December 2003 issue

Are you planning to invite entertainers or musicians from Poland to the United States? It is not as simple as you might think. You might have to file a special petition with the United States Citizenship and Immigration Services (USCIS), formerly the Immigration and Naturalization Service.

Inviting musicians and entertainers to perform in the U.S. involves some paperwork. According to U.S. law, musicians from another country may come to the United States and perform in public only if they have an approved petition from the USCIS. They are not permitted to perform with a tourist visa, regardless of whether or not they will be paid. The same is true of entertainers, although entertainers may use a tourist visa to participate in a competition where the only remuneration is prize money.
The first order of business is to file a Form I-129, Petition for Nonimmigrant Worker, and the appropriate supplement with the USCIS. This must be accompanied by the required payment and initial evidence or documentation. If the petition is approved, the musicians or entertainers must then apply for a visa at either the U.S. Embassy in Warsaw or the U.S. Consulate General in Krakow, depending on where they live.

Petitions should be filed as soon as possible, but no more than 6 months before the proposed employment will begin. If the petition is not submitted at least 45 days before the employment will begin, petition processing and subsequent visa issuance may not be completed before the alien’s services are required. The basic fee for an I-129 petition is $130, but there may be additional fees. For an additional fee of $1,000 employers may also request faster processing. Avoid paying higher fees by filing early.

Remember that an approved petition does not guarantee the issuance of a visa. The decision to approve or deny a visa application lies with the consular officer in the Embassy or Consulate General. Please visit http://www.uscis.gov for more information on how to file a petition for musicians and entertainers, and http://www.usinfo.pl for information on how to apply for a visa in Poland.