Mo Syed
by Mohammad Ali Syed
The Unites States (US) is a top destination for artists and entertainers (A&E) from around the world. A synopsis of non-immigrant visas available to so that A&E, their employers and/or agents to minimise risk related to US immigration laws follows. A more detailed analysis can be found here.
O1 Visa
Available to those who possess “extraordinary ability” in the arts, science, business, education, athletics or those in the motion pictures or television industries;
Temporary basis;
Available only to individuals.
Petition filed with the United States Citizenship and Immigration Service (USCIS) by US employer, US agent representing the employer, the artist or both with
An advisory opinion (labour opinion) from a labour organisation, peer group or a person with expertise in the A&E’s field of ability;
A copy of the contract or summary of terms between the employer or agent and the artist; or
An itinerary of events.
Once approved, individual A&E must apply at an appropriate US embassy or consulate.
P1 Visa
Temporarily performing as a member of an entertainment group recognised internationally as outstanding for a sustained time period;
Essential support personnel who perform support services which cannot be readily performed by a US worker are also eligible;
At least 75% of the members of the group must have had a substantial and sustained relationship with the group for at least one year.
Petitions are filed with the USCIS
By the US employer or agent of the group with a
Labour opinion
Statement proving that the group has been established and performing regularly for a period of at least one year
Contract between the employer/agent and the entertainment group
An itinerary of the events
Once approved, members of the group may apply at an appropriate US embassy or consulate.
P2 Visa
Temporarily performing individually or as part of a group under a reciprocal exchange program between organisations in the US and another country;
Essential support personnel who are part of the performance and perform support services which cannot be readily performed by a US worker are also eligible.
By the sponsoring US organisation or employer with
A labour opinion
Evidence that the US organisation was involved in negotiating with the reciprocal exchange
An itinerary of events
Once approved, A&E may apply at an appropriate US embassy or consulate.Top of FormBottom of Form
P3 Visa
Individually or part of a group;
To perform, teach or coach under a programme that is culturally unique;
Essential support personnel who are an integral part of the performance and perform support services that cannot be readily performed by a US worker are also eligible for P3 classification.
A petition must be filed with USCIS with
A labour opinion and either
Affidavits, testimonials or letters from recognised experts attesting to the authenticity of the individual’s or group’s skills in performing, presenting, coaching or teaching the unique and traditional art forms.
Documentation establishing that the individual’s or group’s performance is culturally unique, as evidenced by reviews in newspapers, journals or other published materials.
Once approved, A&E may apply at an appropriate US embassy or consulate.
P4 Visa
Spouse, children under the age of 21 of P1, P2 and P3 visa holders may be eligible
B1 Business Visitor Visa
Limited availability
Temporary basis
Further restrictions apply to performers, competitors, musicians and artists
No USCIS prior approval required
B2 Tourist Visa
Amateur A&E, entertainment groups
No pay for performances
Temporary basis, no dependent visa available
Performing in a social and/or charitable context, competitor in a talent show or contest
Read the full article on GGI Forum.
GGI member firmOffit Kurman, Attorneys at LawMore than 10 offices throughout the UST: +1 240 507 1784Advisory, Corporate Finance, Fiduciary & Estate Planning, Law Firm Services
Offit Kurman is a full-service law firm that serves dynamic businesses, individuals and families. With 16 offices and nearly 250 lawyers, Offit Kurman provides innovative and entrepreneurial counsel that focuses on clients’ business objectives across more than 30 areas of practice.
Mohammad Ali Syed (Mo) is a Principal with Offit Kurman in the Washington, DC, metro area, where he is head of the firm’s Immigration Practice. He has broad experience in business, employment, and investment-based visas and immigration. Mo is former co-chair for the Immigration and Nationality Committee of the ABA International Law Section. Contact Mo.