Is a promo event considered as working?

[Nele 11]

Alright,

my Belgian friend, who is a rapper, will be visiting the USA at the end of this month.

I want to throw a party Downtown where he can perform, entrance to the party will be free, he will not get paid.
Some other friends will dj, there will be online promo.

Can he get into trouble for doing this since he's here on a tourist visa? I think he's being too paranoid but I might be wrong and I want to assure him it's fine... I mean, free entrance and no payment, I would think that does not equal work??

Thank you in advance!

[aaron2020 11,651]

He can not do any work even if it's free.

You can't babysit your grandkids for free because it's work.

You can't help out your cousin at his shop because it's work.

Edited March 8, 2016 by aaron2020

[Dakine10 5,452]

If it is customary for people to get paid for performing an activity/service, then it will still be considered as work. The issue is not if your friend get's paid, but rather if people are normally paid to do this type of thing.

[Mike-eeh and Odie 193]

If it is customary for people to get paid for performing an activity/service, then it will still be considered as work. The issue is not if your friend get's paid, but rather if people are normally paid to do this type of thing.

He can however, donate his talent (singing) for a charitable event concert.

[HFM181818 750]

Is he a professional rapper (has he produced CDs, etc)? If so, he will need a 'P' (performer) visa...

[Dakine10 5,452]

He can however, donate his talent (singing) for a charitable event concert.

If certain criteria are met, it's possible. If musicians generally do this for free, if all the other performers are unpaid, if the sponsor is making no profit off the performance, if there are no other material benefits of any kind to any of the parties involved, then it might be acceptable.

The other question to consider regarding a volunteer activity is - would you be comfortable disclosing the intended activity to an immigration officer at entry. If the answer is no, then it's very likely something you shouldn't be doing.

I do not think the case from the OP meets the criteria above. Musicians are generally paid to perform at a party, and the party is not a charitable event - so someone derives a benefit from the party. It doesn't have to be a monetary benefit.