Embassy of the United States in Manila : Nonimmigrant Visa

The Nonimmigrant Visa Unit (NIV) is open for business Mondays, Tuesdays, Thursdays and Fridays, from 7:30 a.m. to 4:30 p.m., except on U.S. and Philippine Holidays and every last business day of the month.

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Visas for Entertainers, Performers, and Athletes (P)

Persons intending to perform in the United States are subject to different visa requirements depending on their professional status, as well as the intended purpose of their performance. What follows is information to assist in the important planning process necessary to bring an entertainer to the United States to perform.

Many people believe that visits by entertainers for charity purposes can be made using a tourist/business visa (B-1/B-2), especially if the entertainers are not being paid. In fact, the law is complicated, and in many cases does not allow persons to perform on a B-1/B-2 visa.

Performers and event sponsors must plan well ahead of performance dates to secure the appropriate visa, particularly if a visa other than a B-1/B-2 is required.

INITIAL CONSIDERATIONS

It is critical that entertainers apply for their visas as early as possible. No exchange of correspondence, however detailed and complete, can replace an actual application. Applying as early as possible means that either a B-1/B-2 visa can be issued and the case resolved, or, if another type of visa requiring a petition is needed (see below), there is time for that process.

PROFESSIONAL OR AMATEUR

Most significant in determining the proper visa for an entertainer seeking to perform in the United States is whether or not the person is an amateur or a professional. For the purposes of visa adjudication, an "entertainer" is defined to include not only performing artists such as stage and movie actors, musicians, singers and dancers, but also other personnel such as technicians, electricians, make-up specialists, film crew members and other members of the production.

AMATEURS

Amateur entertainers can generally perform in the United States on B-2 status. A person who is an amateur in an entertainment or athletic activity is, by definition, not a member of any of the profession associated with that activity. 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. A university choir from the Philippines hoping to sing for free at certain venues in the United States would be an example of a performance permissible under B-2 status.

Amateur entertainers are not automatically exempt from the laws requiring specialized performance visas. If an amateur is going to be paid a fee other than ordinary expenses, or if admission will be charged for the event, then the amateur must obtain a specialized performance visa through the petition process outlined below. Documentation about the U.S. performance or event in the form of a brochure and/or promotional material should be submitted with the applications of amateur entertainers.

PROFESSIONALS

Professional entertainers can use a B-1/B-2 visa to perform in the United States only when all three of the following conditions are met:

	The professional is coming to the United States to participate in a cultural program sponsored by the sending country;

	Will be performing before a nonpaying audience; and

	All expenses, including per diem, will be paid by the professional's government.

The law does not grant us any discretion in instances where all three conditions are not met by a professional entertainer. These tests apply to any professional entertainer, regardless of whether the performance in the United States is for charity, cultural exchange, or simply a for-profit event. If a professional entertainer does not satisfy the three conditions listed above, then s/he must be the beneficiary of a petition to be filed in the United States, in order to qualify for a work or performing visa.

THE PETITION PROCESS

If a work or other performing visa is required for a professional entertainer, the sponsor in the United States must file a petition at the office of the U.S. Citizenship and Immigration Services (USCIS) having jurisdiction over the place where the event will be held. Such petitions cannot be filed by the party in the Philippines, and cannot be filed with the Embassy.

The USCIS can provide guidance as to the proper type of visa required, as well as the details of how to file the petition. Petition processing times by the USCIS may vary; please check directly with the appropriate USCIS office. Once the applicant received an approved petition, or notice of the approval from the USCIS (Form I-797), s/he may apply for a nonimmigrant visa.

DERIVATIVES

The spouse and unmarried children under 21 years old of the P-1, P-2 or P-3 visa holder may be given P-4 visa if they seek to accompany or "follow to join" the primary visa holder.

HOW TO APPLY

To apply, please check the Nonimmigrant Visa Application Procedures page. In addition to the basic documentary requirements, as specified on the application procedures Step 2 , the applicant must submit/comply with the following additional documentary requirements:

FOR PRINCIPAL APPLICANTS

	1.	Copy of Form I-129 (Petition for Nonimmigrant Worker)

	2.	Original of Form I-797 (Notice of Approval )

	3.	Evidence of ties and financial status of the applicant, or the applicant’s parents, if minor, in the Philippines .

FOR DEPENDENTS

	1.	Copy of principal’s Form I-129 (Petition for Nonimmigrant Worker)

	2.	Copy of principal’s Form I-797 (Notice of Approval )

	3.	Copy of principal’s nonimmigrant P-1, P-2 or P-3 visa

	4.	Evidence of ties and financial status of the applicant, or the applicant’s parents, if minor, in the Philippines.

Notes:


		In some cases, additional documents may be requested.

		All documents must be originals. Photocopies will not be accepted, unless specified. *The applicant must submit these documents to the interviewing consular officer during the interview.* The Nonimmigrant Visa Unit does not accept documents before the interview. Any documents received will not be returned and will be destroyed. Please note, however, that presentation of the documents will not guarantee visa issuance. Applicants must still qualify under INA Section 214(b).

Please feel free to visit the Frequently Asked Questions (FAQs) page.

Last Update :: 05/05/2008

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