K-Pop Meets Visa Waiver Program

Prof. Jennifer Lee Koh, Dec. 17, 2015- "Korean pop (“K-pop”) girl band Oh My Girl recently made immigration law news when Customs and Border Protection officials detained the group upon their arrival at Los Angeles International Airport. Initial reportssuggested that CBP officials mistakenly believed the group to be sex workers. The BBC and LA Times report CBP’s explanation: the group allegedly sought to enter the US as tourists through the visa waiver program, but a search of their luggage and further questioning revealed that they planned to act as “working women” by participating in a promotional event and holding photo shoots for an upcoming album cover.  CBP states that they K-pop band should have obtained P-1 visas because of their plans to perform as entertainers, whereas the group’s manager says that P-1 visas were unnecessary because they did not plan to hold a solo concert.   Further statements from WM Entertainment, the company behind the group, are available here.  The visa waiver program has come under increased scrutiny in recent weeks following the Paris attacks. The Visa Waiver Improvement Act (H.R. 158), for instance, passed in the House of Representatives on December 9 but does not include provisions that address future attempts by K-pop artists to perform or conduct photo shoots on American soil.  The Visa Waiver Improvement Act has, however, raised concerns about the potential for national origin discrimination and the overbreadth of the proposed legislation."