Increase in U.S. Performances by Korean Artists

By Moon Bongseop, Attorney (NJ, CT, NY)  
(Photo Credit: Getty Images)

Recently, there has been a noticeable increase in performances by Korean artists in the United States. Similarly, the number of athletes venturing into the U.S. is also on the rise. While many artists (hereafter referred to collectively as artists, including athletes and performers) successfully complete their entry inspections and performances, some have faced entry refusals during immigration checks.

According to reports, some artists or performance planning companies have opted to enter the U.S. using the Visa Waiver Program, rather than obtaining the appropriate visa for artistic performances. The Visa Waiver is preferred due to its easy online application process without requiring a consular interview, and its relatively low cost.

However, for artistic performances, obtaining the appropriate visa is essential. Each U.S. visa corresponds to a specific purpose of entry. If individuals attempt to enter the U.S. for a purpose that contradicts their visa, their entry will likely be refused. Suitable visas for artistic performances include the P visa and the O visa.

P and O Visas

For P visas, the P-1 and P-3 are typical for artistic purposes. The P-1 visa can be applied for by internationally recognized artistic groups, provided at least 75% of their members have worked with the group for over a year. Individual artists can apply for the P-3 visa, but it is limited to those participating in culturally unique performances, which requires thorough preparation as it undergoes rigorous evaluation by immigration authorities. The P-1 visa allows a stay of up to 5 years, while the P-3 visa grants a 1-year stay.

The O-1 visa is also suitable for artistic performances, assessed based on ‘extraordinary ability’ in the applicant's field. To demonstrate ‘extraordinary ability’, candidates must either have received internationally recognized awards, like the Nobel or Academy Awards, or fulfill at least three out of nine criteria defined by immigration law. However, meeting three criteria numerically does not guarantee approval; the overall assessment of the applicant's achievements is critical. Consulting a lawyer specializing in O-1 visas is essential for determining approval prospects.

Preparation and Application

It's crucial to note that both the P and O visas require a two-stage process (U.S. immigration approval followed by visa approval at the U.S. Embassy in Korea). Thus, artists and groups should prepare well in advance. There are instances where artists could not align their visa process with scheduled performance dates due to procedural delays.

In conclusion, artists should not enter the U.S. with a visa waiver or tourist visa. Instead, they should secure a visa that aligns with their background and performance objectives.

The above article is intended for general informational purposes and should not be considered a substitute for consultation with an attorney regarding specific legal issues. For accurate legal advice related to individual cases, consultation with a lawyer is advised.