B1 Visa For Artist Situation

[Kryssie1067 2]

Hey everyone.

 

I have a question. I have a friend who wishes to apply for a B1/B2 visa. He is a musician who has been invited by a charitable organization in Texas to perform for their upcoming event in August. They've sent him a formal invitation and all.

 

But my question is whether or not his situation fits the requirements of his visa category: we checked out the requirements for the B1 visa for artists, which is what we thought he'd be more eligible for, but it also says this: 

 

In order for a professional entertainer to procure a B1 visa to perform in the United States, he or she must be:

 

1. Coming to the United States to participate only in a cultural program sponsored by the sending country;
2. Performing before a non-paying audience; and
3. Have all expenses, including per diem, paid by the member's government.

 

So it is a cultural program, but sponsored by an organization from his home country that is based in the US. Firstly, by "the member's sending government" does this mean that the government has to be the one sending the artist to the US for the performance? If so, I would presume the 'charitable organization' doesn't count as "sending government"?

 

Secondly, he is not sure whether or not he will be compensated for his attendance. He is going mostly for the opportunity it affords his career, but I did see that a B1 visa prohibits salaries. If the organization does decide to compensate him anything for his attendance, would this be violating his visa's conditions? Or would a one-time compensation be considered not a salary?

 

Also, he will be paying his own expenses to visit the country.

 

Lastly, he only plans to visit the US for the attendance of the event and return home afterward.

 

Does his situation fit the visa type he is pursuing?

 

Thank you!

[OldUser 6,562]

No, if he receives any compensation for performing including one time payment, that is considered work without authorization.

 

He should apply for a different type of visa.

[Kryssie1067 2]

18 hours ago, OldUser said:

No, if he receives any compensation for performing including one time payment, that is considered work without authorization.

 

He should apply for a different type of visa.

Hi there, thank you for responding. So he may not be getting compensated either. He will know this week, since it is a charity event. In the event that he is not getting compensated, would you happen to have an idea on #3, the last requirement?

[OldUser 6,562]

38 minutes ago, Kryssie1067 said:

Hi there, thank you for responding. So he may not be getting compensated either. He will know this week, since it is a charity event. In the event that he is not getting compensated, would you happen to have an idea on #3, the last requirement?

Not an expert, but it doesn't seem he qualifies, because no government is paying for his visit.

[Boiler 45,411]

The important thing is that he is not been paid by anyone on the US including things like free accomodation, well maybe if someone put him up in their home but not free Hotel accommodation.

[jan22 3,043]

Is this a fundraiser  for the charitable event, i.e., are they selling tickets for it?  If so, in addition to the other issues already discussed, he could not participate using a B visa.  One of the requirements is that the event be free to those attending.