Embassy of the United States

work/investment

Entertainers To Begin /  Pro or Amateur? /  Amateur /  Professional  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 are sponsoring an event, early planning is extremely important, particularly if a visa other than a B1/B2 is required. Please understand that we try to process nonimmigrant visa (NIV) applications as quickly as possible. Please help us by ensuring that all your documents are complete and correct. Apply early for your NIV, as we can never grarantee visa processing in time to suit your travel plans. Please understand that U.S. law requires us to process each application separately on its own merits. We can never give assurance of NIV issuance. Initial Considerations It is crucial that entertainers apply for their visas as early as possible. No exchange of correspondence, however detailed and complete, can replace an actual application. Applying as early as possible means that either a B1/B2 visa can be issued and the case resolved, or, if another type of visa requiring a petition is needed (see below), there is time for that process. 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. 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. An amateur is someone who normally performs without remuneration (other than an allotment for expenses). A performer who is normally compensated for performing cannot qualify for a B-2 visa based on this note even if the performer does not make a living at performing, or agree to perform in the United States without compensation. 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 B-2 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 only in a cultural program sponsored by the sending country;  the professional will be performing before a nonpaying audience; and  all expenses, including per diem, will be paid by the professional's government. 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 or cultural exchange. 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. The Petition Process 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  Citizenship and Immigration Services in the Department of Homeland Security (CIS) having jurisdiction over the place where the event will be held. Please see the website http://www.uscis.gov/. Such petitions cannot be filed by the party in Korea, and cannot be filed with the Embassy. The CIS 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 CIS can vary; please check directly with the appropriate CIS office. Once we have received an approved petition, or notice of the approval from the CIS, and assuming the applicants are otherwise qualified, the Embassy 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 CIS.   Updated: October 21, 2009