A WARNING TO ALL FILIPINO ENTERTAINERS: PERFORMING ON A VISITOR'S VISA COULD RESULT IN A LIFETIME BAN

by Michael J. Gurfinkel, Esq.

Many entertainers are under the mistaken belief that it's "OK" to enter the U.S. (or Guam) and perform on a visitor's visa.   That is not the case.   In fact, the Foreign Affairs Manual (which is the "Bible" of the Embassy on immigration laws) specifically states:   " B visa status is not appropriate for a member of the entertainment profession (professional entertainer) who seeks to enter the United States temporarily to perform services. "

If you are coming to the U.S. to perform, you must get an entertainer ("O" or "P") visa.   If you perform on a visitor's visa, you are violating your visitor's status.   If you represent to the Immigration Officer at the airport that you are only "visiting", but you are actually intending to perform, you are committing fraud , which could possibly result in your visitor visa being cancelled, and your being barred for life from the U.S.

Many entertainers are approached or recruited by small-time U.S. producers, who simply do not want to go through the trouble or expense of obtaining entertainer visas.   Indeed, obtaining an entertainer visa is time-consuming, and can cost thousands of dollars in filing fees alone. So, these producers, looking to cut corners and save money, assure the performers that it is "OK" to perform on a visitor's visa.

Other unscrupulous small-time producers may tell the entertainer to enter the U.S. on a visitor's visa and bring along a "minus-one," (a CD with music only, similar to a karaoke soundtrack).   The entertainer would then come to the producer's nightclub, restaurant, or other business establishment and sit in the audience.   The producer will then acknowledge the performer, and ask for them to just come on stage and sing a few songs to please their adoring fans.   The star is supposed to pretend that he or she is surprised, and reluctantly goes on stage, singing to their minus-one soundtrack.  

In other situations, the entertainer may already have an entertainer visa with one producer for a specific event.   However, a different producer approaches the entertainer, offering them money to come to the other producer's nightclub or restaurant and perform "on the side," or "freelance."   In the meantime, the second producer (who never petitioned the entertainer) is putting out newspaper ads and fliers promoting the performance, and selling tickets for the event.

Rest assured, the Embassy and Department of Homeland Security will find out, either from the producer's jealous competitors, or from word of mouth.   So, when you arrive in the US and tell the Immigration Officer you're "just visiting", Immigration may already have a flier of your concert at the inspection booth.   Your visa will be cancelled and you will be sent right back to the Philippines.   If not caught on this trip, it may be the next time you travel to the U.S. or when applying for another visa.

Remember, if you, as an entertainer, are caught by the Embassy or Department of Homeland Security, it is you who will suffer the consequences, not necessarily the producer. The producer may simply abandon you and look for the next talent to book. You are then left with a cancelled visitor's visa, blacklisted, and perhaps forever barred from coming to the U.S.

Simply put, if a producer does not want to obtain an entertainer visa for you, you are taking a big chance with your own career and future , if you use your visitor's visa to perform.   Is it really worth it for the small talent fee being offered?

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