Posts Tagged ‘visa application’

Avoiding A Trip to A U.S. Consulate

Tuesday, January 14th, 2020

Depending on the consulate and a person’s nationality, a “renewal by mail” option is “sometimes” available for artists who are applying for the same visa (O, P, F, etc) within 1 year of the last one. For example, a famous conductor who comes to the U.S. each year on O-1 visas and who gets approved for a new one within 12 months of the last one, may insist that he remain on his beach chair on the Costa del Sol and have his manager mail in his passport and visa application to the consulate and a request a waiver of a personal interview. However, the process is discretionary and the consulate can always insist on an interview—which they almost always do anyway these days. While its less likely for them to refuse an interview waiver for an O-1 visa, they will almost always do so for O-2 and P visas. We also know of artists whose passports have been lost in a consulate’s mail room or even sent to the wrong consulate.

We recently had a manager contact us about at artist who was approved for an O-1 visa and who selected the option to apply for her visa by mail rather to come in for an in-person interview…and then had her application refused and was told she needed to come in for an interview anyway. By the time she get her passport back in the mail to her, it was too late for her to schedule an interview, travel to the consulate, and get the visa in time for her U.S. date. So, the date had to be cancelled.

The good news, such as it is, is that having an application “refused” is not the same thing as a “denial” so it will not impact future applications. The bad news is that it make cause delays and subsequent date cancellations as in this case.

Given the less than welcoming nature of the U.S. these days, we recommend that even if one is, in fact, eligible to renew a visa by mail, artists should ALWAYS go to a consulate for an interview anyway. Put down the mojito and tell Maestro Altercocker he needs to go to Madrid.

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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
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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!

 

 

 

 

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

Avoiding A Visa Interview…Sometimes…Maybe…

Thursday, November 6th, 2014

By Brian Taylor Goldstein, Esq.

Dear Law and Disorder:

I had a really interesting conversation with a consular officer at a U.S. consulate where we were having one of our groups apply for P visas. Our group has toured the U.S. many times and the officer mentioned that P class petitioners do not need to come back in for interviews if they renew their visas within 48 months of their last visa. They can just mail them in through a courier service associated with a local bank. She said that this was true in other countries as well, though the specifics are slightly different in other countries. Are you familiar with this?

Yes, I am familiar with this. What the officer is talking about is a discretionary policy whereby certain individuals under certain circumstances may not be required to have a visa interview at the U.S. consulate if they are applying for a visa in the same category as a visa previously issued to such person. However, before you get too excited, remember that nothing in the tortured realm of U.S. immigration policies and procedures is ever as simple or as straightforward as it may first seem. There are several pitfalls to be aware of.

First, this has nothing to do with avoiding the petition process. Regardless of how many O or P visas an artist may have previously held, all new O and P visas require a visa petition to be filed with and approved by USCIS (United States Citizenship and Immigration Services.) The policy at issue here is whether or not, after approval, an artist may be able to avoid physically appearing at a U.S. Consulate in order for the visa to be issued.

Second, the “interview waiver” policy is determined on a consulate-by-consulate basis and it is by no means a uniform policy at all U.S. consulates. Some consulates may allow this for O and P visas, while others may allow this only for O visas, and still others may allow this for O-1 and P-1 visas, but not O-2 or P-1S visas. And others may not allow this at all. Even where it is available, a consulate might still require citizens of certain countries to come in for an interview anyway. The only way to determine which consulates do and do not allow for visa interviews to be waived under certain circumstances and, if available, the specific process for obtaining a visa without an interview, is to check the website of the specific consulate where the artist will be applying for the visa.

Third, unless there is enough time to deal with glitches and delays, I always encourage artists to appear personally even if they qualify for an interview waiver. Why? Read on…

A pianist who had multiple O-1 visas in the past did not, understandably, want to go to yet another interview at a U.S. Consulate. So, you can imagine her joy when, upon completing her DS-160 (visa application) form on the website of the U.S. Consulate, she learned that she qualified for an interview waiver. She ecstatically selected the interview waiver option on the DS-160, mailed in her passport using the courier service…and her passport never arrived at the consulate. It was lost. Ultimately, she had to obtain a new passport and apply in person, causing a delay of several weeks and the cancellation of several engagements on her tour.

Similarly, another artist who also met the qualifications for an interview waiver, mailed in his passport and, after three weeks of waiting, was informed that he was being required to schedule an interview anyway. Even where an artist meets the requirements for an interview waiver, a consulate always retains the discretion to require a personal interview under any circumstances. Unfortunately, there’s no particular requirement that they inform you of this in a timely fashion.

As fond as I am of sweeping generalizations, they are never applicable in all circumstances. For every tale of problems or delays, there are just as many positive experiences. Nonetheless, its always safe to assume that when dealing with any situation—immigration related or otherwise—in which the outcome you seek will ultimately depend upon a harmonic convergence of timing, competency, and karma, assume otherwise and plan accordingly.

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For additional information and resources on this and otherGG_logo_for-facebook 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 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 Artist Management, Arts Management, 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!

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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

Does The Government Shut Down Also Shut Our Doors?

Thursday, October 3rd, 2013

By Brian Taylor Goldstein, Esq.

Dear Law and Disorder:

I have several visa petitions pending as well as applications for Central Withholding Agreements. What impact will the government shutdown have? Do I need to be worried?

That depends on whether or not the lack of an operational government worries you. Granted, it hasn’t been that particularly operational for quite some time. Whenever my computer becomes non-functional, I find that shutting it down and turning it back on again sometimes helps. Perhaps this will have a similar effect. In the meantime, short of accepting the fact that it may be time to consider putting HM The Queen on our stamps and currency, here’s what we’ve got to work with:

Obtaining a visa involves three government agencies: (1) United States Citizenship and Immigration Services (USCIS), which reviews and (theoretically) approves visa petitions; (2) The United States Department of State which operates the U.S Embassies and Consulates where artists take their petition approvals, are interviewed, and apply for visas; and (3) United States Customs and Border Patrol which monitors all ports of entry and (more often than not) admits artists into the country. Applications for Central Withholding Agreements, on the other hand, are processed by the Internal Revenue Services (IRS).

1.      USCIS:

Because USCIS charges fees for visa petitions, it is not entirely dependent on

Congressional funding. As a result, at least for the immediate future, USCIS will remain open and will continue reviewing visa petitions with the customary unpredictability and quirky efficiency we have all learned to expect. However, visa petition fees do not cover all of USCIS’s operational costs. As a result, if the shutdown continues, you can expect to see increasing delays and slower processing times.

In the category of “every cloud has a silver lining”, a large number of petitions for non-arts related employment visa cannot be processed because they involve other federal agencies, such as the Department of Labor, which are completely closed. As a result, at least in the immediate future, you may actually see speedier processing times for O and P petitions as USCIS examiners find themselves with less petitions to review.

2.      U.S. Department of State (U.S. Consulates and Embassies):

Like visa petitions, visa applications and interviews at U.S. Consulates and Embassies, are “fee-based” and are not entirely dependent on Congressional funding. So the good news, such as it is, is that most U.S. Consulates and Embassies will continue interviewing applicants and processing visas…so long as the buildings remain open. That’s right, while consular services may continue, the longer the shutdown continues, the more likely that that staff support, security and other services will be cut off and the buildings and embassy compounds in which the consulates are located may be forced to close or restrict access.

Another concern is that, even where USCIS has approved a visa petition, citizens from certain countries (and you know who you are) require additional security clearances and background checks before the consulate can issue the visa. As other U.S. agencies are required for such clearances and checks, if these agencies close or shutdown, the visa applications dependent on these clearances cannot be processed.

As each U.S. Consulate maintains its own website, the best advice is to continually visit the website of whichever U.S. consulate you need to determine whether or not that consulate is open and functional. You can link to all consulate from the Department of State’s website: www.state.gov

3.      U.S. Customs and Border Patrol:

As their functions constitute law enforcement, CBP officials are considered “essential personnel.” As result, all borders and ports of entry will remain open and fully operational and there should be no immediate impact on the ability of visa holder to enter the U.S. However, as the shutdown progresses, staffing could may become more limited, resulting in longer lines and grumpier than usual CBP inspectors—especially given that “essential personnel” have the honor of being required to work without the requirement of being paid. Accordingly, you should plan connecting flights accordingly.

One additional note of concern is that the CBP website will not be maintained during the lapse in appropriations. As you may know, since May 1, CBP has no longer been issuing physical I-94 cards to indicate when an individual entered the U.S. and the length of their approved stay. Instead, that information is being entered electronically and, should someone need to verify that they are legally present in the U.S., they can use the CBP website to print out a copy of their “digital” I-94 card. Because approximately 6,000 CBP positions, primarily held by technicians and support staff, are impacted by the shutdown, the website will not be available. You should also expect delays in updating the system once it comes back on-line.

4.      Internal Revenue Service:

It should come as no surprise that the CWA program is considered “non-essential” and, as a result, the program was shut down along with the rest of the government. All processing of applications has stopped and will not resume until the government decides to re-open. At which time, you can expect a delays as the IRS agents attempt to catch up on the backlog. In the interim, engagement fees not covered by a CWA or other applicable withholding exemption, will be subject to 30% withholding.

Obviously, this is an ever changing situation and may have changed already by the time you read this. What has not changed, and is unlikely to change, is that when planning U.S. tours and performances of non-U.S. artists, you should always plan as far in advance as possible and allow as much time as possible. While we will continue to provide updates as they become available, you should also regularly monitor www.artistsfromabroad.org for the latest news.

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For additional information and resources on this and other legal and business issues for the performing arts, visit www.gartslaw.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, Arts Management, Central Withholding Agreements, Law and Disorder: Performing Arts Division, Taxes, Touring, Visas | Comments Closed

Visas for Recording Artists

Wednesday, September 25th, 2013

By Brian Taylor Goldstein, Esq.

Dear Law and Disorder:

If a foreign singer (who is not a citizen of a country that is eligible for the visa waiver program) gets a record deal in the USA, what kind of visa would they need to apply for? And if the singer is currently living in a different country with a residency permit, can they apply in that country where he or she is living, or would they need to return to their own country to apply for the visa? Thanks.

Thanks. This is an easy one.

To work in the US, which includes entering the US for the purposes of recording an album (regardless of whether or not the singer is paid), the singer would need to apply for an O-1B visa. An O-1B visa is for individual artists of “extraordinary ability.” To obtain the visa, a US-based petitioner (which could be the record label or an appointed agent) would need to prepare and file a visa petition with United States Citizenship and Immigration Services (USCIS). (Naturally, there are fees and costs to file the petition.)

Once the visa petition is approved, USCIS will issue an “approval notice.” The singer will need that to make an appointment at a US Consulate and schedule a visa interview. He or she will need to complete an on-line application form and pay a visa application fee. However, the singer can go to any US Consulate in the world that is convenient for him or her. He or she does not have to return to their home country or even use the consulate in the country where they are a living. Any consulate in any country with a US flag outside will work. (Just make sure it’s a consulate that issues visas—not all do.) Assuming there are no problems with the background check, and assuming the singer is not from a country the US doesn’t like (which, sadly, is a larger list than you may think), the visa should be issued in 3 or 4 days.

There is a rare exception you should be aware of which may or may not be applicable. An artist is not required to have an artist visa to enter the US for the sole purpose of using a recording studio to record an album that will not be sold or distributed in the US, and provided there will be no public performances or concerts. If this applies, an artist only needs to have a visitor visa (unless they are citizen of a visa waiver country, in which case, they will only need their passport to enter as a visitor for up to 90-days.)

Remember, everything you could possibly want to know about visa and tax issues for foreign artists wishing to perform in the US, including things you didn’t even know you needed to know, can be found on: www.artistsfromabroad.org

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

A Visa Substitution Requires an Artist to Substitute

Wednesday, April 17th, 2013

By Brian Taylor Goldstein, Esq.

Dear Law and Disorder:

I have a substitution/visa question for you….We were intending to use someone from the US as the eighth singer for one of our groups coming to perform with a symphony in July 2013. It’s now looking like the group might have to replace the intended US singer with a singer from the UK. The rest of the group have visas that have already been approved and issues. Obviously, the singer from the US was not included in the original visa application, so I’m wondering how it would work if we’re now substituting a singer from the UK for the US singer. Would we have to do an entirely new visa application for the new (UK) singer, or would we still be able to add this new singer to the existing (approved) visa petition as a replacement for the US singer? Any light you could shed on this, either by answering these questions or by referring me to another resource where I might be able to get an answer to these questions would be extremely helpful and very much appreciated. Thanks so much!

I can both shed light and refer you to another resource.

First, the light: If you filed a petition listing 7 beneficiaries and 7 beneficiaries are listed on the visa approval notice, and all 7 will be coming to the US, then there is no one you can substitute. The substitution process is available only if one of the original 7 listed singers were to become ill or otherwise unable to travel to the US. Then, you could ask the consulate to “substitute” one of the 7 singers with a new singer. Its also much hard to substitute a visa that has already been issued as the original artists would need to return his/her passport and visa to the consulate in order for it to be voided before the new visa could be issued.

If you need to add an 8th singer and that 8th singer is a non-US performer, then you will have to file an amended petition where you ask for 8 beneficiaries instead of 7. You cannot file a petition just for the extra singer as you cannot list only 1 person on a P (group) visa petition. You would have to re-file the whole original petition as an “Amended Petition” where you list 8 singers rather than 7 and get a new approval notice for everyone. However, only the new, 8th singer, would need to go the consulate. The other 7 can use the visas already issued. You would also need to provide all of the same supporting materials you provided with the original petition (reviews, contracts, articles, etc.) once again as USCIS does not keep copies of these things. (Well, they do, but they are not easily retrievable as we suspect the files are sent somewhere near a top secret UFO landing site in Nevada.)

As the concert is not until July 2013, you won’t need to pay for premium processing and, if you file it as an amended petition, then you won’t need a new union letter. You’ll just need to pay the $325 filing fee.

Now for the resource: There is a lot of information on the substitution process at www.artistsfromabroad.org. You can also link to that site, as well as fine other resources on immigration, at our own website: www.ggartslaw.com

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

Multiple-Entry Visas: A Safe Bet

Wednesday, February 27th, 2013

By Brian Taylor Goldstein, Esq.

Dear Law and Disorder:

 

I am working on an orchestra tour for the 13-14 Season. We would like to include Canadian dates in the route, but they are neither possible at the beginning or end of the tour. Is it possible on a work visa, for a group to depart the USA for Canada for a couple of engagements and then re-enter the US as part of a single visa application? This was not possible for the Cubans, I was told. However, I know a Russian ballet company that was able to do this. My associate is confident this is not possible.

I hope you made a bet with your associate, because you’d win. Your associate is incorrect. Except for a specific list of countries, ALL visas are multiple-entry during the validity period. So, for example, if a UK citizen receives an O-1 for 1 year, he can enter, leave, and re-enter as often as he wants during that year. If a Russian orchestra receives a P-1 for 6 months, they can enter, leave, and re-enter as often as they want during that 6 months. Exceptions include such countries as China, Brazil, Cuba, and certain middle-eastern countries. You can find the complete list of countries that have restricted entries on the state department website at http://travel.state.gov/visa/fees/fees_3272.html

So long as a member of your orchestra is not from a country on the restricted entry list, then, provided you are able to obtain a P-1 visa for the orchestra for the 13-14 season, each member will be able to enter the US, leave and go to Canada, and re-enter the US whenever and as often as they wish. However, as they may need separate visas to enter Canada, you will need to check Canadian law immigration to confirm that.

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

Responsibility…Its Not Just About Visas

Wednesday, January 30th, 2013

By Brian Taylor Goldstein, Esq.

Dear Law & Disorder:

We are facing a visa problem for one of our Russian singers.  She is supposed to sing in the United States at the end of February with a US Orchestra. Now it turns out that the orchestra is neither willing to apply nor to pay for the visa fees that would be a total of $1800 ($250 for the AGMA union consultation, plus $325 to USCIS, plus another $1,225 to USCIS to have the approval notice expedited) and the artist does not want to pay this big fee for just one engagement of 8 days. The visa petition is ready to be mailed, but now we are wondering if there is a way of reducing the costs. The singer has been to the US many times to perform, and is a member of AGMA. On the top of the visa petition, she will also have to pay $190 for an interview at the US Embassy in Moscow. Would there be a way of getting her a visa without having to pay all these costs (or at least pay less?) Help!

If the singer is a current AGMA member, AGMA may waive its $250 consult fee, but you’ll need to contact AGMA directly to confirm their current policy. Otherwise, sadly, there is no way to reduce the costs you have listed.

USCIS charges a basic filing fee of $325 for standard processing. USCIS standard processing times can vary wildly, and change without notice. USCIS has recently been processing petitions within 3 – 4 weeks of filing, sometimes even sooner. However, if you can’t take the risk, you will, indeed, need to pay an additional fee of $1225 for premium processing in exchange for which USCIS will guarantee to review the visa petition within 15 days of filing. (Remember, “review” does not guarantee “approval.” USCIS can always review the petition and still return it, asking for more evidence or supporting materials.) While there is a process by which you can ask for an “emergency expedite” and waive the premium processing fee, this is reserved for instances of true “emergencies” (ie: an ill performer requires a last minute replacement). Financial hardship won’t qualify as an “emergency.” There is also no mechanism by which to avoid the $190 visa application fee required to be paid to the consulate. (Some consulates charge even more.)

What makes this situation truly unfortunate is that all of this could have been avoided. When a non-US artist is engaged to perform in the US, who will bear the artist’s visa costs, along with who will take responsibility for preparing and filing the artist’s visa petition, is something that can and should be negotiated at the time of the engagement. I encounter far too many situations where artists are booked and, while fees and travel arrangements are discussed at length, no one discusses any of the other details that are critical to a successful engagement—such as visas and tax withholding. Managers too often assume the opera companies, orchestras, or presenters will handle it, the opera companies, orchestras, and presenters assume the managers will handle it, and the artists assume that they are paying a 20% commission for “someone” to handle it so they don’t have to. Remember, there are no industry standards!

While it won’t necessarily help your current dilemma, the solution in the future is quite simple: if you are a manager or agent, no matter how badly you want to book an engagement for your foreign artist, before you do so, confirm with the presenter or venue whether or not the artist already has a visa, will require a visa, and/or who will pay and petition for the visa. If you are an opera company, orchestra, or presenter, no matter how badly you want to book a particular foreign artist, always ask their manager or agent whether or not the artist already has a visa, will require a visa, and/or who will pay and petition for the visa. While you’re at it, you might as well negotiate and confirm everything else, too: licensing, cancellation terms, recording rights, etc. A lot of angst could be avoided if each party in an engagement contract makes it their responsibility to discuss with the other party all contingencies and potential problems that could arise. Avoiding an empty stage and an unhappy artist is everyone’s responsibility.

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WE WILL BE TAKING A BREAK THE WEEK OF FEBRUARY 4 AS WE RELOCATE OUR OFFICES.

OUR NEXT BLOG POST WILL BE ON FEBRUARY 13.

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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 Agents, Artist Management, Arts Management, Contracts, Law and Disorder: Performing Arts Division, Presenters, Taxes, Touring, Venues, Visas | Comments Closed

I’ll Show You My Visa If You Show Me Yours!

Wednesday, October 31st, 2012

By Brian Taylor Goldstein, Esq.

First and foremost: our thoughts and prayers go out to everyone recovering from and impacted by Hurricane Sandy. From property destruction to physical injuries and deaths, it has caused immeasurable damage. For those of us in the arts industry, its also caused cancellations and logistical nightmares, but performances can always be rescheduled. Now is the time for us to work together and remember what’s important.

Dear Law and Disorder:

I am writing because I am filing a visa application for a German orchestra conductor. He has been approved for an O-1 visa for a period of two years. He has multiple engagements and will need to come in and out of the U.S. during this time. I am hoping to apply for a multiple entry visa for him, however I cannot see an option to select the times he wants to come to U.S. on the visa application. Was this something I was supposed to request on the visa petition? What do I do?

Good news! There is nothing for you to do. Except with regard to a small list of specific countries, all US visas, once issued, are automatically multiple-entry!

If you visit the website of the United States State Department at http://travel.state.gov/visa/fees/fees_3272.html you will find the State Department “reciprocity” list. This contains the rules that govern the validity period of visas, the number of permissible entries, and fees charged for them. Its called a “reciprocity” list because the U.S. charges citizens of other countries whatever fees their countries charge U.S. citizens for similar types of visas and, reciprocally, limits the citizens of certain countries to visas as short as three months, and to visas valid for single entries only. In other words, the United States basically treats the citizens of other countries either as good or as bad as they treat citizens of the United States…diplomacy at its best!

For example, Chinese citizens are only eligible for single entry visas and their visas are only valid for three months at a time. So, even if USCIS approves a Chinese musician for an O-1 visa with a classification period of three years, pursuant to the “reciprocity” list, the consult will only grant the Chinese musician a visa valid for three months and a single entry. This means that, once the visa is issued, the Chinese musician has three months to enter the U.S. Once she enters the U.S., she can remain and work in the U.S. for the full three years of her approved O-1 classification. However, if she leaves at any time, she will need to return to the consulate and obtain a new visa before she can return. (NOTE: She will not need a new approval from USCIS. She merely needs to apply for a new visa at the consulate using her original I-797 approval notice.) Similarly, a Brazilian artist approved for a three year O-1 will be issued a multiple entry visa, but only valid for three months. During the three year period, they can enter and leave as often as they wish, but only for three months. After that, they must obtain a new visa.

In your case, there are no restrictions on German citizens. So, pursuant to the reciprocity list, if your conductor has been approved for a 2-year O-1, the consulate will automatically issue him a multiple entry O-1 visa valid for 2 years, during which time he can enter and leave the U.S. as many times as he likes during that period. There is no box or option to check because you are done.

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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.

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