Visas for Performers, Entertainers, and Their Technical Assistants

All foreign performers, entertainers, and their technical assistants require employment authorization from the U.S. Immigration and Naturalization Service prior to applying for visas to engage in live performances or production of recorded entertainment material (films and video productions). The process for filing visa petitions for performers, entertainers, and their technical assistants is complex. The U.S. Embassy recommends that the promoter, sponsor, or producer of performances or entertainment productions in the United States seek expert counsel from an attorney who has experience in obtaining visa petition approval for members of the entertainment professions. Depending on the circumstances of the project at hand, work visa petitions may be appropriate.

Many American and Chinese organizations mistakenly believe that advance petition approval is not required if the sponsoring organization has non-profit status, if no tickets will be sold, or if the performers will not be remunerated. This is not correct. There are only three circumstances under which foreigners may perform in the U.S. without an approved petition:

• Amateur performers do not require petitions from INS and are free to perform while in B visitor status. Amateur performers will generally have a type of principal employment, occupation, or studies which is unrelated to their side interest in performing. Amateurs by definition must not be remunerated beyond expenses for their performances. Please note that in many cases children must be considered as professional performers, especially if they are full time students at schools that are funded in large part through ticket sales.
• Cultural propaganda performances do not require petitions from INS if the performances are completely funded by the central government of a foreign country for the purpose of introducing its culture to audiences in the United States. For B-class visitor visas to be used, the performers must not be remunerated from any U.S. source, no U.S. sponsor, facilitator, or promoter can be involved in the production, no tickets can be sold, and 100 percent of the expense must be borne by the central government of the sending country. If the production has an American co-sponsor, then this exception does not apply and a petition from INS is required.
• Foreign musicians may record audio performances at U.S. recording studios staffed by U.S. citizens and residents as B-class visitors without any INS petition.