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This is a practical guide to U.S. immigration law and procedures governing the principal nonimmigrant work-related
visa categories used by the performing arts world. We begin, though, with notes of caution:
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This guide covers much but it cannot cover everything! The information below
is not legal advice. For a specific matter,
contact a qualified immigration attorney.
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To make best use of this guide, at least read it once through, thoroughly. The subject matter, not especially complex from a legal perspective, is highly interdependent. Having at least a rudimentary understanding of the basic concepts is essential. Just following the checklists will not provide all the information you need.
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Be sure to check the Appendix for additional information and details on many topics.
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U.S. immigration policy and procedures are in turmoil. As of March 1, 2003, the Immigration and Naturalization Service (INS) was abolished, and its functions transferred to three different bureaus within the new Department of Homeland Security (DHS): U.S. Citizenship and Immigration Services (USCIS) (responsible for the traditional INS adjudication functions for all types of petitions and applications), U.S. Customs and Border Protection (CBP) (responsible for border inspection and security), and U.S. Immigration and Customs Enforcement (ICE) (responsible for domestic enforcement and intelligence). In addition, ultimate responsibility for visa policy, and the power to veto a consular decision to issue a visa, now reside within DHS. For this reason, and in the face of new security requirements and resource reallocations, visa application procedures continue to change as well.
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Even under normal circumstances, USCIS petition and consular visa application policies and procedures
are prone to change, and fees to increase, without warning. It pays to check the
USCIS
and consular web sites regularly.
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That said, foreign guest artists normally must obtain one of the following:
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P-1B classification for internationally renowned performing groups and essential support personnel;
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P-3 classification for culturally unique performers or groups, teachers and coaches, and essential support personnel.
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We discuss these classifications and related procedures in depth, because in the vast majority of cases, guest artists require O or P visas to perform in the U.S. We also touch briefly on the B1/B2 business
visitor/tourist and 90-day visa waiver program (VWP) , H-3
trainees, F-1 and M-1 students, J-1
exchange visitors, P-2 reciprocal exchange programs operated by Actors
Equity Association and the American Federation of Musicians, and Q-1
international cultural exchange
visitors, as well as on issues relating to spouses and dependents.
Beyond the scope of this guide are petitions relating to motion picture and television productions, and the H-1B classification for aliens in specialty occupations who do not otherwise fit within the O or P categories.
In addition to much practical information in the main text, we include useful information, including contact information, tips, and blank and sample forms in the appendix. Feel free to photocopy
or scan the blank forms, all of which are also available in a .pdf format from the
USCIS and
Department of State (DOS) Bureau of Consular
Affairs web sites.
Copyright © 2003 League of American Orchestras/Association of Performing Arts Presenters
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