work/investment

Entertainers

To Begin /  Pro or Amateur? /  Amateur /  Professional /  The Petition 
Other Requirements / How Do I Apply

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.

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. 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.

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 BCIS 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.

In addition to the requirements listed above, as with any applications for a nonimmigrant visa, entertainers should please submit:

•  A signed passport valid for at least six months after your date of entry into the U.S.  
• A completed and signed Nonimmigrant Visa Application (DS-156) with photo (See "photo requirements" ). (Please be certain to include all contact information including an e-mail address on your application form.) 
  All applicants are required to use the Electronic Visa Application Form (EVAF) (link to http://korea.usembassy.gov/ds_156.html ). You must type the information required into the appropriate spaces on the DS-156 then print the completed DS-156. 
• A completed Supplemental Nonimmigrant Visa Application (DS-157) for each applicant. DS 157 can be downloaded from this web site. 
• A receipt from Shinhan Bank for the visa processing fee. The fee may be paid at any of the bank's branches in Korea. There is a branch only a short walk from the Embassy; more
• A copy of I-129 petition.
• Letter from the sponsor about your performance, itinery and members.
• If you or your spouse are a salaried employee, please bring a certificate of employment and a Grade "A" income tax certificate.If you or your spouse own a business, please bring your certificate of business registration and VAT certificate.
• If you a student, please bring a certificate of enrollment and school transcripts of your record.
• A courier receipt from an Embassy-approved courier company (Ilyang: 1588-0002; Hanjin:1588-0011) within Korea. Courier service receipt will be needed to return your passport to you after the visa issuance.  Each passport has a separate courier service form attached.  Courier forms are available at the Embassy

You can now track your passport's delivery on-line! Click on a logo for more information.

How do I apply for O, P, Q visas?

Applicants for O, P, Q visas and their family members are required to schedule an interview through Visa Information Web Services at http://www.us-visaservices.com/ and bring all their application materials with them at the time of their interview.

You are required to be finger scanned at the time of your interview. Children 13 years old and younger are not required to be finger scanned and are not required to be present at the time of interview.

For more information, or to schedule an appointment, please go to USA VISA Information Services at http://www.us-visaservices.com. USA VISA Information Services is available 24 hours a day, and can be accessed from both inside and outside of Korea.

For nonimmigrant visa (NIV) inquiries (excluding E, H, L, O, P, Q visa inquiries), please e-mail us at : seoulniv@state.gov. For E, H, L, O, P, Q visa inquiries, please e-mail us at : seoulgoldteam@state.gov.

The applicant, not the U.S. Government, assumes full responsibility for all documents and materials submitted in connection with any consular or visa matter, and for qualifying for the required visa or travel document in time to meet the applicant's needs.

This is an official U.S. Government source of information on the WWW. Inclusion of non-U.S. Government links or information does not imply endorsement of contents.

Updated Februrary 29, 2008