Each week, immigration attorney Aggie R. Hoffman will answer questions about immigrating to the United States from those submitted by our readers.
A friend of mine, undocumented immigrant, works in a Mariachi band. The leader of the group is offering him a full time job with them, but it implies traveling throughout the United States and sometimes going abroad for which he’ll need a visa. How to obtain a work visa for a musician?
Answer: Obtaining permission to work in the U.S. can be processed for either a temporary or permanent period. Both require compliance with many conditions of multiple government agencies and/or professional guilds. While the requisite points must comply with similar criteria, the temporary (non-immigrant visa) basis is often quicker. Whether the case will ultimately succeed depends on two major factors:
(1) the market and occupation in which the applicant seeks to work and
(2) his visa history.
The former is subject to circumstances outside his control, while the latter is entirely within his control and that of his prospective employer.
CAVEAT: The above is not a complete legal analysis, does not constitute legal advice, nor should it be construed as such. For a case specific analysis, consult an experienced immigration attorney for a private and extensive review of the facts of your case.