|Can I Enter the U.S. with B Visa to Record DVD in a Studio?|
As a musician, can I enter the United States with B-1 or B-2 visa to record DVD in a studio, which will be sold in U.S. and over the world?
Under the USCIS regulation, one of the key issues is whether the musician or performing artist will be paid for his or her services in the United States. An B visa nonimmigrant may not receive a salary from a U.S. source for services rendered in connection with the activities in the United States. However, a U.S. source may provide an expense allowance or reimbursement for expenses incidental to the temporary stay.
If the artist will not be paid for an event or service, but the event for the musician or artist will charge an admission
fee or request a donation to attend the event, the general rule is that the alien artist should apply for a P visa or an O-1 visa to perform in the United States.
The recording in a studio is generally considered a performance, the results of which would likely be an album, CD or other salable media, from which the performer will receive income such as royalties. Thus, the alien artist should apply for a P visa or an O-1 visa also to record in the United States.
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