Touring the United States on the Visa Waiver Program?

Touring the United States is a lifelong goal of many musicians and performing artists from throughout the world.  When given an opportunity to perform in the United States, most take up the offer and are excited to be able to perform for their American fans and followers.

Immigration laws, however, are not often the first concern of musicians and artists seeking to tour the United States.   Often times, musicians and artists let their agency or manager deal with the immigration options.  Other times, the immigration laws are simply ignored and individuals enter the United States to perform without indicating it to the immigration agency or airport customs officials.

Unfortunately, failing to properly adhere to immigration laws can have devastating repercussions against the musicians and artists – even if they relied on false information provided to them by their agency or tour manager.  These repercussions include removal from the United States and possible exclusion from the United States for ten or more years.

Can Musicians and Performance Artists Perform On the B-1 Tourist Visa or the Visa Waiver Program?

Many musicians and performance artists who haphazardly tour in the United States enter on the Visa Waiver Program (VWP) or the Tourist Visa.  Unfortunately, neither the VWP nor tourist visa is appropriate for musicians and artists performing in front of live, paying audiences.   Instead, such performers must obtain a different visa that qualifies them to perform in the United States.

What Visa Types Allow Musicians and Performers to Tour the United States?

Although there are multiple visa types that may be appropriate for performers, the most common visa is the P-3 visa.   For a longer list of possible visas, please review the firm’s webpage for musicians, and then contact an immigration lawyer experienced with musician and performance artists visas.

What Can Happen If The Proper Visa Is Not Obtained?

Failure to adhere to the proper immigration status may have immediate and long term negative consequences.  It is possible that a person may be put in removal proceedings.  It is also possible, that while entering the US, the performer may be denied entry and barred from entering the United States for a number of years.

How Will the Immigration Agency Ever Find Out About A Violation?

Through technology, it is not difficult for an immigration official to uncover evidence that a person has performed unauthorized work in the United States.   As musicians and performers, it is necessary to tell your fans about your upcoming concerts and performances.  Promotional material about those performances often remain on the Internet for years after they are actually performed.  Additionally, many performers have webpages that discuss their previous work (think:  IMDB.com).   All an adjudicator needs to do is review those listings, find a performance in the United States, and ask an applicant what immigration status was held during the performance.

Misrepresentation to immigration officials carries a greater punishment than working on the inappropriate visa.

Immigration Lawyer for Musician Visas

If you are seeking to tour in the United States, please contact the firm for assistance in obtaining visas for musicians and performing artists.

 

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