Performing artists from around the globe aspire to perform in and tour the United States. Whether they are solo singers, group bands, classical musicians, DJs, or visual artists, the opportunity to showcase their talent on American stages is a dream for many. However, amidst the excitement and anticipation emerges a significant consideration regardless of the performer’s level of fame: navigating the rigorous landscape of U.S. immigration laws.
For artists seeking to perform in the United States, the journey often begins long before they enter this country. It involves meticulous planning, petitions, and professionals (PPP) that have a deep understanding of the relevant rules and regulations, as these regulations apply universally, regardless of an artist’s reputation in their home country or internationally.
Despite these challenges, there are a few options that the entertainers may consider, alongside the guidance of a trained immigration attorney. One such visa is the O-1B, which is a temporary, nonimmigrant status that permits foreigners to work in the United States for an initial three-year period. Receiving an O-1B visa includes having an offer of employment in the United States (or several offers of employment from multiple sources, along with a third-party Agent), and convincing U.S. immigration officials at the United States Citizenship and Immigration Service (USCIS) within the Department of Homeland Security that you are a person of ‘extraordinary ability’ in the arts. Showcasing that you have achieved a level of ‘extraordinary ability’ requires demonstrating that you meet certain criteria, such as being nationally or internationally recognized, attaining commercial success, and commanding higher renumeration than others in your field, to name a few. To do so, an artist will be required to provide articles written about them, letters recognizing them for their achievements by other experts in their field, evidence of their high numbers of views, listeners, followers, and/or likes as compared to others, and more.
Another great option for entertainers is under the umbrella of the “P visa,” including a P-1B for members of an internationally recognized entertainment group, the P-2, which is for individual performers or those part of a group entering the United States to perform under a reciprocal exchange program, and the P-3, which allows foreign entertainers to temporarily travel to the United States to perform, teach, or coach as part of a culturally unique program.
Regardless of the complexities in seeking these or other visa-types, our firm has great experience in it all, often working hand-in-hand with the artist themselves, their agent, manager, production company, family member, or other to make sure everything goes smoothly and efficiently. Some of our artist clients over the past decades have included John Lennon, Boy George, Sarah Brightman, Sinead O’Connor, and many more, and we are always honored to help entertainers of any level navigate the complex laws so they can take the stage!
Wildes & Weinberg P.C., perhaps the United States’ premier law firm concentrating in the immigration and nationality field, was established by Leon Wildes, in 1960, who is best known for his successful representation of John Lennon in his immigration deportation proceedings. Leon’s son, Michael Wildes, is now the firm’s Managing Partner and a Former Federal Prosecutor, as well as the Mayor of Englewood, New Jersey. His representation has included soccer icon Pele, supermodel Gisele Bundchen, renowned chef Jean Georges, singer-songwriter Boy George, and many more. Still, the firm treats all their clients with the same respect and fights for their rights with tenacity, scholarship, and experience, regardless of their notoriety.
Over the past 64 years, the firm has concentrated their practice in all aspects of U.S. immigration and nationality law, servicing the immigration needs of prominent American and International firms, banks, industrial, financial, and manufacturing concerns and law firms in connection with the personnel needs of their foreign national employees, including massive corporations with thousands of employees. In addition, they have a distinguished clientele and have done substantial immigration work for performing artists, influencers, directors, writers, models, actors, athletes, esports professionals, fine artists, art dealers, curators, streamers, literary agents, and more.
Despite difficulties currently being encountered in dealing with U.S. immigration authorities, we have maintained an extraordinary track record for success in our cases. In addition, our entire staff is known for its experience and special expertise in processing each foreign national’s case with nothing less than the highest level of professionalism. Although we are based out of New York City, we also have offices throughout the country and world, and together with our multilingual and experienced staff, we represent clients throughout our great nation and the entire world.
For more information on this or any other type of visa or immigration inquiry, please visit www.wildeslaw.com or contact josh@wildeslaw.com.
By Josh Wildes, Esq., Associate Attorney at Wildes & Weinberg, P.C. Photo of Josh’s Grandfather Leon Wildes and his infamous client John Lennon who the firm defended in Deportation Proceedings Circa 1972.