Which U.S. Visas are Available for People in the Arts and Entertainment Industry?
by Jennifer A. Grady, Esq. and Anthony Mance, Esq.
For artists, chefs, musicians, dancers, athletes, performers, and other individuals with talent in the art and entertainment industry, there are numerous visa types available to enter and work in the United States on a non-immigrant visa. Read below to learn about the visa types that may be available to such individuals.
O-1: Individuals With Extraordinary Ability or Achievement
The O-1 visa is reserved for a very limited group of people possessing exceptional abilities in the arts, sciences, education, entertainment or business. To qualify for an O-1 visa, the applicant must not only be considered “world-class” in his or her profession, but must be internationally known and recognized for their achievements. According to USCIS, to qualify for an O-1 visa, the applicant must be able to demonstrate a “sustained national or international acclaim.”
As a general rule, a successful O-1 application will include letters of recommendation from recognized individuals and organizations in the relevant field, and demonstrable proof that the applicant is nationally or internationally recognized.
While the O-1 is a very difficult visa to obtain, if the applicant has obtained a high degree of accomplishment and acclaim in his or her field (i.e. an internationally recognized singer), the O-1 visa may be a viable option for coming to the United States.
Q: Cultural Exchange Visa
The Q Cultural Exchange visa is reserved for foreign nationals participating in international cultural exchange programs. According to USCIS, the Q visa category was created to provide “practical training and employment, and to share the history, culture, and traditions” of the applicant’s home country with the United States.
While the professions that will qualify under the Q visa category are varied, they must be of a cultural or artistic nature and must be tied to the applicant’s country of origin. Therefore, a musician that plays a traditional instrument of his or her country or culture will likely qualify, while a singer who specializes in American pop songs (albeit from a foreign country), will not.
H-1B: Fashion Models
While the specialty occupation aspect of the H-1B visa is well known, less well-known is the fact that it can also be used by foreign fashion models seeking temporary admittance to the United States.
To qualify as an H-1B fashion model, an applicant must be a fashion model of distinguished merit or ability. In practical terms, this means that the applicant is a full-time model with regular and mainstream job offers. As part of the visa application, the applicant will need to have a company or person in the United States petition on his or her behalf. This company or individual must be in the fashion industry and must intend to employ the applicant as a fashion model.
P-1A: Internationally Recognized Athlete
Like the O-1 visa, the P-1A visa is reserved for professionals that have reached a level of expertise and acclaim that puts them at a national or international level of recognition. For practical purposes, the P-1A visa is reserved for professional athletes seeking admittance to the United States to take part in a professional or world-class athletic event.
It should be noted that an athlete seeking admittance to the United States for a non-athletic purpose, such as teaching a clinic or giving a lecture, will need to obtain a different visa. In a case such as this, an O-1 visa may be proper.
P-1B: Member of Internationally Recognized Entertainment Group
If the applicant is a member of an entertainment group, and can establish that the group has an internationally recognized reputation, a P-1B visa can be used as a means for the group to travel to, and perform in, the United States for a temporary period.
As with other visas reserved for individuals and groups with international recognition, you must provide supporting documentation in the form of affidavits, news articles, and other evidence attesting to the international recognition and quality of the group.
Note that this visa category is for entertainment groups only. Individual entertainers who can establish international recognition will need to apply using the O-1 visa.
P-2: Performer or Group Performing Under Reciprocal Exchange Program
The P-2 visa is specifically reserved for individual artists or groups who are taking part in an exchange program with the individual or group’s home country. This visa allows performers to enter the United States to perform temporarily while United States-based performers travel to the applicant’s country of origin to perform in exchange.
To qualify for the P-2 visa, the applicant must be able to establish participation in a qualifying exchange program, and must also be able to demonstrate that his or his group’s skill level is equal to that of the United States-based performers who will be traveling to your home country.
P-3: Artist or Entertainer Part of a Culturally Unique Program
The P-3 visa allows foreign artists and entertainers to come to the United States temporarily to perform, teach or coach individually or as part of a group. To qualify under the P-3 category, the program for which the applicant will be taking part must be culturally unique. While USCIS does not specifically state what a “unique” program is, it does state that it must, “further the understanding or development of your art form.” Furthermore, USCIS includes in the “culturally unique” category, traditional ethnic, folk, cultural, musical, theatrical, or artistic performances or presentations.
J-1: Exchange Visitors
The J-1 visa category can be described as the internship visa category. It allows a foreign national to come to the United States temporarily to take part in an on-the-job program that is designed to further the individual’s career. In certain circumstances, J-1 visa holders are permitted to accept payment for the work they do under this category.
Within the J-1 category, there are subcategories of qualifying occupations. They include: professors or scholars, research assistants, students, trainees, teachers, specialists, nannies or au pairs, and camp counselors. Whether a particular subcategory will permit the visa-holder to accept payment will depend on whether payment is standard for the particular activity.
Individuals wishing to obtain a J-1 visa must be sponsored by a government-sanctioned agency and must take part in a qualifying program. Generally, the sponsoring agency and the company or organization that provides are separate entities. There are companies in the United States devoted solely to sponsoring J-1 participants and assisting with placing them in qualifying programs. That being said, a company who anticipates hiring multiple J-1 participants can apply to become a sponsoring agency themselves.
The J-1 visa is a popular choice for foreign chefs seeking an opportunity to work temporarily in the United States. The J-1 can be obtained for a period of 2 years with the potential of a 2 year extension.
M-1: Vocational Students
Unlike the visa categories listed above, the M visa is classified as a student visa, and is therefore reserved for students in educational programs. Unlike the traditional F-visa, which is used by foreign students to take part in courses of study, the M-visa is used by students taking part in vocational or on the job training programs. For this reason, the M visa is a potential option for foreign nationals looking to come to the United States to further their careers. For instance, a foreign chef wishing to gain experience working in the U.S. culinary industry may be able to utilize an M visa if he or she can find a relevant vocational program.
While the M visa is considered a student visa, the individual entering the United States on this category can accept paid employment provided it can be shown that the employment is directly related to the course of study.
As stated above, the M-visa is a possible option for people in the culinary arts. It is also a potential option for non-performing members of the arts and entertainment such as sound professionals and set designers.
THINK YOU QUALIFY FOR ONE OF THESE VISAS?
The information listed above is only a general description of some of the options available to foreign nationals seeking a non-traditional method of working in the United States. A qualified immigration attorney can determine which program is the best fit for your particular occupation and can help navigate the complicated application process.
To find out if you qualify for any of these visas, and how to complete an application, schedule a complimentary 15-minute consultation with The Grady Firm’s attorneys; call +1 (949) 798-6298; or fill out a Contact Request Form.
About The Grady Firm, P.C.
This article is for informational purposes only, and does not constitute legal advice or create an attorney-client relationship. This article does not make any guarantees as to the outcome of a particular matter, as each matter has its own set of circumstances and must be evaluated individually by a licensed attorney.
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