Entertainment Immigration
The U.S. Citizenship and Immigration Services (USCIS) has two special immigration categories, the “O” and “P” visa categories. These categories are specifically for foreign entertainers including actors, musicians, dancers, artists, entertainment groups, and others in the motion picture industry. Our main office is conveniently located in Century City in Los Angeles, California in order to best serve the entertainment community. We routinely handle these petitions for entertainment professionals and we are very familiar with the requirements and application procedures for these visas. An O or P visa may be available to actors, athletes and sports teams, fashion models, musicians and bands, talent agencies, and crew members who wish to perform in the United States and who meet the “extraordinary ability” requirements.
The O-1B visa is very useful for athletes since there is no prevailing wage requirement, and the O-1B visa may be extended indefinitely. There is also no limit to the number of O-1B visas issued.
The P-1 visa for athletes provides a alternative to an O visa petition. The P-1 visa has been expanded to allow minor league and amateur athletes an opportunity to qualify for the visa under certain circumstances.
In order to qualify for either of these visas, an applicant be applying to come to the United States for the purposes of participating in team events and the applicant must demonstrate an a significant international recognition in the sport. The event the applicant’s team is participating in, must be distinguished, and must require the participation of athletic teams of international recognition. If the applicant is coming to the U.S. in order to join a U.S. athletic team, he or she must have achieved significant international recognition.
The entertainment group must be seeking to come to the United States to participate in entertainment events, and must have achieved international recognition for a substantial and sustained period of time. Individuals offering assistance and support to the entertainment group may also use this category.
The P-2 and P-3 visa for entertainment groups includes groups as small as two people. One of the applicable requirements for entertainment groups is that at least 75% of the petitioned group must have been together for more than one year prior to the time of the filing of the petition. The P-2 or P-3 visa may be used by a wide array of entertainment groups including musicians, dancers, singers, and supporting staff.
If an applicant has acting credits in other countries (such as his or her home country) and a temporary job offer in the United States, then he or she may apply for an O-1 visa. The O-1 visa is a U.S. work visa for individuals who are able to demonstrate an extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim. The O-1 visa is one of the most popular visas for actors and other performers who want to work in the U.S. However, in order to qualify for an O visa as an actor an applicant will need to demonstrate extraordinary ability and outstanding talent within his or her field.
Fashion models typically enter the United States in one of two categories. The O-1 visa option is for those who are able to demonstrate that they have risen to the top of their field. The second option and the option for the vast majority of fashion models H-1B visa which is available for models of distinguished merit and ability.
An O-1 visa allows musicians to work in the U.S. for up to three years, while P-1, P-2, and P-3 visas allow musicians to work up to one year. Subject to USCIS approval, all visa classifications allow the possibility of a one year extension if the original performance contract is extended by the same employer.
Eligibility Requirements
The work performed must be temporary. The applicant must possess skills that are extraordinary within the field of arts, athletics, or within the field of motion picture or television industry. Examples of evidence of extraordinary ability may be in the form of contracts, awards, nominations, fees earned, published articles, among others, which document the individual’s achievement.
An O-1 petition has an initial period of stay of up to three years. Subsequent extensions may last for no more than one year at a time and there is no limit to the number of extensions that may be filed. Extensions may be granted indefinitely if the need for the employment remains. An O-1 employee who has filed an extension petition may continue working while the extension request is pending with USCIS for up to 240 days beyond the expiration of the authorized stay.
The O-1 petition and approval process takes approximately 3 to 4 months. If needed, USCIS offers an option for expediting O-1 petitions which would require an additional fee. Premium processing may reduce O-1 processing times significantly.
Our Firm caters to the entertainment community and has significant experience with these types of immigration matters.
Please contact us to start your immigration application now.