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My son is currently working on a Cruise Line in the Caribbean (with a B1/B2 & C1/D Visa) as a Musician and his band has been asked by an agent to work out of Atlanta at the end of August when their contract is finished. We are finding it pretty difficult to work out which is the correct working visa that he needs to apply for. I have come across an E3 and it looks like it could apply to him as he does have a Bachelor of Music Degree.

It looks like he needs to come back to Australia to apply for this. I am wondering if he would have more luck staying in the US to get his work Visa.

Is it worth getting an Immigration Lawyer to help out or are they just scams?

Thankyou, I would appreciate any help.

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Not sure being a band member is sufficient to qualify for an E3 visa, as it likely doesn't meet the requirement of a "specialized occupation". To meet the requirements, a bachelor's degree must be the minimum required to enter into the occupation, and that is not true for musicians -- many, many talented musicians do not have formal education in the field.

The most likely visa category would be a P-1 (possibly an O-1, depending on level of success your son's band has achieved). Either of these starts with a petition filed by the employer (or the agent) and approved by USCIS. Once the petition is approved, he can return to apply for the visa. It would be difficult for him to apply to change his status in the US while on the cruise ship, since he would need to be inside the US during the entire period it takes to approe the process, meaning he could not be on a cruise ship outside US waters.

Edited by jan22

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Odd that the Agent/Lawyer are not handling this, sounds like the Agent does not know what he is doing. Getting it all sorted in that timescale seems unlikely.

A job offer without a visa is worthless.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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That is why you have an Agent.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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