Do not circumvent the visa process! Is it really necessary to go through such a complicated process just to work for a short time in the U.S.? Yes. Even when no compensation is involved? Yes. In other words, just because a beneficiary will be performing in the U.S. for no compensation beyond expenses does NOT mean that an O or P visa is not required. Similarly, O and P beneficiaries are not required to be paid at all, but, to undertake the activities described in their petitions, they must in fact have the appropriate work-related visa classification. O and P petitioners and beneficiaries who fail to comply with the rules take risks that can limit short-term options and impose long-term consequences on all parties involved.

Never rely solely on U.S. Government advice or instructions. U.S. immigration law is complex and confusing. Do not assume that the overburdened, under-managed USCIS service centers, which can be prone to errors, inconsistencies and delays, necessarily know or follow USCIS regulations in all cases, particularly those requiring unusual procedures and additional effort. The USCIS publication entitled “Instructions for Completing Petition for a Nonimmigrant Worker Form I-129”, dated December 10, 1991, and its instructions for O and P petitions, is out of date and wrong. Be wary of the filing instructions and fee schedules on such forms as the I-539 and I-824, and always check the USCIS web site for updates on instructions and fee schedules. The USCIS web site is especially useful and user-friendly, with a wide range of accurate, current information. However, even the web-based guidance from USCIS, its National Call Service Center, and U.S. consulates abroad can be inconsistent and inaccurate. If written or oral information you receive from USCIS or the consulates contradicts this publication, follow the guidance on this site - unless you are confident the conflict is due to a recent development or localized practice.

H-1B visas are not for performing artists. By law, the H-1B nonimmigrant classification is not for artists coming to perform in the U.S., even though at least one USCIS service center still approves H-1B petitions for performers. Do not be tempted to apply for an H-1B visa for a performer.

Post-9/11, USCIS and U.S. consulates alike may conduct multiple layers of security clearances before approving petitions, issuing visas, or admitting aliens. In some cases, the delays required to conduct these clearances can be substantial. There are other, significant security-related considerations as well, summarized in the Memorandum on Security-Related Rules. Petitioners should review these rules to determine whether and how they might apply to alien beneficiaries and share the Memo as appropriate with them.