Talent Agencies
Our law practice includes serving the immigration needs of entertainment and sports professionals and their support personnel. Artist, entertainers, models and athletes all have agents and managers, and oftentimes, we are contacted by the agent or manager on behalf of the artist or athlete to answer immigration questions as to the best possible way to bring the foreign artist or athlete to the U.S to work.
U.S. Citizenship and Immigration Services (USCIS) has set aside two special immigration categories called the “O” and “P” visa categories specifically for foreign entertainers including actors, models, athletes and sports teams, musicians and bands, talent agencies, and crew members, who wish to perform in the U.S. and who meet the “extraordinary ability” requirements.
Athletes & Sports Teams
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 numerical limit to the number of O-1B visas issued.
The P-1 visa for athletes provides a great alternative to an O visa petition. P-1 has been expanded to allow minor league and amateur athletes an opportunity to qualify for this visa under certain circumstances.
In order to qualify for either of these visas, you must be coming to the U.S. to participate in team events and must have achieved significant international recognition in the sport. The event your team is participating in, must be distinguished, and require the participation of athletic teams of international recognition. If you are coming to the U.S. to join a U.S. athletic team, you must have achieved significant international recognition.
Entertainment Groups
The entertainment group must be coming to the U.S. 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 persons. 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 filing of the petition. The P-2 or P-3 visa can be used by a wide array of entertainment groups including musicians, dancers, singers and their supporting staff.
Actors / Models / Musicians
If your client has acting credits in other countries (such as their home country) and a temporary job offer in the U.S., then they can apply for an O-1 visa, which is the U.S. work visa for individuals that can 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 that want to work in the U.S. However, to qualify for an O visa as an actor they will need to demonstrate extraordinary ability and outstanding talent within their field.
Fashion models usually enter the U.S. in one of two categories. For those who can prove that they have risen to the top of their field, they can qualify for an O-1 visa. However, many fashion models also work in the U.S. under the 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 U.S. Citizenship and Immigration Services (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 individual must possess skills that are extraordinary within the field of arts, athletics, or within the field of motion picture or television industry. Proof of extraordinary ability can be contracts, awards, nominations, fees earned, published articles, etc. that document the individual’s achievement.
An O-1 petition has an initial period of stay of up to 3 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 that has filed an extension petition can 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 called Premium Processing which will require an additional $1000 fee. Premium processing can reduce O-1 processing times significantly.
We recognize that the ultimate goal of production companies, talent agents and managers is to ensure that their artist or athlete receives their work visa on time, in order to come to the U.S. to begin working as soon as possible.
We posses in depth knowledge of the field of entertainment as well as entertainment immigration laws, so we are able to assist and advise our clients successfully.
Please contact us to start your immigration application now.