Ask Visalaw

I am an established actor from Europe . I have appeared in numerous films and television shows. I wish to move to Hollywood and launch my career in America . What do I need?

O-1 nonimmigrant classification is available to those in motion pictures and television who can demonstrate a record of “extraordinary achievement.” Unfortunately, there is no such thing as a “freelance’ visa. An alien cannot apply for an O visa in his or her own name. They can, however, file through a US agent. This is often done when the alien beneficiary will be working for multiple employers (for example, they have been cast in both a film and in a television series). In this case, contracts from each employer must be submitted, as well as an itinerary.

For actors wishing to immigrate to the United States (relocate to the United States permanently as a greencard holder), there is a special category that is also based on extraordinary ability (EB-1). This does not require a specific job offer, so long as the applicant states that they will continue to work in the field of their extraordinary ability in the US . This means that the actor may file a petition on their own behalf, rather than having an employer file for them. However, an artist filing under this classification must be either maintaining some type of legal classification (i.e.; O-1) if filing while in the United States or be willing to wait outside of the United States throughout the entire application process (possibly over a year).

Can I have permission to work for more than one company at the same time?

Yes. As described above, a US agent can petition for an alien to work for multiple employers so long as the application is accompanied by specific contracts and an itinerary. Alternatively, individual companies may file separate petitions requesting authorization for concurrent employment.

Can my spouse work while I’m in the United States ?

Generally, no. There are very specific nonimmigrant categories under which spouses may obtain employment authorization (such as the L category for multinational transferees or the E category for investors). These classifications are not applicable for artists, athletes and entertainers. However, a spouse may still qualify for a nonimmigrant employment classification on his or her own if they receive a job offer and they otherwise meet the requirements of the specific visa category appropriate to that offer.

I am an aspiring musician. I have been offered to the opportunity to perform at various clubs in America . Can I accept these gigs if I am not getting paid for them?

The question of whether working without compensation requires a work visa often causes confusion. The rule of thumb to use is not whether you are paid for your work. Instead, the issue is whether you are doing work that someone would normally expect to be paid to do. Simply passing up a paycheck to avoid getting a work visa will not be okay.

I am a motion picture director currently in O-1 classification. Can I bring my assistant with me to the United States ?

Yes. An O-2 visa can be obtained for those accompanying the O-1 visa holder who will assist the O-1 alien in their performance. To qualify for an O-2 visa, the applicant must meet the following requirements:

• Be an integral part of the actual performance
• Have critical skills and experience that cannot be performed by others
• In television and motion pictures, have a long-standing working relationship with the O-1 alien.

Evidence must be submitted to establish the applicant’s essential role, and that they have skills and experience not possessed by an immediately available US worker.

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