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::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!
Copyright © 2003 League of American Orchestras/Association of Performing Arts Presenters
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