Amateur or Professional Entertainer & Athlete

When does an entertainer or athlete qualify for a B-1/B-2 visa, and when does he or she require an O or P visa?

Amateur Entertainer

An amateur by definition is not a member of any professions associated with that activity. Therefore, an amateur, or group of amateurs performing in a social and/or charitable context, or as a competitor in a talent show or contest is eligible for a B-2 visa, or visa free travel under the Visa Waiver Program, if otherwise qualified, provided they will not be paid for their performance. They may, however, receive expenses incidental to the visit. Although the performers cannot be paid for their performance, they may be performing where an attendance fees is charged. Provided the fee is just to cover or defray the actual cost of holding the event, or if there is a profit, the money goes to charity rather than a commercial cause, the B-2 visa or visa free travel is OK.

Professional Entertainer

In general, a professional entertainer requires an O or P visa to perform in the United States regardless of the amount or source of compensation, or whether the services will involve a public appearance. However, a professional entertainer may be eligible for a B-1 visa, or visa free travel under the Visa Waiver Program, if otherwise qualified, in the following circumstances:

o The entertainer is participating in a cultural program sponsored by the sending country; he or she will be performing before a nonpaying audience; and, all expenses, will be paid by the member’s government; or

o The entertainer is participating in a competition for which there is no remuneration, other than a prize (monetary or otherwise) and expenses.

Amateur Athlete

An amateur athlete or group of athletes competing in an athletic event for which they will receive no payment, other than incidental expenses, are eligible for B-2 visas, or visa free travel under the Visa Waiver Program, if otherwise qualified.

Professional Athlete

Professional athletes, such as golfers and auto racers, who receive no salary or payment other than prize money for his/her participation in a tournament or sporting event are eligible for B-1 visa, or visa free travel under the Visa Waiver Program, if otherwise qualified.

Athletes or team members who seek to enter the United States as members of a foreign based team in order to compete with another sports team are also eligible for B-1 visas, or visa free travel under the Visa Waiver Program, if otherwise qualified,

- their principal place of business or activity is in a foreign country;
- the income of the foreign based team and the salary of its players are principally accrued in a foreign country; and
- the foreign based sports team is a member of an international sports league, or the sporting activities involved have an international dimension.

London, Nov. 2007

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• We thoroughly evaluate your situation to determine the most appropriate eligibility class available to you.
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