FAQ
Q: If I do a virtual gig for a USA presenter do I need a visa?
A: No because the service is taking place from a foreign country.
Q: If I do a virtual gig for a USA presenter am I liable for the 30% withholding at the source?
A: No because the service is taking place from a foreign country.
Q: WHAT classification VISAs are appropriate for artists/groups?
A: The ONLY classifications for performing artists are O (individuals) and P (groups of 2 or more).
Each has corresponding classifications for support personnel.
The risks of coming in under any other classification, or God forbid, none, are too great.
See downloads - O & P Visa Classifications
Q: CAN I PERFORM AT A CONFERENCE WITHOUT A VISA?
A: There is a very narrow exception whereby artists performing at a "legitimate" booking conference or audition are legally eligible to do so in ESTA status (or with only a B-1/B-2 visa if they are not eligible for ESTA), provided the booking conference or audition is:
(a) closed to the public (which means the performance is restricted to producers, promoters, agents, mangers, or people who may actually engage the artists)
(b) no tickets are sold
(c) no fees are paid to the artist (other than actual, itemized expenses)
(d) and the artist does not intend to perform anywhere else or under any other circumstances whilst in the U.S.
Be sure to have a letter from the conference organizer that confirms these circumstances.
If, however, the showcase or audition is open to the public, even if free, artist must have a visa.
Q: What is a multiple-entry visa?
A. There is no specific visa for multiple-entry, whether an O or P. Multiple-entry = a petition wherein there are multiple USA time periods. Gaps between USA performances must not exceed 5.5 months for O and 2.5 months for P.
Q: HOW LONG IS A VISA GOOD FOR?
A. For an O up to 3 years and P up to 1 year.
In either case you must provide performance contracts or deal memos that span the 3 or 1 years or portion thereof.
Q: DO I NEED TO HAVE CONFIRMED PERFORMANCES BEFORE GOING FOR A VISA?
A: Yes, however, if applying for an extended period, while signed performance contracts or deal memos are required for the first set of performances, letters of intent are acceptable further down the line. However, these must state a proposed date(s) and fee.
Q: HOW FAR IN ADVANCE CAN YOU APPLY FOR VISA?
A: You can apply for an O or P up to 12 months prior to start of intended visa period.
Q: IS AN ITINERARY REQUIRED? If so what must be included?
A: For any petition wherein services take place in multiple locations a detailed day to day itinerary is required.
Your petitioner should provide an itinerary template to work with as there is specific content and the format should be consistent throughout. For an extended visa period the itinerary can be time consuming to create.
The only instance where an itinerary is not required is if all services take place in one location. A campus or similar complex is considered one location. For example – if you are doing a residency in Los Angeles at UCLA with performance at Royce and workshops elsewhere on campus – that’s considered one location. But if your residency includes a performance at a school or other venue in Los Angeles an itinerary is required.
Note: once you obtain a visa approval –the I-797 Approval Notice - one can add, change, cancel dates after the fact without notification to USCIS, as long as within the visa time periods stated on petition/approval.
If the beneficiary will be departing and re-entering the U.S. during the visa period (in effect a multi-entry visa), non-U.S. days must also be accounted for - be they performances, rehearsals, teaching, holidays, though contracts and specific details not required for non-USA time periods.
Q: HOW LONG DOES THE PROCESS TAKE?
A: Rule of thumb- for Regular Processing - allow 5-6 months from start to finish pending whether or not a consulate procedure is required (all beneficiaries except those from Canada).
Q: WHAT IS THE LABOR CONSULTATION?
A: Prior to sending the petition to USCIS, one must obtain a labor consultation from the 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 USCIS. Do not play with job titles to avoid a second or third union. Where there is no appropriate union, a declaration is included within the petition 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 – choose which is the primary responsibility and go with the appropriate union.
Q: CAN MY FAMILY TRAVEL WITH ME?
A: The spouse and unmarried children accompanying an O or P performing artist or essential support person may qualify for an O-3 or P-4 visa (depending on the related performer's visa classification). Accompanying dependents must provide evidence of their relationship to the beneficiary at the time of application for the beneficiary’s visa at a U.S. Consulate, port of entry (POE) or pre-flight inspection. One does not include spouse or dependents on the beneficiary’s USCIS Form I-129.
If the spouse/dependent(s) are Canadian citizens, presenting proof of relationship, together with principle beneficiary’s I-797 Approval Notice 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.
The spouse/dependent(s) of an alien with an O or P visa are not allowed to work, unless they file their own I-129 petition. The duration of a dependent’s stay in the U.S. is the same as the primary beneficiary.
Q: HOW DO I START?
A: As soon as a US tour is evident, contact us here.