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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.
Please follow this link to learn more about the U.S. Department
of Homeland Security, Bureau of
Citizenship and Immigration Services' (BCIS) Premium
Processing Program for petitions.
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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.
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.
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 the
Bureau of Citizenship and Immigration Services in the Department of
Homeland Security (BCIS) having jurisdiction over the
place where the event will be held. Please see the website 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 BCIS can vary; please check directly with the appropriate
BCIS office. Once we have received an approved petition, or notice of
the approval from the BCIS, 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 BCIS.
Other Important Requirements
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/DS-157) with
photo (See "photo requirements"
for the DS-156). (Please be certain to include all contact information
including an e-mail address on your application form.)
A receipt
from the HanMi (KorAm) Bank for the US$100 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; here is a map.
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 (DHL Ilyang: 1588-0002;
Hanjin:1588-0011) within Korea.
You can now track your passport's delivery on-line!
Click on a logo for more information, or follow this link
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
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.
Updated September 10, 2004
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DS-156/DS-157 form
