Artist’s Visas
The United States hosts many opportunities for artists to hone, present and teach their craft. For this reason, working in the United States is highly desirable to many foreign artists, but obtaining a visa to work in the United States can be a complicated and intimidating process. Working with an experienced immigration attorney can help simplify the process for you and enhance your chances of success.
The first step toward working as an artist in the United States is to educate yourself about the visa options that are available and assess whether you might be eligible for any of them. For many professional artists, the “O” and “P” visas (often referred to as “artist’s visas”) provide the best opportunity to work temporarily in the United States. Below is a very brief overview of these types of visas:
O-1B Visa
The O-1B visa is for individual artists who have demonstrated extraordinary ability in the arts, meaning a high level of achievement, substantially above that ordinarily encountered in the field. A petitioner may establish this threshold of accomplishment with documents showing, for example, receipt of a significant national award, the artist’s performance as a leading participant in highly reputable productions or for highly distinguished organizations, national press or testimonials from experts recognizing the artist’s achievements, a record of major commercial or critically acclaimed successes, and the artist’s ability to command a high salary relative to others in the field.
P-1B Visa
The P-1B visa is often considered the “group” counterpart to the O-1B visa since it also requires a significant level of achievement, but the P-1B visa applies solely to: (1) internationally renowned performing groups; and (2) individual foreign artists performing as a member of an internationally renowned performing group.
P-3 Visa
The P-3 visa is for artists who wish to travel to the United States for the sole purpose of presenting or teaching a culturally unique program. "Culturally unique” has been defined as “a style of artistic expression, methodology, or medium that is unique to a particular country, nation, society, class, ethnicity, religion, tribe, or other group of persons.” This type of visa may be a good option for artists who cannot meet the high threshold of an O-1B or P-1B visa but who practice an art form that is indigenous to, and representative of, a distinct foreign culture.
Support Personnel
A petitioner for any of the above artist’s visas may also apply to have a support person accompany the artist to the United States for the sole purpose of assisting the artist with his work. Generally, to be eligible for such admission, the support person must have critical skills and experience with the artist such that his duties could not be performed by anyone else.
Additional Requirements
For each of these visas, the artist must have a sponsor in the United States (either an agent for, or employer of, the artist) who is willing to submit the petition on the artist’s behalf.
In addition to all of the above, each petition should also include: (1) an advisory opinion from a relevant labor organization (i.e., for instrumental musicians, it is the American Federation of Musicians); (2) contracts with prospective employers; (3) a comprehensive itinerary accounting for all activities in which the artist intends to participate while in the United States; (4) proof that such activities are within the scope of the artist’s allowable employment; (5) proof that the artist intends to maintain his residence abroad; (6) certified English translations of all foreign language documents; (7) a cover letter providing an overview of the petition and presenting the case for eligibility; and (8) often much, much more.
Legal Assistance for Artists
While the requirements for these visas may seem daunting, many artists, even some who are just beginning their careers, are able to qualify. Collaborating with experienced immigration counsel familiar with the legal intricacies of the process can help you craft a petition that showcases your skills in the best possible light.
Colleen Dalton is an attorney committed to helping musicians and other artists navigate the highly complicated realm of immigration law. A graduate of the University of Virginia and the Benjamin N. Cardozo School of Law, Ms. Dalton served as the Senior Associate for the litigation division of Hartman & Craven LLP in New York City before beginning her own practice in 2009. Ms. Dalton has significant experience and expertise in artists’ immigration matters, having assisted multiple foreign artists in preparing successful “O” and “P” visa petitions.
For the preparation of immigration petitions, Ms. Dalton offers competitive, flat-fee services. For artists who wish to prepare their own petitions, Ms. Dalton is available for consultations and document reviews at a reasonable hourly rate.
If you would like to learn more about any of these services, please do not hesitate to call Ms. Dalton at (718) 755-3018, or email her at colleen@colleendalton.com.