recent updates

April 5, 2024

Greetings Friends and Colleagues,
On April 1 USCIS issued its final rulings on fees and reductions.
The old I-129, as you all know, was $460.00. The new rate is $1,655.00, with reductions for not-for-profit petitioners and for petitioners that qualify as “small employer”. 

The good news is GAMI/Simonds will qualify for the “small employer” fee reduction!

The new fees for “small employers” are:
O classification - $530.00 I-129 fee + $300.00 Asylum Program Fee = $830.00 per petition – an increase of $370.00
P classification - $510.00 I-129 fee + $300.00 Asylum Program Fee = $810.00 per petition – an increase of $350.00
(Note: the Asylum Program Fee is new, never existed prior to April 1)  

The additional fees to the USCIS per petition fee, for a single principle petition (O or P), will remain the same:
Labor union consultation fee $300.00 - $500.00 pending the union(s) and whether use union expedited service
GAMI/Simonds hard costs: between $250.00 - $300.00
GAMI/Simonds fee: please contact Don Verdery

If there is an accompanying petition for essential support personnel (O-2, P-1S, P-3S), the following fees apply:
Labor union consultation fee $300.00 - $500.00 pending the union(s) and whether use expedited service
GAMI/Simonds hard costs: $50.00
GAMI/Simonds fee: please contact Don Verdery

In addition, please note:
For those companies with more than 25 personnel (performer or otherwise), there is now a cap of 25 beneficiaries per petition. This applies to O-2, P-1B, P-1S, P-3, P-3S. Which means, if you are a company (dance, theatre, circus) and have 35 performer personnel you will need to file 2 petitions, one for 25 and one for the remaining 10. 

Premium Processing Service (PPS) fee is now $2,805.00 per petition with a processing time of 15 business days rather than 15 calendar days, effectively making it +/-21 days. The only way to avoid this additional cost is to start the process early.

Please contact GAMI/Simonds as soon as USA dates are imminent. Do not think you need to wait until all performance dates are confirmed and fully executed contracts are in place. USCIS will accept simple deal memos which can be easier to obtain from a presenter while formal contracts are finalized. One can also submit non-binding deal memos for dates still under negotiation and/or are outside the presenters normal booking cycle. The objective is to demonstrate there is interest in specific dates.

I strongly recommend you allow 5 months for the process. USCIS processing times for Regular Processing is between 2.5-3 months. Add to this the time required to gather materials, create the case(s), submit to labor union(s) and consulate procedure (unless a Canadian citizen). Please know I work closely with my clients to assist them in getting the most effective time period possible. 

Please do not hesitate to reach out with any questions.

I thank you for your support over the years and look forward to serving you in the future.

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.