ARTISTS
|
Join us on Facebook
|
|
|
USA Visas - the basics...The information given here is of a broad nature. The objective is to try and familiarize you with key terms and provide a basic knowledge of the visa process for foreign artists performing in the United States. Throughout, we will refer to the United States Citizenship & Immigration Service as CIS. We make note here and there of the aspects that are unique to Canadians.
Click here for USA Visa Flowchart
Click on a link below to jump to that topic. Hit your "home" key to return to the top.
|
Performing Artist
Petitioner
Time Line
Visa Classifications
Processing Locations & Consulate Procedure
Labor Union consultation
Petition Materials
Fees
Entering the USA
Performing Artist
The performing artist is the beneficiary(s) - aka non-immigrant alien(s).
This can be a musician, dancer, acrobat, puppeteer, actor, author....
Support personnel to the performing artist include: sound, light, instrument technicians, stage managers and directors, riggers, support musicians, choreographers, costume, makeup personnel.....
|
Petitioner
The petitioner is the individual or organization that will submit the beneficiary s I-129 petition for non-immigrant worker and related documents to CIS in order to obtain an I-797 Approval Notice. The petitioner must be located in the United States. If there is a corresponding support petition, the same petitioner is used and the support petition must be filed at the same time as the principle petition.
|
Time Line
Your key to success is to start the process early. There are two ways to file a petition with CIS:
- Regular Processing - cases adjudicated in 15-30 days
- Premium Processing - cases adjudicated in 15 days
CIS service centers (Vermont and California) are currently making every effort to adjudicate Regular Processed petitions in 15-30 days, however, the service centers are not bound to this. Nonetheless, with proper planning, there should not be a need for Premium Processing and it’s additional fee of usdũ,225.00.
If you are a Canadian citizen, or group with all Canadian citizens, there are 5 parts to the process time:
- gather materials & prepare petition(s): 2-3 weeks
- submit petition to labor union(s): 2-10 days pending the union and whether you use the union’s expedite service
- submit petition(s) to CIS: 7-10 days to receive Form I-797 Receipt Notice
- CIS Form I-797 Approval Notice: 15-30 days from the Notice Date on the Receipt Notice
- Safety net: 20-30 days
The safety net allows time for the unexpected, the most common being a Request for Further Evidence (RFE) such as:
- further evidence of the artist’s “extraordinary ability”
- an incomplete itinerary
- lack of a signature on the I-129
- contracts, letters of invitation do not match itinerary
If you are a Canadian company and have non-Canadian personnel an additional step is required, that of applying for a visa to be issued into beneficiary’s passport by a U.S. Consulate following receipt of the I-797 Approval Notice from CIS.
If a Consulate procedure is required, add 3-4 weeks to the over all time line.
See Processing Locations & Consulate Procedure for further information on Consulate procedures.
Rule of thumb: as soon as a USA tour is evident, even while dates are in negotiation, start preparing for the visa process. Gather contracts and/or deal memos (letters of intent), be sure passports are valid for at least 6 months beyond the last departure date of the requested visa period and have color jpeg scan(s) of passport 2 page biographical spread (the pages with photo). Whether a company, or an individual, the petitioner must know if any personnel have been arrested/convicted of anything ANYWHERE in the world. If so you must provide court/police records pertaining to the arrest/conviction.
|
Visa Classifications
There are two visa classifications for performing artists: O-1B for soloists and P for groups (2 or more persons). Within the P category are P-1B, P-2 and P-3. Each classification has a corresponding classification for support personnel: O-2 and P-1S, P-2S and P-3S respectively. Do not try to pass off a technician as a member of a group to avoid a separate support personnel petition. And, by all means, do not try to enter to perform without an appropriate visa. A non-immigrant “O” or “P” work visa is required regardless of whether or not the artist is being paid. If a performance is open to the public, even with free admission, a work visa is required. US border control personnel are very web savvy and frequently Google to check people they suspect of entering falsely or with the incorrect classification. If performing at a conference showcase that is closed to the public and for industry professionals only, one may enter on a visa waiver or on a B visa. In either case, a letter from the conference organization and/or a U.S. immigration attorney stating the details and nature of the performance is required.
Whether applying for an O-1B or a P visa, with both you must document the artist’s extraordinary ability (distinction) in the arts. While documenting extraordinary ability is varied and broad, CIS has a list of criteria by which it defines extraordinary ability. In simple terms, one must document that the artist is nationally and internationally known by their tours, the fees they command, the venues they perform in, recordings, critical acclaim, commercial successes, international awards (GRAMMY, Oscar, major competitions), testimonials and letters of support from presenters, peers, arts and government organizations and the like. For young, emerging artists it can be an arduous task involving a multitude of support documentation.
Soloists:
O-1B:
The O-1 can be valid for up to a maximum of 3 years. In order to qualify for 3 years, or a portion thereof, you must have contracts or deal memos and letters of interest or invitation that span the time period you want.
Individuals may also apply for a P-3 culturally unique classification - see below.
Corresponding support personnel classification: O-2.
Groups:
P classifications can be valid for up to a maximum of 1 year. As with the O-1, you must have contracts or deal memos and letters of interest or invitation that span the time period you are requesting.
There are 3 P classifications for groups:
P-1B:
Members of an internationally recognized entertainment group - whether music, dance, theatre. At least 75% of the group must have been with the group for at least 1 year (unless said member is a temporary sub due to illness, schedule conflict etc). In documenting your P-1 status bear in mind that CIS is not interested in the individual members - but the group/ensemble/company as a whole. Further, the success of one particular production does not necessarily satisfy the P-1 criteria. CIS does show some flexibility with the “internationally recognized” criteria if due to geographic restrictions and/or a lack of access to news media.
P-2:
Participant in a reciprocal exchange program, usually with a labor union such as Actor’s Equity or the AFM, wherein the USA union becomes the petitioner and arranges a reciprocal presentation in Canada. It is recommended you contact the appropriate union well in advance. If a group plans to tour the United States frequently, it is advisable to become established as a P-1.
P-3:
Culturally unique performer (including individuals), groups, teachers, coaches. You qualify for a P-3 visa if you are a “culturally unique” individual performing artist or entertainment group coming to perform, teach or coach under a commercial or non-commercial “culturally unique” program or event. “Culturally unique” means “a style of artistic expression or medium which is unique to a particular country, nation, society, class, ethnicity, religion, tribe or other group of persons.” For the P-3 classification there is no specific time the members have to have been together. CIS allows one to be fairly broad in demonstrating “culturally unique”. One can demonstrate cultural uniqueness through press reviews, articles, letters from foreign governments, awards, prizes, testimonial letters from experts and letters of support from the presenter(s).
Spouses & dependents:
The spouse and unmarried children accompanying an O or P performing artist or support person may qualify for an O-3 or P-4 visa respectively. If the spouse/dependent(s) are Canadian citizens, presenting proof of relationship, together with principle beneficiary’s I-797 and valid passport suffices at a port of entry or pre-flight inspection. If the spouse/dependent(s) are not Canadian citizens, they will use the principle beneficiary’s I-797 Approval Notice to obtain their visas at a U.S. consulate abroad. They must provide evidence of their relationship to the beneficiary. Spouse/dependent(s) are NOT included on the principle beneficiary’s petition and are not allowed to work. However, you may have a situation where a dependent is a member of an ensemble or company. In this case, they would be included on the petition, as well as provide proof of relationship at the processing location.
|
Processing Locations & Consulate Procedure
CIS will cable the I-797 Approval Notice to a Processing location designated on the petition.
This is either:
- port-of-entry (POE)
- pre-flight inspection (PFI)
- U.S. Consulate
For Canadian citizens, the CIS Form I-797 Approval Notice, together with a copy of the petition and a valid passport, is all that is required to enter. Hence, the CIS Processing Location will be either a POE if arriving in the USA by ground (i.e. Champlain, NY) or PFI if arriving by flight (i.e. Pierre-Elliot-Trudeau Airport, Montreal) or both as the artist requires.
If a Canadian company has non-Canadian personnel, they will have to apply for a visa at a U.S. Consulate following receipt of the I-797 Approval Notice.
Each consulate requires “x” number of days advance notice to schedule interviews and “x” number of days to process visa into passports - during which time the consulate retains beneficiary’s passport. One cannot schedule a Consulate interview without the CIS petition(s) Receipt Number(s). This is usually received 5-7 days following when the petition was sent to CIS.
If the Consulate procedure is required, at the very outset of the visa process: determine at what Consulate(s) you will apply for the visa; what is the Consulate’s wait times for scheduling interviews and processing of visas; determine your window for the interview(s) and familiarize yourself with the forms, fees and procedures for that particular consulate. Discuss with your petitioner.
Most consulates require an average of 5-8 days advance notice to schedule interviews and 1 to 3 days to process visas. However, there are also those that require 42 or even 80 days advance notice to schedule an interview. And, be prepared for the unexpected, a Consulate can conduct an in-depth security check at their own discretion. When they do it can take 1-4 weeks. Remember, even if the beneficiary has received a similar visa in the past, it does not guarantee they will receive one the next time around.
Multiple processing locations:
Consulates, POE and Pre-flight officers now use PIMS (Petition Information Management System). If more than one processing location is required - for example 1 consulate (for non-Canadian personnel) and a POE (for Canadian personnel) - on the petition, your petitioner will designate the consulate and the I-797 Approval Notice will list this as the designated processing location. However, within 72 hours the approval should be in the PIMS data base. At that point, the officers at the POE will have access to the case and will verify the approval in the computer system for those entering through a secondary processing location.
For further information download: Processing Locations & Consulate Procedures
|
Labor Union consultation
Prior to sending the petition to CIS, one must obtain a labor consultation from an appropriate U.S. union(s). These include: American Federation of Musicians (AFM), American Guild of Musical Artists (AGMA), American Guild of Variety Artists (AGVA), Actor’s Equity (AE), Stage Directors and Choreographers Society (SDC), International Alliance of Theatrical Employees (IATSE)...... For the most part, the contents of the petition for labor union(s) is the same as for CIS. The AFM has a one-page questionnaire as well. Regardless of whether it is a positive or a negative consultation, CIS is not to base its decision on that of the union. Do not play with job titles to avoid a second or third union. Where there is no appropriate union (artistic directors), a standard paragraph is included in petition cover letter citing the statute that waives the union consultation in such cases and/or include letters from peer groups/organizations. There may be instances where personnel fall into both performer and support categories obtain necessary union consultations that include all responsibilities of the beneficiary.
|
Petition Materials
Each case has its own particular slant. While there are common aspects to all petitions, GAMI/Simonds will provide a list of required materials for your particular case. Most, if not all items can be provided via email. Note that the CIS Form I-129 and its supplement is but one small part of a petition. If materials are provided in a timely manner and in the requested formats, the process can be relatively painless.
Common to all petitions are:
- Scan(s) of passport biographical page spread
- Performance contracts, deal memos (letters of intent), letters of interest
- Itinerary
- Letters of Support from presenters and/or testimonials from peers, arts and government organizations
- General press materials: biography, performance highlight list, awards, discography, articles, reviews
- Statement regarding the essentiality of support personnel with individual bios (for support personnel petitions only)
Contracts:
Gathering contracts is the area where the most time is lost. Whether you are submitting fully executed contract(s), deal memo(s) (letters of intent), or even a general letter of invitation " they must be signed by at least one party. While preferred, fully executed contracts are not essential. If contracts are in process, a deal memo (letter of intent) that details the presenter name and address, performance venue, fee being paid, and that contracts are to follow is acceptable.
In addition, a letter of invitation (or interest) from the presenter to the artist wherein there is mention of preferred date(s), the fee range possibilities and the like can be submitted. Specifics are not necessarily mentioned and it can be stated that “further negotiations required etc .” but it shows possible employment. Further, email correspondence with a presenter wherein possible dates and fees are mentioned is acceptable. Artist management may also request, in a formal letter to the artist, his/her availability for U.S. tours during a certain time period(s), backed with documentation on confirmed dates, dates in negotiation and tentative dates.
Itineraries:
Most petitions are itinerary based. When preparing an itinerary every day within the period you are requesting must be accounted for. If the beneficiary will be departing and re-entering the U.S. during the visa period, non-U.S. days/activities must also be accounted for be they performances, rehearsals, teaching, holidays. Gaps between U.S. performances should not exceed 2 to 2½ months. A petition submitted with gaps of +2½ months may be denied or only approved for a portion of the requested time period. With an itinerary based petition it is important to:
- account for every day of the requested period
- be consistent in the entry of information
- demonstrate that the U.S. performances are part of an overall season tour plan
- demonstrate the U.S. performances are not the beneficiary’s sole source of revenue
Press & support materials:
Do not flood your petitioner with all manner of press documents and materials " let your petitioner tell you what they need to demonstrate your classification. Do not send CDS, DVDs or photos. For the most part the press materials submitted with a petition are what an artist generally has posted on web (biography, performance highlights, reviews, articles, discography, list of awards, competition wins etc). However, for a young, emerging artist, especially an O-1B, there will be additional materials required. All materials must be in English. Foreign language reviews and articles or excerpts thereof must be translated and the translation must be certified. Note that CIS looks upon artist (or management) generated press materials as “self-promotion”. While these items are important, CIS is more impressed with seeing scans of original reviews and articles, scans of award certificates, scans of competition wins etc. Testimonials and letters of support from presenters, peers, arts and government organizations also very useful. GAMI/Simonds will provide information as to how these letters should be structured to suit the particular case.
Support Personnel:
If filing a corresponding support petition (O-2, P-1S, P-2S, P-3S), documentation is the same as for the principle beneficiary. However, one must also document the “essentiality” of the support personnel and when each began working for the principle. This is generally documented with a statement as to the essentiality of the support personnel with short individual bio(s) for each support person.
|
Fees
Aside from the fee your petitioner charges, there are the following fees:
Union Consultation: $250.00-$300.00 per petition for regular service and $300.00-$500.00 for expedite service
CIS Form I-129 & Supplement: $325.00 per petition (regardless of number of personnel on petition)
CIS Form I-907 Premium Processing (if needed): $1,225.00 per petition
If the consulate procedure is required there are additional consulate fees. Currently, these include $150.00 per visa issued into a passport, and in some cases an issuance fee. The issuance fee is charged if the country from which the beneficiary comes from charges U.S. citizens for similar issuance.
|
Entering the USA
When entering the USA for the first time border control will issue the beneficiary(s) an I-94 Arrival/Departure card ($6.00/each). It will state the beneficiary’s name, classification and valid dates. This becomes almost more important than the visa issued into the beneficiary’s passport. Beneficiary will need to fill out a couple forms in order to be issued the I-94. As with the Consulate interview, beneficiary should be familiar with his/her petition: where going, staying, types of venues etc. Do not leave passport control without checking that name, classification and visa period dates are correct. There have been instances of officers stamping the I-94 with B-1 rather than O-1 or P-1 ..this can cause major delays when re-entering. IF DURING YOUR VISA TIME PERIOD YOU LEAVE THE USA AND ARE RETURNING FOR ADDITIONAL DATES - DO NOT GIVE UP YOUR I-94 CARD UNTIL YOUR LAST DEPARTURE FROM THE USA. In some instances border personnel do not issue Canadians I-94s. It is recommended that Canadians request one to be issued, especially if departing and re-entering the USA during the period of the visa.
|
| |
|
|
|
