A list of athletes, entertainers, and artists who may apply for a B-1/B-2 visa to enter the United States:
- Still photographers, so long as they are entering the U.S. for the purpose of taking photographs, provided they do not receive any income from a S. source
- Musicians who are entering the U.S. to record at a recording studio a recording that will be sold only outside of the U.S. and if no public performances will be given
- Artists- if not under contract to a U.S. employer and not intending to sell artwork in the U.S. –may enter as a B-1 to paint, sculpt, etc.
- Professional entertainer- if entering the U.S. to participate only in a cultural program sponsored by the sending country, will be performing to a nonpaying audience, and all expenses, including per diem will be paid by the entertainer’s government
- Entertainer participating in an International Competition- if no remuneration or expenses are paid from a U.S. source
- Amateur entertainers and athletes- may apply for a B-2 visa.
- A performer who is normally compensated for performing cannot qualify for a B-2 visa based on this note even if the performer does not make a living at performing, or agrees to perform in the United States without compensation. Thus, an amateur (or group of amateurs) who will not be paid for performances and will perform in a social and/or charitable context or as a competitor in a talent show, contest, or athletic event is eligible for B-2 classification, even if the incidental expenses associated with the visit are reimbursed
©Scott Global Migration Law Group, 2017