This article is written by Dani Oliva.
You’re a citizen of a country outside the United States and you’re in a band or music group (duos, trios, etc.). Your band has a cool opportunity to tour or perform in the U.S.! Congratulations! Now let’s get you to the USA!
A P-1B visa is a visa for members of an internationally recognized entertainment group that is coming to the United States to perform. IF you’re a solo musical artist, composer, songwriter, producer, music director, a P-1B visa is not for you. You should instead look at the requirements for an O-1B visa. If you’re a Canadian citizen or your group has Canadian citizen members, instead, read this guide first.
How Long is an P-1B good for?
An P-1B visa can be issued for the length of time necessary for the particular event or tour, up to one year. A P-1B visa can also be extended.
How does your band or music group qualify?
To qualify for a P-1B visa your band or music group must be established for at least one year. The majority (75%) of your members must have a relationship with the group or must have been in the group for at least one year. Your band or music group must have sustained international acclaim in more than one country or in one country only, but under special circumstances*. You need to have clout and the evidence and history to back it up! What evidence do you need?
*Ask us about what “special circumstances” means if you think you’re in a nationally known group or band that may otherwise qualify for a P-1B
- Evidence of a Significant National or International Award or Prize.
Got a stack of Juno nomination certificates? Polaris Prize long-listed? Grammy noms or wins? Another significant national award? Save these! Hit up your attorney and make sure they put a copy of the certificates or wins in your Petition packet!
Don’t have a significant or international award or prize? Don’t fret! You may still qualify. Alternatively, you can qualify for an P-1B by showing three of six of the following criteria:
- Lead or Starring Participant in Distinguished Production or Events
You have to show your band or music group has a history of performing in productions or events which have a distinguished reputation. You can also demonstrate your group has played a critical or leading role in the production or events.
For future events, make sure to submit an itinerary AND ALSO evidence which demonstrates that the proposed events have a distinguished reputation. For example, maybe you’re performing at an award show, the Olympic games, Lollapalooza, a television breakfast or late night show, a significant tour or livestream, or another similar event.
Examples of evidence: advertisements or pr releases, written reviews from critics, magazine articles, letters of reference from the compan(ies) employing you for the event.
- National or International Recognition for Achievements
You can submit evidence of national or international recognition for achievements. It’s easiest to explain this factor through evidence examples. Acceptable evidence about you includes: coverage about you in major newspapers which include circulation figures, major trade journals, major magazines, and other publications.
Concerning circulation, it should be specific to the media format in which it was published. For example, if the article was published online, the evidence must relate to the website.
PR agents are great at helping you secure this kind of coverage!
- Lead, Starring or Critical Role for Distinguished Organizations, Establishments, Companies
What’s the difference between this factor and the factor concerning events and productions? In this factor you’re demonstrating your band or music group has performed in the past and will perform in the future for organizations, companies, establishments that have a distinguished reputation, whereas the other factor relates to distinguished production or events. For example, maybe you’re coordinating or participating in music events for a Performance Rights Organization (example, SESAC, BMI, SOCAN, ASCAP or international equivalent), GLAAD, a fashion brand, a demo for an instrument brand, or another organization. This factor is some-what flexible. For example, if your band or music group has written a song that ends up in a trailer for a tv show, we can submit information concerning the trailer to help fulfill this factor.
If you’re including testimonials or letters for this factor, make sure they include details such as the credentials of the author of the letter, details about your band or music group’s achievements, and the author’s basis of knowledge of your role.
Hot tip: testimonials or letters that describe your band or group’s characteristics, qualities, skills and/or talents are not sufficient. Your lead singer could have the voice of Celine Dion or your guitarist could play like Jeff Healey, but it does not matter! The letters need to identify specific achievements ¨achievements which garnered you significant recognition in your field.”
- Commercial Acclaim or Success
Ratings, ratings, ratings— did your song hit Billboard top 100, college radio charts? Are you charting nationally and internationally? This is where to include allllllll of that data.
Did you get a gold or platinum record? What what, congrats! Include that info too! Heck, take a pic of your plaque or contact Music Canada or a related organization and print up the mock-up of your plaque!
Hot Tip: if you’re a band or music group and you’re performing in a country where you still find you’re selling physical albums (LPs, EPs, singles etc.), make sure you’re recording your physical off-stage sales. Countries have different systems to do this. In the U.S. and Canada, you can use Nielsen SoundScan through the atVenu system to report this data. Sometimes you have to pay an annual fee to be able to record sales, which can add up, but if you’re attempting to qualify for a visa, this data is helpful.
- Remuneration
Do you get that cash cash money money for what you do? That’s an important factor! You can submit evidence showing you have commanded or do command a high salary or substantial payment for what you do in comparison to others in your field.
Evidence of this includes: copies of contracts, equity in lieu of cash for services is ok!, statistical comparisons of salaries in your field from a government or private institution or similar organization compared to others in your field, and testimony from industry experts.
For statistical comparisons, try searching:
Bureau of Labor Statistics: http://www.bls.gov/bls/blswage.htm
Department of Labor Career One Stop websites: http://www.careeronestop.org/SalariesBenefits/Sal_default.aspx; or the
Department of Labor’s Office of Foreign Labor Certification Online Wage Library:
If you can show three of the six above successfully, your Petition for a visa will be granted.
If you do not or USCIS feels they need more information, you may get another chance. USCIS may send you a letter requiring additional information to process your application, and you can provide more evidence or information in support of your Petition. If you’ve attempted this process yourself and you have a chance to submit supplemental information, I would recommend having an attorney help you assemble a supplemental packet.
Fees and Costs To File:
Here are the approximate costs to file an P-1B visa. Fees can change and range!
- Attorney Fees: Start around $7000.00 USD + and can range depending on if you have support personnel coming with you.
- Filing Fees: Filing fees paid to USCIS can change. Make sure to reach out to us or check the USCIS website. However, right now, the fees are-
- Regular Fee: $460.00 USD
- Expedited (Rush) Fee: $460.00 (Regular Fee) + $2,500.00 USD
- Advisory letters of support can range from approx. $250-350.00 USD
- You may be required to pay a DS-160 fee after your visa is approved, which is $190.00 per member.
- Make sure to budget an additional $200.00 USD for copies and postage
Hot Tip: Start working on your Petition EARLY. As you can see, a lot of time goes into acquiring the evidence and information required for your Petition. If you need to rush the application, it’s possible, but expect extra fees and costs.
If you have essential personnel or crew (such as an artist manager, business manager, creative director, lighting or sound techs, dancers, makeup etc.), you can apply for an P-1s visa for them to accompany you and assist with your work. Support personnel require a separate fee.
If you have a spouse or child, you can petition for them to accompany you via an P-4 visa. Your spouse cannot work in the U.S., but they can study part-time or full time.
Best of luck with your visa application!