The International Entertainer Under United States Immigration Law

Foreign entertainers seeking to enter the US for temporary business, such as for a series of engagements, can apply for a nonimmigrant visa. If the alien intends to participate in an amateur activity without remuneration, he would need to obtain a B-2 visa. Alien participants in cultural affairs are B-1 visitors. Aliens with ''distinguished merit and ability,'' e.g., professional athletes, may require H-1 temporary worker visas. The latter requires that the US employer document the entertainer's high level of expertise and public acclaim. Criteria used include critical reviews, popularity, box office appeal, and sales. While advisory opinions from professional organizations may be requested to verify qualifications, this results in a conflict of interest because the craft guild may seek to protect the industry. Entertainment and sports figures working temporarily in the US can apply for an H-2 visa on a show of temporariness. In addition, their salary must be at the prevailing wage, and an unsuccessful recruitment process must be shown by the US employer.