Nonimmigrant Visas

Entertainers - P Visas

We receive many inquiries regarding the visa requirements for entertainers who wish to make public appearances in the United States for the purpose of cultural exchange, charity, or for participation in festivals, talent shows and the like. What follows is information to assist in the important planning process necessary to bring an entertainer to the U.S. to perform.

Many people believe that visits for such purposes can be made using a tourist/business visa (B1/B2), especially if the entertainers are not being paid. In fact, the law is complicated, and in many cases, does not allow persons to perform on a B1/B2 visa. If you or your organization is sponsoring an event, early planning is extremely important, particularly if a visa other than a B1/B2 is required.

Professional or Amateur?

Most significant in determining the proper visa for an entertainer seeking to perform in the U.S. is whether or not the person is an amateur or a professional (for the purposes of visa adjudication, an "entertainer" is defined to include not only performing artists such as stage and movie actors, musicians, singers and dancers, but also other personnel such as technicians, electricians, make-up specialists, film crew members and the like).

The decision on whether a given entertainer is a professional or amateur can be made only at the time of application. We look at a number of factors in making a decision, including sources of income, quality of work, experience and renown.

Amateurs

A person who is an amateur in an entertainment or athletic activity, is by definition, not a member of any of the professions associated with that activity. Thus, an amateur (or group of amateurs) who will not be paid for performances and will perform in a social and/or charitable context, or as a competitor in a talent show, contest, or athletic event, is eligible for B2 classification.

Amateur entertainers are not automatically exempt from the laws requiring specialized performance visas. Documentation about the U.S. performance or event in the form of a brochure and/or promotional material should be submitted with the applications of amateur entertainers.

Professionals

Professional entertainers can use a B1/B2 visa to perform in the U.S. only when all three of the following conditions are met:

• The professional is coming to the United States to participate in a cultural program sponsored by the sending country;
• The professional will be performing before a nonpaying audience; and
• The professional’s government will pay all expenses, including per diem.

The law does not grant us any discretion in instances where all three conditions are not met by a professional entertainer. These tests apply to any professional entertainer, regardless of whether the performance in the U.S. is for charity, cultural exchange or simply a for-profit event. If a professional entertainer does not satisfy the three conditions listed above, then s/he must be the beneficiary of a petition to be filed in the U.S., in order to qualify for a work or performing visa.

How do I file for a petition?

If a work or other performing visa is required for a professional entertainer, the sponsor in the United States must file a petition at the office of the United States Citizenship and Immigration Services (USCIS) having jurisdiction over the place where the event will be held. Such petitions cannot be filed by the party in India, and cannot be filed with the Consulate.

The USCIS can provide guidance as to the proper type of visa required, as well as the details of how to file the petition. Petition processing times by the USCIS can vary; please check directly with the appropriate USCIS office. Once we have received an approved petition, or notice of the approval from the USCIS, and assuming the applicants are otherwise qualified, the Consulate can issue the appropriate visas within only a few working days. We cannot issue the visas without the approved petition or proper notice of the approval from USCIS.

For more information about filing a petition with the USCIS, click here. 

Following are the documents you are required to provide at the time of application for a Performance Visa:

• All the documents required for a nonimmigrant visa
• The entertainment petition approved by the United States Citizenship and Immigration Services (USCIS)
• Evidence in the form of newspaper articles and photographs of earlier performance outside India.