Immigration Law for Artists, Entertainers, and Athletes
There are many different options for artists, athletes, and entertainers to gain temporary and permanent entrance into the United States.
- O-Visas, P-Visas, and E-Visas - Also H-1B and J-1 Visas, we are lawyers that will determine which visa is best for you, and apply for them.
- Professional Athletes - A leader in immigation services. Many of our clients are professional athletes from the Dominican Republic.
- Entertainers - Artists and entertainers have special requirements, depending on the nature of their wor, for visas.
Perdomo Klukosky and Associates has a long running history of professional legal representation for people that may fall into any of these categories, and more:
- Major and Minor League Baseball players
- Entertainers and workers from the Dominican Republic
We can help you determine the proper strategy for your case, and get you the required paperwork completed, so you can focus on your career. Please contact us now for our help in getting the visa processed for your needs.
- Transition to Permanent Positions
Entertainers can travel to the US on a work visa, obtain a green card or other methods to gain non-citizen resident status. The US Citizenship and Immigration Services (USCIS) oversee legal immigration to the US. There are many levels of visas and many regulations that need to be adhered to in order to apply for each level.
To those who are trying to enter the United States, the various types of non-immigrant status and qualifications can be very confusing, especially since some of the definitions are not always clear. Perdomo Klukosky and Associates can help navigate through all the red tape and make sure that you are able to use your talent in the land of opportunity.
Work Visa vs. Green Card
It is important to understand that there is a difference between a work visa and a green card. A work visa is a temporary status given to a non-immigrant to work in the United States. A green card, on the other hand is a permanent resident of the US, but isn’t a citizen. With visas, there are two main levels that apply to athletes, entertainers, and artists, known as O and P Visas. O and P Visas are often clumped together in immigration terminology however they are two separate classifications.
O Visas are non-immigrant temporary work visas for people who possess an extraordinary ability. O Visas are for those who possess talent in the fields of business, education, the arts, sciences or athletics. O-1A is geared to athletes and O-1B is for artists and those in the movies or television.
The people who wish to apply for these types of visas must adhere to some much ridged guidelines. They must have written proof of national or international prizes or awards they have won for performance in their particular field.
They must also provide three other forms of proof of excellence, including membership in an association where admittance is only for those who are proven to excel in their field, employed in their field and known for their experience or receive a high salary in their filed due to their excellent performance in their field.
P Visas pertain to athletes, artists and entertainers. They are work visas for non-immigrants who have a permanent foreign residence and can’t qualify under the extraordinary ability visa. There are many levels to this visa, but most fall under the P-1 category.
P-1 Visas are for athletes who demonstrate they are competing at an international level in their field. It also applies to entertainers who are an integral part of an internationally renowned group.
For entertainers, the group must be known for a period of time, they can’t just be one-hit wonders. Immigration has adopted a lenient definition of a group to include back up bands or singers who consistently travel with a solo artist.
Immigration law is lenient on the term group, they are not as lenient on the qualification that they need to be internationally well-known. Also, while solo athletes can enter the US under a P-1 Visa, a solo entertainer cannot.
E-Visas are a series of visas often used by immigrant investors or employers for their foreign employees. EB-1 Visas however can apply to those who have established they possess extraordinary ability and want to apply for permanent residency. EB-2 is an employment based visa for those who are brought in for specific employment. If the immigrant has a large sum of money and wants to obtain permanent residence for their spouse and minor children they can seek to qualify of an EB-5 Visa.
An EB-5 Visa is where an immigrant invests $500,000 in a government designated Regional Center and receives a conditional green card that is reissued every two years. After five years, the immigrant is able to apply for citizenship. This option, however, will no longer be available after 2012 unless the law is changed between now and then.
Immigrant investors often apply for work using the E-Visas. If the immigrant is a member of a treaty country, work as an investor or business executive, they can often qualify for an E Visa. They can often transition to a permanent visa if they have vested interest in a business they established themselves of helped establish. This is a good way for citizens of treaty member countries to help invest in and improve the economy of the United States.
H-1B visas allow United States’ employers to authorize and sponsor temporary employment for foreign professional workers. Two things primarily determine eligibility for a H-1B visa. First, whether the foreign professional worker holds a specialty occupation and second, whether the foreign professional occupation meets the requirements for the specialty occupation.
A specialty occupation is statutorily defined as an occupation that requires application of a highly specialized knowledge that required the attainment of a higher education degree in the specific specialty being applied for.
Meeting the requirements of a specialty occupation usually entails having a United States bachelor’s or higher education degree or its foreign equivalent and/or extensive training and experience in the occupation. If the occupation requires a state license, than the applicant must also receive full state licensure.
Before H-1B approval, a Labor Condition Application, or LCA, must be filed with basic information pertaining to a salary, work location and term of employment. The NYC Immigration Lawyers at Perdomo Klukosky and Associates can get this tedious process underway and completed for you so that you can pursue your career in a different country.
J-1 Visas are non-immigrant visas offered by the United States to visitors, sponsored by a private sector or government program, to promote a cultural fusion of ideas, especially in the fields of education, science and business. J-1 visas are very prevalent amongst university students, professors, alien doctors, etc.
Unlike the H-1B visas, the sponsoring private sector or government program, not an independent employer, pays a J-1 visa holder. Moreover, unlike other work related visas, J-1 visas seek to promote cultural exchange more so than financial exchange. Due to this fact, it is very common for different hourly restrictions to be placed upon beneficiaries who seek to work on top of what they J-1 visa offers them, such as lectures, consultations, full-time school work etc.
In a world of global interaction and higher education, J-1 visas offer non-immigrant aliens countless benefits to visiting the United States. Perdomo Klukosky and Associates' NYC Immigration Lawyers can ensure that your passions and ability to further multiculturalism in your field of study is not impeded and see that you obtain your J-1 visa.
Transition to Permanent Positions
Once in the United States under an O Visa, immigrants can transition to a green card under certain conditions. If the immigrant has been offered a permanent position in their field they can petition for permanent residence. Those who have extraordinary ability, however can sometimes self- petition for permanent residence. Normally reserved for those in the field of science, it can sometimes apply to artists, entertainers or athletes.
Changes on the Horizon
Now, more than ever, it is important to engage Perdomo Klukosky and Associates for your Immigration legal needs. Lately, there has been more government discussion of creative uses for visas. Due to the wait time for green cards that can last thirty years, many immigrants are paroled to work in the United States.
There has also been talk of applying creative uses to illegal immigrants. With the President trying to change the immigration laws, many classifications and regulations may change in the future.