Talent and Performance Based 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.
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- 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.
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.