U.S. Work Visas

What kind of visa do I need to perform in the U.S.?

 It’s important that you establish which U.S. visa is the most appropriate one to apply for. The crucial thing is to answer these questions objectively:

1. Are you a solo artist (with or without a band) of exceptional ability? If yes then you should probably be seeking an O-1.
2. Are you in a band, jazz, or classical ensemble with sustained international renown? If yes then you should probably be seeking a P-1.
3. Have you been invited to perform at an official music industry showcase event? If yes then you should probably be seeking a B-1, but only if you have no paid gigs, and the principal reason the audience is in attendance is not to be entertained, but to consider hiring you in the future. 
4. Do you perform folkloric or traditional music, and you are going to the US to give culturally unique presentations? If yes then your best option may be the P-3. 

For how long is an O visa valid?

It CAN be valid for up to 3 years. However you need to prove you have contractual work for that period of time. The O visa will only last as long as you have contracted work, which could be one day, one week, or three years, or anything in between.

For more information about how this is done, please see Artists from Abroad website.

For how long is a P visa valid? 

It can be valid for up to 1 year, however you need to prove you have contractual work for that period of time. The P visa will only last as long as you have contracted work, which could be one 2 day, one week, or one year, or anything in between.

For more information about how this is done, please see Artists from Abroad website.

How much does an ‘O’ or a ‘P’ visa cost?

There are several costs associated with obtaining O and P visas, including:

• The filing fee
• The union consultation fee
• The legal or administrative fee
• The visa fee, and
• Possible expediting fees.

The Filing Fee

​The (I-129) petition fee is currently $460.00 per person or ensemble, but that is changing on 1 April 2024.

The new fees are a little complex because the fees charged vary significantly depending on what visa you’re seeking, and the business status of the entity is. We are providing a summary below, but for details, please see this U.S. Government website:

• If you use a US based not-for-profit organisation as your petitioner, the cost for an O visa will be $530.00 and for a P visa $510.00.
• If you use a for-profit organisation with 25 employees or less, the cost for an O visa will be $530.00 + $300.00 Asylum Program Fee (APF), therefore a total cost for the petition of $830.00. For a P visa the cost will be $510.00 + $300.00 APF, therefore $810.00.
• If you use a for-profit organisation with more than 25 employees as your petitioner, the cost for an O visa increases to $1,055.00 + $600.00 APF = total cost $1,655.00. For a P visa $1,015 + $600 APF = Total cost $1,615.

It should also be noted that two other changes have been introduced in the visa process:

• The number people that may be included on any petition is now limited to 25 persons, and
• The Premium Processing time is now 15 working days, rather than 15 calendar days.

Find out more about the new visa fees.

The Union Consultation Fee

Union Consultation (specific to ‘O’ and ‘P’ visas) the administrative processing fee for each regular service advisory opinion letter (5-10 business days) is $300.The fees for expedited and super-expedited speed letters will remain the same at $400 and $550 respectively. This is a legal requirement in the US, more detail can be found at the AFM website.

The legal or administrative fee

While there is no requirement to use a lawyer or visa agent to manage your visa process, most artists enlist the assistance of an experienced visa professional because the process is so complex. As such, the biggest cost involved in securing a visa is usually the legal or administrative fee that is charged by the lawyer or visa agent you engage to handle your petition and application. These service charges generally range from $1,500 - $10,000, depending on the firm and the complexity of the situation. Don’t be afraid to shop around to find a good price, but also make sure that the attorney or visa agent that you hire is experienced and comes recommended from other artists.

The visa fee

When you apply for an O or P visa at a US consulate or embassy, there is a visa application fee. For both O and P petitions, this fee is currently $205.

The Premium Processing fee

This is the fee charged to expedite the petition part of the process. The United States Citizen and Immigration Service (USCIS) has increased the premium processing fee from $2,500.00 to $2,805.00. USCIS has stated this is an inflationary increase and takes effect from 26 February 2024. View more information on this increase and find further details at ‘Artists From Abroad’.

How do I prove I have extraordinary ability, that my band has sustained international renown, or that we are going to give culturally unique presentations? 

You will need to prove all this through documentary evidence. For information about this, please see Artists from Abroad website.

Do I need a significant back catalogue? 

It is possible to prove O-1 with only a short career, but the shorter the career, the harder it will be to amass enough evidence to prove your eligibility. The P-1 visa will require evidence that the ensemble has had renown for at least one year. The P-3 visa does not require any sustained career.

For more information, please see Artists from Abroad website.

Who decides whether I am eligible for a U.S. work visa?

The United States Citizen and Immigration Service (USCIS) decides if you have the necessary qualifications, and whether you have bona fide employment. They will make this determination based on the petition that your U.S. petitioner files in the U.S. on your behalf. Once a petition is approved, you will need to apply for the actual visa, at which point the U.S. Department of State decides if some factor (a criminal record, for example) disqualifies you from eligibility.

Can future touring dates help? 

For both O and P visa applications, you need to be able to show that you have contracted work that requires your presence in the U.S. If you have contracted performance dates, these contracts may be able to help you prove that you have bona fide contracted work scheduled in the U.S.

Is it easier to apply for a P-1 rather than an O-1? 

The P is applicable if you are a member of a band and that band is a renowned band. The O is applicable if you are a renowned solo artist. In some rare situations, when a solo artist principally performs with a group—as with ‘Sally Sheep & The Farmers’ (fictional example)—the artist may have the luxury of choosing whether to seek a P or O visa, but usually there is no option. 

What if I am a solo artist with my own renown, but I typically tour with a band that has it’s own identity, e.g.: ‘Sally Sheep & The Farmers’? 

As the solo artist of extraordinary ability, Sally Sheep could apply for an O-1, and The Farmers could seek O-2 visas as Sally’s essential support personnel; alternately, ‘Sally Sheep and The Farmers’ could simply seek a P-1 group visa that would cover the whole band, including Sally.