Ballet Dancers and Artist Immigration
Why as an alien ballet dancer should I know what is artist immigration?
To answer let’s start by defining a broader legal field. Immigration Law.
Immigration Law
Immigration Law is related to the laws, rules, and regulations that deal with aliens, citizens, and nationality of the United States of America. Inside this very broad legal field we find Family-Based Immigration which deals with visas, residency status, and citizenship that can be achieved by blood and/or marital relationship with the petitioner. We also find Business or Employment-Based Immigration which deals with work visas, investor visas, employment-based green cards, and permanent residence for talented individuals, inside this category is where we find Artist Immigration.
Artist Immigration is…
Artist Immigration is commonly referred to immigration issues related to professionals in the artistic field/artists.
These artists can be:
Illustrators, dancers, musicians, landscapers, writers, photographers, potters, bloggers, painters, sculptors, singers, podcasters, designers, and many others. Here is where you, a ballet dancer is included.
One of the most common issue you see in Artist Immigration is the need of an alien artist to come to the United States to work. How can this issue be resolved?
Many of these artists when coming to the United States, have an employer or agent petition for them an O Visa, commonly known as an Artist Visa.
O Visa
In 1990, the United States Congress created the new visa classification, O visa, for aliens with extraordinary abilities, accompanying aliens, and others.
What is an Artist Visa?
This is a visa given to the artist if he can prove to the U.S. that he has exceptional ability in the artistic field he will work in the United States. The United States Citizenship and Immigration Services (USCIS), agency that administers immigration issues for the American government, has named subdivided the O visa in the following categories:
§ O-1A for “individuals with an extraordinary ability in the sciences, education, business, or athletics”,
§ O-1B for “individuals with an extraordinary ability in the arts or the extraordinary achievement in the motion picture or television industry”. This is the category most commonly used by ballet dancers.
§ O-2 for “individuals who accompanies an O-1 individual to assist in a specific event or performance,” and
§ O-3 for “individuals who are the spouse or children of O-1’s and O-2’s.”
EB-1 Visa
First Preference EB-1 visa is another visa created in 1990. You may be eligible for this visa under certain circumstances again if you fulfill the extraordinary ability requirement. The difference of this visa with the O Visa is that this visa is for you to live in the United States permanently.
In the dance industry usually the dance companies, academies, and/or schools want to petition artists visas for international dancers to include them as members of their company, or choreographers to work with their company members, or teachers to come and impart their wisdom and knowledge to their members, among others.
So, to answer our question: Why as an alien ballet dancer should I know what is artist immigration? Because if you are an alien ballet dancer, with a job offer from an employer from the United States or with an agent from the United States, that through specific evidence can prove to USCIS to have exceptional ability in dance your employer of agent can request an O Visa, with an initial duration of three years with a renewal option, for you so that you can come to the United States to work in your passion.