October 10, 2019
Musicians engaged in Unpaid showcase Performance eligible for U.S. B-1 Visa
An individual or musical group intending to appear in a showcase performance while in the U.S may qualify for a B-1 visa provided that the activity is more like an audition than a public performance before a paying audience and the applicant will not perform in any other capacity outside of the showcasing event.
The Department of State (DOS) Visa Office informed the AILA that musicians of a musical group or an individual engaged in unpaid showcase performance may qualify as a non-immigrant visitor. Unpaid performances at a music conference that showcase skills, including composition, practice, and performances that are developed overseas should not be considered productive work requiring a visa that supports local employment in the U.S.
Applicant applying for B-1 business visitor visa must meet the requirements given below:
- He/she must be engaged in commercial activity;
- He/she must maintain a foreign residence;
- The principal place of business and the actual place of accumulation of profits, remains in the foreign country
- the individual’s stay is temporary in nature; and
- the individual’s salary comes from home country.
If the applicant meets all the above requirements and is intending to enter the U.S. for the sole purpose of appearing in a non-paid musical performance to showcase skills, he/she is entitled to receive B-1 business visitor visa.
Pradnya Sawant, Legal Assistant
Keywords: Musicians, B-1 Visa, Non-immigrant visitor, Unpaid showcase performance
