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5 Ent. & Sports Law. 1 (1986-1987)

handle is hein.journals/entspl5 and id is 1 raw text is: I EL ILE IEKL IRIKEKI I AND SPOITS LAWYER Publcation of the AA Forum Committee on the Entertainment and Sports Industries Volume 5, Number 1, Susmmer 1986 Temporary Employment in the United States of Foreign Entertainers: Immigration Pimes Frida P. Glucoft The temporary employment in the United States of foreign nationals (aliens), is strictly governed by the Immigration and Nationality Act.1 Every alien who enters the United States to work temporarily, even for a brief period of time, must first obtain a non-immi- grant visa authorizing employment. When the em- ployment is to be performed in the entertainment in- dustry, what constitutes employment is not clearly defined by the Immigration and Nationality Act (here- inafter the INA). Moreover, in recent months, policy changes have been aimed at further restricting the en- try to the United States by foreign entertainers. THE VISITOR'S VISA A foreign national who wishes to visit the United States must first be granted a visitor or B visa with which to enter the United States.2 The B-2 visa is issued to a visi- tor for pleasure, i.e., someone who enters the United States to tour Disneyland. The B-1 visa is issued to a visitor for business. There is a great deal of controversy as to who is considered a visitor for business and who is considered to be employed in the United States; the latter, of course, is in need of a temporary work visa. Generally, aliens coming to engage in commercial transactions which do not involve gainful employment in the United States are eligible for a temporary visitor for business visa, B-i, as provided for in Section 101(a)15(B) of the INA. A number of cases attempt to distinguish between engaging in business and gainful employment. These cases define engaging in business to include: attending conferences, film markets and conventions; conducting negotiations with agents and Illustration by Tom Bachtell

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