This article is written by Dani Oliva.
If you are a music creative and a citizen of a Country outside of the United States, and you would like to come to the U.S. to live or work, your primary visa options are as follows:
- O-1B Visa (Artists, Producers, Songwriters, Music Directors, etc.)*
- P-1B Visa (Bands or music groups, similar criteria to an O-1B visa above)
- B-1 / Visa Waiver Program (Temporary Business Visitor for meetings, conferences etc.)
- If you’re Canadian, or members of your band or music group are Canadian, see this guide instead.
If you are a music creative early in your career, and you would like to come to the U.S. for business meetings, a conference, negotiate a contract or a similar activity, the easiest and least expensive option is to enter the U.S. as a B-1 Temporary Business Visitor. Depending on the country you are from, you may be able to enter the U.S. via the Visa Waiver Program as a B-1 without needing a visa. Book an appointment with us below and we can discuss this option with you.
If you are a music artist, producer or a songwriter, and you would like to live or work in the U.S., you will have to apply for an O-1B.
If you are in a band or a music group (music duos, trios etc.) and you would like to perform in the U.S., you will have to apply for a P-1B visa.
* If you have received an O-1B in the past, you can renew your O-1B, but also speak to your attorney about going from an O-1B to EB-1 green card, which can lead to Naturalization (aka United States Citizenship).
Requirements to apply for an O-1B or P-1B:
1. A U.S. person or company must “Petition” for you to come to the U.S. on your behalf. You may also self-Petition or hire a third party company to do so.
U.S. Company or Person. A U.S. person or company must act as your “Petitioner” to Petition for you to come to the U.S. What does this mean? A U.S. person or company must verify the activities, provide a few details about themselves or their company, and that the contents of the O-1B or P-1B Petition are true and correct. When an attorney submits your O-1B or P-1B Petition, they often submit on behalf of the Petitioner. If you are applying for an O-1B or P-1B for multiple gigs or jobs, normally the Petitioner is a U.S. agent or manager.
Third-Party Agents. If you do not have a U.S. person, company, agent or manager and you want to work for multiple employers, there are some companies that you can hire to act as an agent. The provisions set form at 8. C.F.R. section 214(o)(2)(i) and 214.2 (iv)(E) permits a United States agent to file a petition in cases involving beneficiaries who are traditionally self-employed or who use agents to arrange short-term employment on their behalf with numerous employers, as well as in cases where a foreign employer authorizes the agent to act on its behalf. However, note that these third-party agents charge a fee for their service.
Self-Petitioning. If you have your own U.S. holding company, such as a U.S. LLC or Corp, you may, if your attorney deems appropriate, self-petition (Petition via your own LLC or Corp) for yourself to come to the U.S.
You can ask us about these various options, and we’ll tell you what we think is best for your situation.
2. You must have a reason to be working and living in the U.S. and provide an itinerary
You have to have a reason to be in the U.S., that may go without saying, but you have to have concrete plans to perform, record, song write in sessions, and/or attend meetings in the U.S.
You have to provide an itinerary of dates and places you will be working in the U.S. for the duration of your visa. That means, if you have plans to be in the U.S. for the entire duration of the visa, one year, or three years for an O-1B, you have to outline your plans.
If you’re touring, the easiest way to do this is to speak to your booking agent about providing you with an itinerary of dates, venues (with addresses) and with whom you are playing.
We can help you draft an itinerary based on your planned activities in the U.S.
3. You must have a valid passport
To enter the U.S. you and/or your band members must have a valid passport for the duration of your visa. If it’s close to your passport expiration date when you want to apply for a visa, we recommend that you renew it before applying.
If you are a touring musician, touring personnel or crew and have multiple passports, this is normally not a concern, but give us a call to discuss.
4. Criminal Records, Previous Denials of Visas, Previous Denials of Entry
If you have a previous denial of entry to the U.S., for any reason, or a previous denial of a visa, for any reason, you must disclose this information to your attorney. If you have a criminal record of any kind, including a charge or conviction, in any country, you must disclose this information to your attorney. Conversations with your attorney are protected by attorney-client privilege. Our office is a judgement-free zone. We simply require this information to best assess your visa options and will not disclose this information to anyone without your consent.
Other Eligibility Requirements, Costs, Duration of Visas:
For answers to these questions, please see the links above for in-depth information on O-1B and P-1B visas. You can also always book a consultation with us below and we can review visa options with you.