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:

  1. He/she must be engaged in commercial activity;
  2. He/she must maintain a foreign residence;
  3. The principal place of business and the actual place of accumulation of profits, remains in the foreign country
  4. the individual’s stay is temporary in nature; and
  5. 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

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