Posts Tagged ‘citizens’

What In The World Is Going On As Of February 2, 2017?

Wednesday, February 1st, 2017

By Brian Taylor Goldstein, Esq.   

On January 30, 2017 we posted an update to clarify what was going on (at least as of Sunday, January 29, 2017) with regard to President Voldemort’s now infamous January 27, 2017 Executive Order and how it impacts the arts. As you may imagine, as the result of lawsuits and procedural confusion, the situation continues to develop…often hourly. As our office continues to address issues and implications on the front lines, we are relying upon the American Immigration Lawyers Association, The League of American Orchestras, the US Performing Arts Task Force, and other vital organizations who continue to monitor and report on the situation at all levels.

While there are still more questions than answers, the situation is starting to normalize somewhat…until they change. Nonetheless, as of today, here are the most accurate answers to the most frequently asked questions:

Does President Voldemort’s Executive Order and travel ban apply to Citizens of the 7 countries (Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen) who also hold US Visas or Green Cards?

  • Yes.
  • The Department of State has indicated that it is “provisionally” (ie: temporarily) revoking all visas and green cards for nationals from the 7 countries named in the January 27 Executive Order.
  • This does not affect visa holders or green card holders who are currently in the US. They can stay.
  • If a green card holder was out of the US as of January 27, 2017 or travels out of the US after January 27, 2017 and attempts to return, then such individuals ARE subject to the travel ban. However, green card holders are eligible for national interest waivers consistent with the provisions of the Executive Order. According to the Executive Order, absent significant derogatory information indicating a serious threat to public safety and welfare, green card status will be a dispositive factor in case-by-case determinations of whether or not a green card holder may re-enter.
  • So far, only two green card holders from the list of 7 countries have been denied entry: One, who was denied based on a criminal record, and another individual chose to return to Canada and withdrew his request for entry.
  • If a visa holder was out of the US as of January 27, 2017 or travels out of the country after January 27, 2017, they will not be allowed to re-enter at this time.

Does President Voldemort’s Executive Order and travel also apply to students who are citizens of the 7 countries (Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen)?  

  •  Yes.
  • F1/J1/M1 visas are currently temporarily suspended. Individuals who were in the US at the time of the signing of the executive order are not affected by the order.
  • Students who were out of the US as of January 27, 2017 or travel out of the US after January 27, 2017 and attempt to return will not be allowed to return at this time. The Department of State is evaluating whether those who are precluded from returning as a result of the Executive Order will be considered to have maintained their status as F1 or M1 students.

Does President Voldemort’s Executive Order and travel ban apply to individuals who are citizens of the 7 countries (Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen) but who also are citizens of other countries (ie: dual citizens)?

  • No.
  • Travelers are being treated according to the passport they present at the time of entry into the US. For example, if they hold both Iranian and Canadian passports, then, absent significant derogatory information indicating a serious threat to public safety and welfare, they WILL be allowed to enter.
  • However, if an individual holds a visa, the visa stamp MUST be in a passport that is not from one of the 7 countries. For example, if an artist with an O-1 holds both Iranian and UK passports, the O-1 visa must be in the UK passport.

Does President Voldemort’s Executive Order and travel ban apply to individuals who may have been born in one of the 7 countries (Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen), but who are no longer citizens?

  •  No.
  • However, individuals who were born in these and other countries considered to be “at risk”, or still have relatives in these countries, have always been subject to additional security processing and delays at US consulates and upon entry to the US. This will continue.

Does President Voldemort’s Executive Order and travel ban apply to individuals who may have been merely visited or performed in one of the 7 countries (Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen)?

  •  No.
  • However, individuals who have visited these and other countries considered to be “at risk”, have always been subject to additional security processing and delays at US consulates and upon entry to the US. This will continue.

What is the impact of this on artists and individuals from other countries?

  • So far, none.
  • They will be subject to the same inconstant policies and tortuously interpreted regulations as always.

What is the impact of this on USCIS or the processing times at USCIS Service Centers?

  • So far, none.
  • Both USICS Service Centers continue to suffer from high staff turnover and lack of funding. This continues to result in longer processing times and an increase in Requests for Evidence (RFE).
  • While the California Service Center “tends” to process petitions more quickly than the Vermont Service Center, we continue to advice clients to anticipate standard processing to take 3 – 4 months at both service centers. Do not rely on the anecdotal information of others to the contrary!

What is going to happen next?

  •  Who the hell knows? However, according to two “leaked” provisional/proposed Executive Orders, here’s what we anticipate:
    • Further restrictions and clarifications on the limitations of B-1/B-2 (visitor/business) visas and those eligible to enter on visa waivers (Ie: ESTA) with respect to what they can and cannot do in such status. We’ve have said this 1000 times, but we keep getting questions about this: Artists cannot perform on visitor visas and/or on ESTA status. Not for free. Not for education. Not for schools. Not for training. Not if no tickets are sold. Not no way! Not no how! If any US manager, agent, presenter, venue, or academic institutions tells you otherwise—RUN AWAY!
    • Additional restrictions and oversight of students eligible for “practical training” during or after their course of study.
    • Additional countries being added to the list of banned nationalities.

Lastly, because the situation can change at any time, it is critical that you consistently check with reliable sources for updates and developments before making any travel decisions, applying for visas, or booking foreign artists. We strongly recommend:

1) www.artistsfromabroad.org

2) The USCIS website: www.uscis.gov

3) The US Department of State website: www.travel.state.gov

4) The US Customs and Border Patrol website: www.cbp.gov

5) Licensed immigration attorneys

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For additional information and resources on this and other legal, project management, and business issues for the performing arts, visit ggartslaw.com

To ask your own question, write to lawanddisorder@musicalamerica.com

All questions on any topic related to legal, management, and business issues will be welcome. However, please post only general questions or hypotheticals. Questions will be answered ONLY in future blogs. GG Arts Law reserves the right to alter, edit or, amend questions to focus on specific issues or to avoid names, circumstances, or any information that could be used to identify or embarrass a specific individual or organization. All questions will be posted anonymously and/or posthumously.

__________________________________________________________________

THE OFFICIAL DISCLAIMER:

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!

 

 

 

 

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Posted in Law and Disorder: Performing Arts Division, Touring, Visas | Comments Closed

WHAT IN THE WORLD IS GOING ON?

Sunday, January 29th, 2017
By Brian Taylor Goldstein, Esq.

Except for those of you who may have been exploring other dimensions for the past few days, almost everyone else on the planet has been following the flurry of recent developments in the US as our country falls into the slipstream of chaos. We felt it was important to clarify exactly what is going on (at least as of Sunday, January 29, 2017) and how it impacts the arts.

On January 27, 2017, Dictator-in-Chief Trump signed an Executive Order that, among other provisions, immediately “suspends” the immigrant (“green card”) and nonimmigrant (Os, Ps, Fs, Hs, etc.) entry of citizens from the following countries for 90 days from January 27, 2017: Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen. Artists from these countries will not be able to enter the US, including those artists who already possess an I-797 Approval Notice or even who have already been issued an actual visa. As of January 29, 2017, those holding green cards may, in theory, re-enter the U.S., but they, too, should expect additional scrutiny, delays, and possible refusals.

It should be noted that the travel ban will not automatically be lifted after the 90 days.

Also, this order not only applies to anyone who holds a passport from any of the 7 designated countries, but also to dual citizens who hold passports from a designated country, as well as a non-designated country. So, for example, if an artist were to hold BOTH an EU passport as well as an Iraqi passport, that artist would be subject to the bar. “Theoretically, dual nationals holding US citizenship remain able to re-enter the U.S., but they should expect additional scrutiny and delays as well.

It is unclear whether or not the travel ban applies to people who are former citizens of the 7 countries or who may have merely traveled to one of these countries. However, they should expect additional scrutiny and delays as well.

Additional changes to the visa rules, regulations, and restrictions have been threatened in the upcoming weeks. However, the expectation is that most of these will apply to H-1B visas (employees with specialized skills and academic degrees), which rarely, if ever, apply to artists and F visas (students), which will apply to artists attending school and training programs in the US. We would also not be surprised if Dictator Trump eventually slams the door again on Cubans, as well.

For now, aside from those artists impacted directly and immediately, everyone else should take a breath and keep the following in mind:

1) Do not panic!

We’re all doing that for you!

 2) Stop relying on ESTA

There is going to be even more scrutiny and less forgiveness that ever before with regard to artists attempting to enter the US on visitor visas (B-1/B-2) and/or ESTA status. We’ve have said this 1000 times, but we keep getting questions about this: Artists cannot perform on visitor visas and/or on ESTA status. Not for free. Not for education. Not for schools. Not for training. Not if no tickets are sold. Not no way! Not no how! If any US manager, agent, presenter, venue, or academic institutions tells you otherwise—RUN AWAY!

 3) Plan ahead. This has always been important, but now it has become critical. In other words, don’t schedule any quick connecting flights or wait until the last minute to file visa petitions and schedule consulate interviews.

Lastly, because the situation can change at any time, it is critical that you consistently check with reliable sources for updates and developments before making any travel decisions, applying for visas, or booking foreign artists. We strongly recommend:

1) www.artistsfromabroad.org

2) The USCIS website: www.uscis.gov

3) The US Department of State website: www.travel.state.gov

4) Licensed immigration attorneys

_________________________________________________________________

For additional information and resources on this and other legal, project management, and business issues for the performing arts, visit ggartslaw.com

To ask your own question, write to lawanddisorder@musicalamerica.com

All questions on any topic related to legal, management, and business issues will be welcome. However, please post only general questions or hypotheticals. Questions will be answered ONLY in future blogs. GG Arts Law reserves the right to alter, edit or, amend questions to focus on specific issues or to avoid names, circumstances, or any information that could be used to identify or embarrass a specific individual or organization. All questions will be posted anonymously and/or posthumously.

__________________________________________________________________

THE OFFICIAL DISCLAIMER:

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!

 

 

 

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Posted in Law and Disorder: Performing Arts Division, Touring, Visas | Comments Closed

Oh, Canada!

Thursday, October 31st, 2013

By Brian Taylor Goldstein, Esq.

Dear Law and Disorder:

I represent a performance group from Canada who will be touring the United States. Three of the members are Canadians, but two are not. I have applied for a P-1 visa. Because the group is from Canada, can they enter the US just with the approval notice or do they first have to go to the consulate and get actual visas in their passports?  

There more to Canada than just poutine, health care, and HM The Queen on the currency. Canadians are also the only folks who are not required to have physical visas to enter the US.

Canadian artists must still file visa petitions with USCIS and be approved for either O or P visa classification. (Like artists from the rest of the world, Canadian artists cannot perform in the US as visitors—even for free!). However, once the visa petition has been approved, a Canadian artist does not have to go to a US Consulate, pay a visa application fee, and receive a physical visa in his or her passport. Instead, a Canadian artist can enter the US with only their passport and a copy of their USCIS visa approval notice. (Technically, a Customs and Border Patrol (CBP) officer can verify the approval through the USCIS database and does not need a copy of the approval notice. However, for obvious reasons, do NOT rely on this. Artists should always bring a copy of the actual approval notice, as well as a copy of the visa petition itself, just in case.

This unique privilege only applies to Canadian citizens. It does NOT apply to Canadian permanent residents (aka “Canadian landed immigrants”) or anyone who just happens to be passing through Canada en route to the US.

So, in your case, if the three Canadian members of your group are Canadian citizens, then they can proceed directly to the airport or border-crossing and enter the US with only their passport and their visa approval notice. The other 2 members of your group will need to make an appointment at a US Consulate and go through the visa application and issuance process. Apply early…US Consulates in Canada are notoriously backed up!

_________________________________________________________________

For additional information and resources on this and other GG_logo_for-facebooklegal and business issues for the performing arts, visit ggartslaw.com

To ask your own question, write to lawanddisorder@musicalamerica.org.

All questions on any topic related to legal and business issues will be welcome. However, please post only general questions or hypotheticals. GG Arts Law reserves the right to alter, edit or, amend questions to focus on specific issues or to avoid names, circumstances, or any information that could be used to identify or embarrass a specific individual or organization. All questions will be posted anonymously.

__________________________________________________________________

THE OFFICIAL DISCLAIMER:

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!

 

 

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Posted in Agents, Artist Management, Arts Management, Law and Disorder: Performing Arts Division, Touring, Visas | Comments Closed

Can A Visitor Record An Album?

Wednesday, October 3rd, 2012

By Brian Taylor Goldstein

So glad I found your page on the internet, so far it’s been the most helpful out of all my Google searches! I have just a couple of questions. We are from Australia and I have a 14 year old son who has signed a recording contract in the US. Currently we are traveling back and forward on the Visa Waiver Program. I understand he is not aloud to perform until he has an “O” visa. However, is he aloud to record music in his producer’s studio for the album and take label meetings in the hope of placing a major recording contract? When I say meeting, its meeting with music labels for an interview/audition and you normally have to sing a song so that they can hear you and see if they like you in their office.

First of all, congratulations on the recording contract. Those are NOT easy to come by these days.

The visa waiver program allows citizens of certain countries (with Australia being among them) to enter the U.S. for up to 90 days as a “visitor” without first having to obtain an actual B1/B2 (visitor) visa from a U.S. Consulate. Citizens of visa waiver countries only need to have a valid passport to enter the U.S. as a visitor. When an individual enters on the visa waiver program, he or she is subject to all of the same rules and restrictions as if they had an actual visitor visa.

A “visitor” to the U.S. is allowed to do all of the normal visitor activities (sightseeing, shopping, visiting friends, etc.) as well as have business meetings. Visitors cannot work or look for work. Artists who enter as visitors are allowed to attend competitions and auditions (which, as we all know, is a heck of an amount of hard work!), as well as have meetings with producers, agents, and other arts professionals. However, with limited exceptions, they are not permitted to perform in front of an audience–even if they perform for free and/or no tickets are sold! An artist must have an appropriate artist visa (either an O or a P) in order to perform. When it comes to recordings, there’s a limited exception: A recording artist is permitted to come to the U.S. as a visitor to use recording facilities in the U.S., for recording purposes only, provided the recording will be distributed and sold only outside the U.S., and no public performances will be given. Otherwise, when recording artists enter the U.S. to record albums, they are required to obtain an appropriate artist visa.

In your situation, it is perfectly fine for you son to enter the U.S. on the visa waiver program to meet with his agents, producers, and representatives of his label. He can even have interviews and auditions. However, he cannot record music in his producer’s studio for purposes of a publicly released and distributed album unless it’s for an album that will be sold and released outside of the U.S.

You’re fortunate in that Musical America just released a fantastic downloadable report on the complex issue of obtaining U.S. visas for artists, full of helpful tips and explanations. You’ll also want to check out artistsfromabroad.org which has become the definitive resource tool on the issue and which contains an exhaustive array of information and materials.

_______________________________________________________________

For additional information and resources on this and other legal and business issues for the performing arts, visit ggartslaw.com

To ask your own question, write to lawanddisorder@musicalamerica.org.

All questions on any topic related to legal and business issues will be welcome. However, please post only general questions or hypotheticals. GG Arts Law reserves the right to alter, edit or, amend questions to focus on specific issues or to avoid names, circumstances, or any information that could be used to identify or embarrass a specific individual or organization. All questions will be posted anonymously.

__________________________________________________________________

THE OFFICIAL DISCLAIMER:

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!

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Posted in Artist Management, Law and Disorder: Performing Arts Division, Recordings, Visas | Comments Closed