Performing in the USA - Visa Requirements
Most Irish artists who have performed in the USA will be fully aware of the difficulties that need to be overcome to secure the necessary paperwork to enable an act to do so legitimately. A number of recent profile cases were artists have experienced visa difficulties serves as a lesson as to what can go wrong and importantly how this might be avoided.
Ron Zeelans of RAZCo Visas outlines some of the issues that need to be addressed in advance of booking that coast to coast tour of America.
All artists require a visa to temporarily work in the U.S.; if they performing in a public venue (even if they are not being paid), recording with the potential of having the recorded material released in the US, and for certain promotional activities, except for instance if they are conducting interviews and having photo sessions.
In order for a member of the music and entertainment community to temporarily work in the U.S., be it as an individual artist or technician touring with an American artist/band or a group, they must qualify for one of the following nonimmigrant visas. For an individual to qualify for an "O-1" visa, evidence must be submitted proving they have a distinguished career and are considered to have "an extraordinary ability in the arts". For an entertainment group (in which at least 75% of the performers have been together for a year or more) to qualify for a "P-1" visa, evidence must be submitted proving that they are currently receiving "international recognition".
Either the American based employer or a company acting in an agent capacity, i.e. record company, publisher, booking agent/representative or a production company that will be furnishing their services can act as the petitioner (sponsor) for the visa petition.
Along with the individual's passport information, the U.S. Citizenship and Immigration Services (USCIS) will require the following documents to support the aforementioned types of petitions: biography, charts, single, album and concert reviews - the USCIS likes paper. I always tell my client to supply as much as possible and if need be, I will discard anything that I may feel is detrimental to the case. The USCIS does not require original clippings. You are required to supply true and accurate copies from bona fide publications that are legible. Articles off the internet are not acceptable. Secondly, either the petitioner (sponsor) or the artist's representative/agent will need to supply a complete itinerary (date, venue with address, promoter's name, address and phone number and guarantee) for the period being requested.
It can take upwards of 90 to 150 days for this type of petition to be adjudicated by the USCIS. However, under the government's premium processing program the USCIS is required to process the petition within 15 business days of receipt, but the immigration service will charge an additional $1,000.00 for this fast-track service. Please note that two petitions are usually required, one for the performer(s) and a second for accompanying support personnel.
Upon approval, the individual(s) must make an appointment and apply for their visa at the US Consulate in Dublin. An approved petition only grants you the right to apply for a visa and a visa only entitles the bearer to apply for admission to the U.S., but does not guarantee entry. Furthermore, the USCIS officials at the port-of-entry have final authority to permit or deny entry and the officer will determine the maximum permitted length of stay in the United States.
RAZCo has handled petitions for: Michael Bublé, Jamie Cullum, Shaggy, Dave Stewart, Bill Bailey, Corinne Bailey Rae, Paolo Nutini, Billy Connolly, The Rasmus, The Hives, Eagle Eye Cherry, Julian Lennon, Massive Attack, Che'Nelle, Neil Finn, Ozzy, Shania Twain, The Creatures, Mark Knopfler, ELP, Goldie, Texas, Stiff Little Fingers, Aqua, Paul Weller, The Corrs, Lisa Stansfield, The Charlatans, AC/DC, Pete Townshend, Charlie Watts, Anne Lennox, Moody Blues, Bush, Enya, Default, Nickelback, The Pretenders, Atomic Kitten, Petula Clark, Eleanor McEvoy, and "Dame Edna" to name just a few. RAZCo is also responsible for overseeing visa petitions for the foreign artists performing at SXSW and on HBO's annual U.S. Comedy Arts Festival.
Ron Zeelens
RAZCo Visas
Securing visas (work permits) for the Entertainment Industry for over 25 years
119 Fifth Avenue, 3rd Floor
New York, New York 10003
tel 212 757 1289
fax 212 586 5175
email: ron@razcovisas.com
