::Other Nonimmigrant Categories::
B-1 Business Visitors and B-2 Tourists

However tempting it may be to permit an alien to render services in the U.S. in B-1 or B-2 status, it is a violation of status to do so. All members of the entertainment profession seeking to enter the U.S. to render services must have the appropriate visa classification . Given the risks under current immigration law, particularly from the alien's perspective, it is unwise to succumb to the temptation to look the other way while the alien enters on a B visa pretending he/she is here simply for meetings or to see the sights.
The exceptions to this rule are narrow indeed. Performers may still be classified as B-1 business visitors if coming to the U.S. to participate only in a cultural program sponsored by the sending country, before a nonpaying audience, all expenses paid by the sending government. Performers may similarly be classified B-1 if entering to participate in a competition for which there is no remuneration other than a prize (monetary or otherwise) and expenses. Finally, musicians may enter the U.S. in B-1 status to use recording facilities here, for recording purposes only, provided the recording will be distributed and sold only outside the U.S., and no public performances will be given.
Violations of B, or any other, nonimmigrant status, if detected, can lead to deportation proceedings and inadmissibility to the U.S. for a protracted period of time.
It is possible to change someone present in B-1 or B-2 status to O or P status. However, doing so immediately upon arrival may raise some difficult issues about the alien's intent - and resulting representations - when entering initially. Be careful: Do not play with Bs!
Top
|