exchange programs for the purpose of providing practical training, employment, and the sharing of the history, culture, and traditions of the participant’s home country. This visa type was created for workers at Epcot Center in Walt Disney World and is still primarily used for that purpose, but is available to performing artists whose employment falls under its requirements.
For more on this visa type, see “Q-1 Visas for International Cultural Exchange Programs.”
Green Card Options
Artists who wish to stay in the US long-term may qualify for permanent residency through several routes:
- The EB-1A “extraordinary ability” green card requires evidence of extraordinary ability similar to an O-1 visa, although with a higher bar for approval.
- The EB-2 “National Interest Waiver” (NIW) green card requires that the applicant’s endeavors be in the US national interest, which is broadly defined.
- The EB-3 skilled worker green card is a potential “fallback” option for artists who do not meet the requirements for EB-1A or EB-2 NIW. It requires sponsorship by a US employer, and a rigorous hiring process to ensure that there are no qualified US applicants for the job.
- An artist can also obtain a green card through a family connection, such as marriage to a US citizen.