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Serving the Creative Arts Community Since 1974

Immigration and U.S. Visas for Creative Artists and the Innovation Community

  • Wednesday, June 12, 2013
  • 7:00 PM - 8:30 PM
  • Bldg. C Room 265, Ft. Mason Center, San Francisco, CA 94123 (enter at Buchanan St. and Marina Blvd)


  • For current members of C.L.A.
  • For current Senior Citizen and Student members of C.L.A.
  • For non-members of C.L.A.

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Immigration and U.S. Visas for Creative Artists and the Innovation Community 

With Hendrik Pretorius, Esq.

This presentation will provide an overview of the intersection
between the Arts and Immigration Law. Details will include a review of current visa options available to foreign national artists, arts entrepreneurs and arts organizations.

Topics to be discussed (subject to change):

1) Brief Overview of the Immigration System

a. Why an understanding of immigration is important

b. Non-Immigrant v. Immigration Visas

c. Common immigration misconceptions

i. I-94 v. Visa

ii. Dual Intent Visas

iii. Non-Immigrant Visas “turning into” Green Cards

2) Non-Immigrant Visa Options for Artists

a. O-1 Visa

i. General use of visa in the arts

ii. ‘Extraordinary Ability’ explained

iii. Proof issues

b. P-1 & P-3 Visas

i. General use of visas

ii. P-1 ‘Entertainment Group’ explained

iii. P-3 ‘Culturally Unique’ explained

iv. Proof issues
v.Use in start-up/small business environment

c. H-1B Visa

i. Professional requirements
ii. Applicability in the arts

3) Non-Immigrant Visa Options for Arts Entrepreneurs

a. E-2 Treaty Trader Visa

i. General use of visa
ii. Treaty country requirements
iii. Ownership interest concerns
iv. Capital investment requirements
v.E-2 to Green Card considerations

b. L-1 Intra-company Transfer Visa

i. General use of visa
ii. Comparison to E-2
iii. Ownership interest considerations
iv. L-1 path to a Green Card

c. H-1B Visa

i. Professional requirements
ii. Owner v. Employee concerns

4) Immigrant Visa (Green Card) Considerations

a. Brief overview of employment based (EB) Green Card

b. Focus on First EB category

i. Review of requirements for a green card
including ‘extraordinary ability’ considerations


Henrik Pretorius, Esq. is an attorney Hendrik Pretorius, and an immigrant himself. His law practice is focused on
assisting foreign-born artists, arts organizations, entrepreneurs, and small U.S. based businesses, to develop and implement immigration strategies aimed at enabling clients to obtain their goals without immigration impediments.



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