Talent-based, specialty occupation, and performance visas
Artistic Freedom Initiative seeks to secure the lawful entry of at-risk and activist artists into the US for the specific purpose of enabling those artists to exhibit, perform, screen or otherwise display their work in a free and safe environment.
Talent-Based Visas
- Talent and performance-based visas provide an avenue to entry for artists with internationally recognized talent, or those with existing performance and exhibition commitments in the United States.
- These visas are merit-based, meaning the artist must be able to demonstrate that she has achieved a high level of distinction in her field.
- While there is no “catch-all” formula for who qualifies for these visas, generally artists of extraordinary or exceptional ability have won prestigious awards, performed or been exhibited internationally, been featured in a variety a publications, etc.
Examples of talent-based visas include:
- EB-1 visa – This is a merit-based, permanent residency visa. The artist is the petitioner, meaning that she is not required to have a sponsor (i.e. an employer or agent) in order to apply. She must meet 3 of the 10 criteria for “extraordinary ability.” With this visa, the artist receives a Green Card.
- EB-2/National Interest Waiver– This is a merit-based, permanent residency visa. The artist is the petitioner and beneficiary, meaning that they are not required to have a sponsor (i.e. an employer or agent) in order to apply. The artist must have an advanced degree in their area of expertise or meet three of the 7 criteria for “exceptional ability,” and the artist’s area of expertise must meet the USCIS factors of consideration for the National Interest Waiver. If approved, the artist is eligible to adjust status and receive a Green Card.
- O-1B visa – This is a merit-based, temporary residency visa geared towards artists. These visas are typically valid for anywhere from 1-3 years. This visa requires sponsorship from either a U.S. employer or agent, or a foreign employer through a U.S. agent. The artist must demonstrate sustained national or international acclaim, and be coming to the U.S. to continue work in the area of demonstrated extraordinary ability.
Special occupation visas:
- H-1B– This is a nonimmigrant visa that allows an artist to come to the United States to perform services in a specialty occupation. The H-1B requires sponsorship from a U.S. employer, and generally the “speciality occupation” requires highly specialized training and/or experience. Further, applicants must have a Master’s degree (or higher), or in the alternative, they can demonstrate that they have a Bachelor’s degree followed by at least five years of experience in the specialty occupation.
Performance-Based Visas
P-3 Visa
- The P-3 visa secures entry and temporary stay for artists coming to perform, teach, or coach a culturally unique program. These include traditional, ethnic or folk performances.
- The individual(s) must demonstrate that the performance/event in question “furthers the understanding or development” of the art form.
- The period of stay extends to the time needed to complete the performance itinerary submitted with the application, but must not exceed 1 year.
- Spouse and unmarried children under the age of 21 are eligible for accompaniment under this visa.
P-1B Visa
- The P-1B visa secures entry and temporary stay for “members of an internationally recognized entertainment group” with the intention of performing at a US-based event.
- The individual(s) must demonstrate “sustained international recognition” for over a year.
- The period of stay extends to the time needed to complete the performance itinerary submitted with the application, but must not exceed 1 year.
- Spouse and unmarried children under the age of 21 are eligible for accompaniment under this visa.
[This is for informational purposes only, and not for the purpose of providing legal advice. If you have immigration-related legal questions, please consult with an attorney.]
Photo credits: Nosrat Tarighi, Sachyn Mital.