recent updates
September 10, 2025
Consulates have ended interview waivers
Interview waivers are no longer. In-person interviews for O and P classifications are now required by all (except Canadian citizens). At especially busy consulates, there are backlogs to schedule an appointment and it is taking longer to issue visa into passport. Schedule your interview(s) as soon as you have your petition Receipt Notice no matter how far in advance of first entry.
Consulate interview location update
Effective immediately, applicants must interview at a consular office in their country of citizenship or country of legal residence. Anyone applying in a country that is neither, there is going to be a high risk of denial and/or delays in processing the applications. As this measure was just announced, there is not much information on how the consular offices will implement this new policy, but third-country artists are being denied visas under the new policy. It is advised that applicants apply in their country of citizenship or residence.
Check back here for any updates. Or send me an email (see Contacts) and I will add you to my mailing list.
Processing times
Petitions will now be processed at a number of service centers throughout the country, not just California or Vermont. What this means is there will no longer be any distinction in Regular Processing times between those two service centers, rather one generic processing time which at the moment stands at 8 months. If filing as Regular Processing at the outset, have the funds for upgrade to Premium ($2,805.00 fee) in reserve and schedule consulate interview date 3 weeks prior to first entry so as to allow as much time as possible for USCIS to process petition before having to upgrade to Premium. Of late the chances of avoiding an upgrade to Premium are next to nil.
Something to consider is that while the cost of Premium Processing Service (PPS) is astronomical, it does allow one more time to try and go for as long a visa period as possible. For the O classification (individual artist) this is 3 years and for the P (groups) 1 year. You must have performance agreements that span the time period of either or portion thereof. The challenge, especially with an extended O period, is getting presenters to sign off on performance agreements that are outside their booking cycle – comes down to one’s relationships with presenters. Performance agreements can take several forms, a couple of which can be non-binding, meaning subject to further negotiation. The objective is to show that there is interest in the artist for a particular date(s) and fee range. The other advantage is that only with PPS can one communicate with USCIS. Lastly, processing with PPS is 15 business days.
RFEs on O-2 and P support personnel petitions
Requests For Evidence (RFE) for O-2 and P petitions for support personnel petitions (technicians, riggers, stage managers, support musicians, tour manager, costume…) are being issued of late requesting more evidence as to what a person does, their qualifications, their past experience with the principal artist or group, and why the artist or group cannot use a U.S. person for a particular job.
USCIS does not care about any repercussions caused if a crew member(s) cannot be used.
In an effort to avoid an RFE of this nature, petitions should include a signed letter from the director of the principal beneficiary (O-1B) or group (P-1B) which explains in minute detail, for each support person:
· what the crew or staff member does for the principal beneficiary or group
· their qualifications and responsibilities with the principal beneficiary or group when on tour – be specific
· their past history with the principal beneficiary or group – be specific
· why the artist or group cannot use a U.S. person for a particular job
· include full biography and CV
The letter should also explain what exactly a particular technician (sound, lights, riggers..) does or what the role is of a stage manager or tour manager. Assume, correctly, that the officer reviewing the petition has no clue as to the specific responsibilities of a crew or staff person and their importance to the production.
What documents to have when entering the USA
It is strongly advised that one travel with the following documents:
· the I-797B Approval Notice (even though you have visa issued into your passport
· petition Form I-129
|· petition itinerary
· performance agreements
CBP officers have been requesting to see the physical I-797B Approval Notice and in some cases the other documents. If a group arriving together, the tour manager should have these documents.
The artist should also have someone trustworthy who have access to these documents along with copies of passport and passport visa stamp.
I-94 Arrival/Departure record
It is critical, before you leave the airport or the border crossing, that each beneficiary confirms the appropriate departure date has been recorded correctly on their I-94 and that it reflects the correct visa classification (O for individual artist, or P for group member). There is not another way to change the departure date after this point.
Whatever date the CBP officer records as the departure date on the I-94 is the absolute last day that the individual can be in the country, regardless of what is printed on the visa stamp itself. Staying on beyond that date constitutes an overstay and will jeopardize your chances of ever returning in the future.
CBP officers at entry are now actively using the passport expiration date as the departure date on the I-94 regardless of what is printed on the visa stamp or I-797B Approval Notice. So, if your approved visa period states March 30, 2027 as the visa expiration date, but your passport expires February 1, 2027, the CBP officer will list February 1, 2027 as the departure date on the I-94. Therefore, it is imperative that your passport(s) is valid beyond the visa expiration date.
You can retrieve your I-94 by going online to https://i94.cbp.dhs.gov. Click on “Get Most Recent I-94”, enter your information (name, date of birth, country of birth, passport number) and you will be taken to the most recent I-94.
Print this out and take a screen shot and have accessible at all times when traveling within the U.S.
You can also go to the tab “View Travel History”, enter the same information and then you are taken to pages with your complete travel history to the U.S. going back 10 years.
If arriving by air or sea, the I-94 is automated, and you should go online to https://i94.cbp.dhs.gov and check it before leaving the airport.
If arriving my land, you will be issued a paper copy of the I-94. If, for whatever reason, you are not issued an I-94 at entry, ask why not. If need be go online to https://i94.cbp.dhs.gov to retrieve your I-94.
Download Entering USA & I-94 Arrival-Departure record.pdf at www.gamisimondsvisa.com under Downloads
Overstays, criminal convictions ESTA violations
Consulates and border officers continue their crackdown on past overstays, criminal convictions and ESTA violations. As regards ESTA violations, it continues to amaze me that after all these years there are still artists that try and enter with an ESTA to perform. However, artists are not totally to blame – there are still presenters, large and small, that give artists erroneous information – always check with an immigration specialist. The major rule of thumb is if the event is open to the public you must have an artist visa - there are NO exceptions. It doesn’t matter where you are performing, whether you are being paid or not, whether there’s an admission charge or whether it’s a benefit – if open to the public you must have an artist visa.
Consulates in particular are denying visas due to past arrests and convictions, even minor ones, particularly involving DUI (driving under the influence) offenses. You must tell your petitioner if you have ever been arrested / convicted ANYWHERE in the world. If so, you need to provide certified copies of all court / police records pertaining to the arrest / conviction. If applying for visa at the US Consulate in London beneficiary must also provide copy of Scotland Yard reports, regardless of what country the crime was committed in. If any beneficiary has been arrested / convicted for DUI in the past – he/she will first apply for visa, then be referred to a designated in-country doctor to determine if beneficiary is a continued public health risk. Standards are very tough, and many petitions are denied for this reason.
Social Media
All applicants for U.S. visas will now be subject to social media screening – for the time being the administration appears to be focusing on students and green card (permanent resident) petitions.
However, this could change.
August 20, 2025
US VISA UPDATE
There are a lot of missives being published by the government that have the performing arts community nervous and frustrated. However, for now at least, the majority do not affect the O and P classifications.
USCIS REGULAR PROCESSING TIMES .... they just keeps being outrageous
This affects anyone who needs an O or P visa, or any other petition-based visa.
Even if you are able to file a petition 9-10 months in advance of first USA entry (12 months in advance is the maximum allowed), there is little to no chance of avoiding an upgrade to Premium Processing Service and its $2,805.00 fee (per petition, regardless of the number of beneficiaries).
CONSULATE VISA INTERVIEW APPOITMENT WAIT TIMES
This affects almost everyone who needs a new US visa, except Canadians.
The appointment wait times vary from consulate to consulate, from 3 weeks to 6 months. Where the wait times are excessive, when booking online with Form DS-160, the beneficiary may receive a date beyond when they are suppose to enter the US. They then go back into their account and request an expedited interview date based on the need to be in the US by a certain date to satisfy contractual obligations.
As of September 2, interview waivers (documentation is couriered to the consulate) will become scarce. These were often granted to those who had an interview in the last year. Frankly, my experience is that it can take longer than having an in person interview. If you want to check the wait time for a particular consulate go to: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/wait-times.html
Click on Global Visa Wait Times and a chart will appear. There’s a column for O and P classifications.
ESTA FEE INCREASE
This does not affect anyone yet.
Congress has approved an increase in the fee for travelers intending to travel to the United States with an approved Electronic System for Travel Authorization (ESTA), but the date of the increase has not been announced. The fee will likely increase from $21 to $40.
I-94 FEE INCREASE
This fee increase has not been enacted and will not impact most travelers.
The I-94 fee is generally only required if arriving by land. Those arriving by air the form is completed online.
If enacted, the new fee will be $24. (from $6.)
VISA INTEGRITY FEE
This does not affect anyone yet.
The administration is imposing a Visa Integrity Fee of $250.00. This is apparently an effort to cut down on overstays and, in principle, is to be refunded when beneficiary has completed their stay. However, as yet, they have not announced how the new fee will be collected or how compliance is proven or how refunds will be handled. This fee is expected to be implemented in a couple of months.
This fee will be applicable to all visas, including O and P, in addition to the consulate fee of $205.00 that is charged when filing the DS-160.
The new fee will not apply to Canadians, for now at least, as Canadian citizens only need the form I-797B Approval Notice and copies of performance contract(s) to enter.
VISA BOND PILOT PRGRAM
This does not affect anyone with an O or P visa.
The Department of State has announced a pilot program intended to discourage people from selected countries from overstaying B1/B2 visas. The program will run from August 20, 2025 until August 5, 2026. At this time, it will only affect people traveling on passports from Malawi and Zambia. Bond fees vary from $5000 to $15,000 and restrict entry to one of three US airports (Boston-Logan, JFK, and Dulles). More information can be found at https://travel.state.gov/content/travel/en/News/visas-news/countries-subject-to-visa-bonds.html
VISA RECIPROCITY RULES
This may affect people who are traveling with passports from certain countries.
While most visa rules apply to people from every country, there are a number of country-specific rules that affect individuals traveling with passports from specific countries. This is called “reciprocity” and usually impacts fees, visa durations, and the number of entries visas allow. Last month, the Department of State (DOS) updated its rules for approximately 50 countries.
Check website at https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country.html for the most up to date information.
The Ins and Outs of a visa petition
Please go to Downloads for PDF files of Visas at a glance, O & P classification criteria, required materials and more.
words to the wise …
The ONLY classifications for performing artists are O (individuals) and P (groups of 2 or more).
A few words about “unauthorized” appearances by foreign artists - i.e.: entering without an O (individuals) or P (group) which are the only classifications for performing artists.
If an artist takes the decision themselves to enter without a proper visa, either with an ESTA or a B1/B2, that’s their decision.
However, if the artist is serious about touring the US on a regular basis, past unauthorized performances will haunt them as they cannot be used as evidence of international recognition when the artist decides to apply for a proper visa.
For presenters there’s little to no risk other than if the artist gets caught entering without the proper visa and denied entry, the presenter’s left with a cancelled engagement – possibly the day of the performance. Many major presenters require an artist to provide the I-797B Approval Notice, and some TV shows demand to see the artist’s passport visa before they’re allowed on stage.
It’s understandable that an artist wants to avoid the high cost and aggravation of applying for a proper visa but not fair to those artists that are going through the process and paying the fees. Artists cannot perform in the U.S. with only a B-1/B-2 visa or in ESTA status regardless of whether or not the artist earns a fee, tickets are sold, the performance is to benefit orphans and widows …. Artists who enter either with a B-1/B-2 visa or in ESTA status entry are considered "visitors/tourists."
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, managers, 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.
IF, however, the showcase IS open to the public – even if free – the artist will need a visa.
If caught at the border entering with a B-1/B-2 visa or ESTA for the purposes of public performances, unless you get a CBP officer that is either ignorant of the statutes (not likely) or you actually have a case for your B1/B2 or ESTA you will be denied entry and put on the next flight back. Your ESTA status can be revoked indefinitely and if officer is in an especially bad mood may bar you from an O or P for 5 years or more.
Yet – still artists attempt this – CBP officers are very savvy when it comes to quickly googling someone’s name and lo and behold state: “I see you are performing at The Crossroads tomorrow night”.
So, if attempting to legally enter with a B1/B2, ESTA for a legitimate booking conference or audition, be prepared to argue legal nuances whilst standing in a crowded immigration hall.