+ Visas for Performing Artists: Navigating the Labyrinth C OVEY L AW

+ W HO N EEDS A U.S. V ISA ? Most Likely You! Unless… Event is Industry Showcase where the Principle Purpose of the Audience is NOT to be Entertained, but to Consider Working with or Hiring the Artist in the Future Event is 100% Sponsored by Your Home Country’s Government and the Audience is Non-Paying

+ N OTES Simply not getting paid doesn’t NOT mean you don’t need a visa The exceptions ONLY work if the U.S. Immigration Officer at the border/airport believes you!

+ W HAT K IND OF A V ISA D O I N EED ? P Visas P-1 for ensembles P-2 for cultural exchange group P-3 for culturally unique artist/group P-1S for crew of ensembles P-2S for crew of cultural exchange group P-3S for crew of culturally unique artist/group

+ W HAT K IND OF A V ISA D O I N EED ? O Visas O-1 for individual, solo artists O-2 for backing band/crew of individual, solo artist

+ D O I N EED A S PONSOR ? No, but you do need a PETITIONER. Who can be your Petitioner? U.S. Entity U.S. Citizen/Permanent Resident/Non-Immigrant Visa Holder U.S. Company Petitioners are often: U.S. Agents (booking agent or agent for visa purposes only) U.S. Labels U.S. Organizations (festivals, venues)

+ H OW L ONG W ILL M Y V ISA L AST ? P Visas Up to 1 Year Most are Multiple Entry O Visas Up to 3 Years Most are Multiple Entry Must prove bona fide, contracted employment for the duration you’re requesting.

+ P ROCESS TO GET THE V ISA STEP 1 Petitioner files the I-129 with the United States Citizenship and Immigration Services to establish your eligibility for the visa STEP 2 Once I-129 is approved, you complete an online application and make an appointment at the U.S. Embassy or Consulate in your city (or a nearby city) to interview and have your visa issued into your passport Note: the Embassy/Consulate determines whether there are factors that render you ineligible for the visa

+ N OTE Canadian Citizens are exempt from STEP 2; they do not need to go to an Embassy or Consulate to have their visa issued Instead, Canadians bring the proof of their approved I-129 to the Port of Entry and are generally admitted into the U.S. in their approved visa status

+ H OW L ONG D OES T HIS T AKE ? More than 3 weeks, less than 6 months! STEP 1 - USCIS Processing times are constantly changing Unless you pay for Premium Processing $1225 for Premium Processing = USCIS reviewing your petition in 15 calendar days

+ H OW L ONG D OES T HIS T AKE ? STEP 2 – Embassy/Consulate Wait times to get interview Complications during interview Criminal issues Prior visa violations (overstay, unauthorized work) Potential threat to U.S. security This part can take a week or two if no issues, OR months if any complicating factors/issues

+ H OW TO A VOID P ROBLEMS Start EARLY Ensure ample time to gather proper documentation for petition (STEP 1) Disclose up front if you have a criminal record or prior visa violations Start EARLY 99% of Visa Problems Could be Avoided if Artists Started the Visa Process Earlier!

+ B IG N EWS !! TamizdatAVAIL Artist Visa Hotline Immediate legal assistance for problematic visa cases Tamizdat Pro Bono Attorneys In-depth legal assistance for problematic visa cases that need additional assistance TamizdatAVAIL Dispatch Publishing analysis of current artist visa-related issues at USCIS and the U.S. State Department with goal of facilitating (1) improvements in training for officers and (2) progressive regulatory reform