Australian artists seeking to perform in the USA require a non-immigrant working visa. In most cases, they need to apply for the P1 or O visa.

Full details on US Immigration and Tax requirements including the P1 and O working visa application process can be found on the comprehensive Artists From Abroad website.

The following summary info supplied courtesy of the Law Offices of Fiona A.Brook, CA.

P visas are temporary employment visas available to artists, entertainers and athletes. There are various classifications under the P visas, as follows:

P-1 visas are available to individual or team athletes (P-1A visa), or members of an entertainment group (P-1B visa) that are internationally recognized. A maximum of 25,000 P visas are issued annually.

To qualify for a P-1A visa the athlete must have international recognition and must be coming to the U.S. to perform at a specific athletic competition as an athlete either individually or as a part of a team at an internationally recognized level of performance.

To qualify for a P-1B visa, the members of the entertainment group must be recognized internationally as outstanding for a sustained period of time. The group must have been together for at least one year and at least 75% of the members must have been in the group for one year.

P-2 visas are for individual or group artists or entertainers who will perform in the U.S. under a reciprocal exchange program.

P-3 visas are for individual or group artists or entertainers who will perform in the U.S. under a program that is culturally unique. To be culturally unique, the performance must be of a style or artistic expression, methodology, or medium unique to a particular country, nation, society, class, ethnicity, religion, tribe or other group of persons.

For an individual P-1 athlete, the visa may be approved for up to five years. For all other P categories, the visa will be for the length of time required for the event(s), but for no more than one year.

Essential support personnel of the P visa holders may accompany the P visa holder provided they supply services that cannot be readily performed by a U.S. worker, possess appropriate qualifications, possess relevant knowledge of the P visa holder’s work and experience in performing the work.

Dependents: Spouses and minor children of the P visa holders may obtain P-4 visas to accompany the P visa holder.

O-1 visas are available for individuals who have received national or international acclaim or who have demonstrated outstanding ability in the arts, athletics, sciences, education or business. Individuals seeking this visa must be coming to the U.S. to work in a position that requires their extraordinary ability and must be able to demonstrate such extraordinary ability through documentation of sustained national or international acclaim in their field.

An employer or agent may petition for an O-1 on behalf of the extraordinary individual. When filing the following application, the individual must generally demonstrate that the individual meets at least three of the following criteria:

• Receipt of nationally or internationally recognized prizes or awards.
• Membership in an organization that requires outstanding achievements from its members.
• Commands a high salary.
• Publication of their work in major trade publications, professional journals or major media outlets.
• Engaged in professional review or judging of work of peers in the same or related field of endeavor.
• Made significant and original contributions in their field.
• Worked on projects or for an organization with a distinguished reputation.

Many of the individuals who qualify for the O-1 visa will also have a strong case for the EB-1 (Green Card) immigrant classification.

The O-1 visa may be approved for an initial period of three years and may be extended for one-year periods thereafter.

We have successfully assisted numerous extraordinary individuals ranging from businessmen, singers, actors, athletes, marketing specialists, music producers etc. in obtaining O-1 visas as well as EB-1 immigration status. We have years of successful experience in preparing O-1 visa petitions and EB-1 green card petitions for extraordinary individuals.

O-2 visas are available for necessary "support" personnel of O-1 visa holders with extraordinary ability in the athletic, entertainment, motion picture and television production fields.

Dependents: Spouses and minor children of the extraordinary individual may accompany the individual on O-3 visas, but this status does not grant employment authorization

Click here to listen to a recent detailed podcast from NY based visa attorney Ron Zeelans (pictured above) on obtaining a U.S Entertainment visa.