Archive for April, 2020

An Important Message From Opera Europa

Monday, April 27th, 2020

Opera Europa
The professional association of opera companies and festivals in Europe.

THE NEED FOR CULTURE

When times are hard, we more than ever need the solace of culture. Art, books, films, music, theatre are therapy for disrupted lives.
We recognise that Governments must impose restrictions on public gatherings in order to protect lives; and we are committed to provide as much as we can free online. OperaVision, thanks to support from the European Union’s Creative Europe, is a leading player in that.

But we must also act to safeguard the livelihoods of artists and the companies that employ them for the time when public performances may be safely resumed. Free streaming does not pay wages or replace income from ticket sales.

We realise that theatres will be among the last to re-open their doors and trade normally. They will therefore need protection for this year and beyond, in order to survive to offer future employment to artists and the many supporting craftsmen and technicians.

Just as urgent is the need to offer a lifeline to the many independent artists whose source of income has been abruptly cut off. The whole opera sector asks for local, regional, national and international bodies to offer immediate and easily accessible support towards the basic needs this year of these vital members of the community.

Nicholas Payne
Director of Opera Europa
April 2020

DECODING TRUMP’S IMMIGRATION BAN

Thursday, April 23rd, 2020

By Brian Taylor Goldstein

To those of you wondering what is happening with The Screaming Carrot Demon’s immigration ban, his Executive Order slithered out of the White House today. Here’s the deal:

Today’s spewage only addresses immigrant visas (green cards). Though there is a fairly long list of exceptions, for the next 60 days people outside the U.S. will not be able to receive green cards even if they have already been approved.

The Executive Order states that another order will be issued dealing with non-immigrant visas (O and P) in 30 days. However, so long as the consulates remain closed, no one is getting visas O and P visas anyway. All U.S. embassies and consulates have currently suspended non-immigrant interviews and are not issuing visas. No announcement has been made about when the government plans to reopen them. It is likely that consulates will reopen on a rolling, country-by-country basis depending on when Trump’s ego next sees its shadow. Not surprisingly, if Trump wanted to thwart O and P visas, he would not need to issue an Executive Order. The State Department could just keep the consulates closed or on a reduced staff. However, an Executive Order is better for red hat ratings.

In the meantime, USCIS service centers continue to receive and process visa petitions, issue receipt notices and approval notices—as well as RFEs and Denials. (Not all human viruses are microscopic!) So long as USCIS continues to process petitions, I “suspect” that artists who are already in the U.S. will continue to be able to extend and/or change their status, but those outside who get approved petitions will have to wait until the consulates re-open.

For those of you so inclined, here is a link to the actual Executive Order, which can also be printed out and used as a Covid mask.

Print Your Own Covid Mask


For additional information and resources on this and other legal, project management, and business issues for the performing arts, as well as to sign up for our newsletters and follow us on social media visit ggartslaw.com


THE OFFICIAL LEGALESE:

THIS IS NOT LEGAL ADVICE!

The purpose of this blog is to provide general advice and guidance, not legal advice. Please consult with an attorney familiar with your specific circumstances, facts, challenges, medications, psychiatric disorders, past-lives, karmic debt, and anything else that may impact your situation before drawing any conclusions, deciding upon a course of action, sending a nasty email, filing a lawsuit, or doing anything rash!

USCIS JUST THREW ARTISTS A CRUMB!

Tuesday, April 7th, 2020

Unemployment and the CARES Act For Non-US Artists

April 7, 2020

By Brian Taylor Goldstein

Shocking as it may sound, USCIS has passed a tiny wind of hope in the direction of artist visas during this coronavirus pandemic.

The Department of Homeland Security (which sets the policies for USCIS) has confirmed that applying for unemployment benefits and/or applying for benefits under the recently enacted Coronavirus Aid, Relief, and Economic Security (CARES) Act WILL NOT be taken into consideration as violations of the Public Charge Rule when reviewing petitions for O or P status or green cards. (This does not include Medicaid or any government program (other than unemployment or CARES) which requires a “means test”—ie: programs which require someone to show that they make under a certain level of income.

It remains to be seen as to whether or not applying for or receiving unemployment benefits will later be insidiously used by USCIS as a “gotcha” under the separate rule that if an artist becomes unemployed, they are not authorized to remain in the U.S. and look for work and are required to leave. So, applying for unemployment benefits could “theoretically” still be used by USCIS as an admission by an artist that they have no work. However, as I wrote last week, USCIS has also generally, sorta, kinda, implied that they will be “reasonable” in light of the Covid-19 situation…and that’s about as good as you’re going to get from them until they change their minds.

For now, if any non-US artist finds themselves furloughed or unemployed, which is likely to be most of you, you may now take advantage of whatever unemployment and/or CARES benefits you may be entitled to. So glissando, tap dance, and project your way to those websites and start applying before the airlines and pharmaceutical companies gobble all the funds up. Godspeed.


For additional information and resources on this and other legal, project management, and business issues for the performing arts, as well as to sign up for our newsletters and follow us on social media visit ggartslaw.com


THE OFFICIAL LEGALESE:
THIS IS NOT LEGAL ADVICE!

The purpose of this blog is to provide general advice and guidance, not legal advice. Please consult with an attorney familiar with your specific circumstances, facts, challenges, medications, psychiatric disorders, past-lives, karmic debt, and anything else that may impact your situation before drawing any conclusions, deciding upon a course of action, sending a nasty email, filing a lawsuit, or doing anything rash!