The U.S. Immigration Service announced new fees for the 0-1 and 0-2 visas, the ones needed for people with extra-ordinary abilities to travel and work in the U.S. for an extended period of time.
Adam Gross, Vice President of Ineffable Music says this will have adverse effects on tours for artists who are non-U.S. residents or citizens.
“They are suggesting that international artist who want to come to the U.S. to tour will see increase in their visa amounts from $460 per person to $1650,” Adam says. “For the overwhelming majority of artist this makes touring impossible, you already have to pay for all these flights, you already have to pay to get your crew around for a bus, or some sort of vehicle, for hotels, you have to pay 30% withholding tax, so when you get paid for show they have to withhold 30% to the U.S. government,” Adam says frustratingly.
“The Department of Homeland Security need to find way to fund itself in a different way, it is absolutely insane, it completely makes it impossible for non-Americans to tour in the U.S., he concludes in the post.
Jamaican artists however, faced a bigger problem than the cost of the visas because even as ticket prices for shows increase by 20% a slew of the island’s top stars such as Popcaan, Bounty Killer, and Beenie Man were unable to cash into the lucrative U.S. market because they do not have 0 visas. A fact that Shaggy says has put a burden on him and Sean Paul to carry dancehall abroad.
In the lead up to the release of his latest album “Great Is He,” Popcaan tweeted, “why they let me into everywhere except America?? something not right!!! Well i would like to see what America look like. Let’s start the 1st time in America campaign today!!! #GIHE
Go!”
Why they let me into everywhere except America?? 🤔 something not right!!! Well i would like to see what America look like. Let’s start the 1st time in America campaign today!!! #GIHE Go!
— Popcaan (@PopcaanMusic) January 26, 2023
Event company Live Nation’s December reports showed that the Los Angeles based company with a presence on over 200 venues, Full Year Operating Income Improved $1.2 billion and AOI Up $1.3 billion (vs 2020). The official report states that over 35 Million Fans Attended Concerts which is a double digit improvement from pre-pandemic numbers in 2019.
The official report showed event ticketing was the main money maker for their “Best Quarter Ever”.
As the effects of the pandemic cease and live events make a comeback the multi-national company is projecting event-related referred revenue of $2.3 billion.
WMV speaks exclusively with our immigration expert Sekou Clarke who explains what the 0-1 visa is, and what artists should do to increase their chances of acquiring it to do shows in the U.S.
Can you explain the criteria for the O-1 visa and how it applies specifically to artists and performers?
It is very important to understand that there are two different types of O Visas, the classification for artists is O-1B. This category is for people with extraordinary ability in the arts.
An Artist/Group needs to demonstrate sustained national and international acclaim.
The artist/group comes to the U.S. to continue working in the same field of extraordinary ability.
The artist must have performed at high and elite level internationally and their music is internationally recognized.
What kind of evidence do artists need to provide to support their O-1 visa application, and what constitutes “extraordinary ability” in the arts?
Evidence, received or been nominated for a national or international award equivalent to an Academy Award, Emmy or Grammy, or they satisfy three out of the six categories described below:
· Elite level Membership Associations
· Major National or International Awards
· Leading Role in Events ( Headlining events )
· Commercial Success in charts or media
· High Salary in relation to other artists
· Received significant recognition for achievements from associations, recognized experts in the field
Important! USCIS officer reviews the evidence in an application, they look at each category separately.
Are there any particular challenges that artists may face when applying for the O-1 visa, and how can they best prepare for these challenges?
The major Challenges are having the credentials and sufficient international recognition to qualify for the visa.
However the artist can also present evidence to demonstrate what they will do once they are in the U.S. during the visa period through an itinerary of events and concerts which are evidenced in media or internationally recognized example performances at concerts headlined by other major internationally recognized artists.
Can an artist apply for an O-1 visa without an agent or employer sponsor, and if so, what is the process for doing so?
Artists cannot apply for an O-1 visa by themselves they must have a petitioner ( Agent or manger with US registered company) who files the application on behalf of the artist, with a corroborating contract.
How does the O-1 visa differ from other visas commonly used by artists, such as the P visa or the B-1 visa?
The O1 allows the artist to stay in the U.S. for and extended period up to 3 years and provides the ability to legally work. Whereas on a B1 the typical stay is 6 Months and employment is impermissible.
Generally the P1 visa offers the same extended stay and working benefits but the O1 grants the classification of extraordinary ability which makes it less challenging to apply for a Green card.
Can an artist work for multiple employers on an O-1 visa, and if so, what are the requirements for doing so?
Generally, the artist is only allowed to work for one petitioner employer at a time.
The USCIS regulations do note, however, that once in the US, an artist can add events to their itinerary. This allows the artist to be invited and booked do to other shows outside of their original itinerary. However, if they change petitioners/ employer they require a new O1 filing.
What is the timeline for processing an O-1 visa application, and how long can an artist stay in the United States on an O-1 visa?
Processing times for an O-1 visa can vary depending on the particular case and the USCIS processing center. Generally, it takes anywhere from 2 to 5 months for USCIS to review and decide whether or not to grant a renewal request. However, there is the option to expedite the response through Premium processing which means having a response from USCIS in 15 calendar days after submitting the application for an additional fee.
Then once approved a visa interview must be scheduled at the artist’s home country’s consulate for the visa to be issued if they are outside of the US. This may take 1 week to 3 months depending on the availability of appointments at that consulate.
Once granted, the O-1 visa may be valid for an initial period of three years and may be extended indefinitely in one-year increments
Can an artist apply for permanent residency in the United States while on an O-1 visa, and if so, what is the process for doing so?
Answer: Yes. There are different categories of Green Cards, from Employment-Based and Family Based Green Cards to Diversity Visa, its all based on eligibility and being current legal and lawful status.
For the O-1 visa holder, it is more appropriate to get an Employment-Based Green Card. Since being on an O1 you are already classified as possessing extraordinary ability, an employer can petition for the artist via an EB-1 visa.
The EB-1 visa is the Green Card for extraordinary abilities and achievements. Similarly as the employer filed a petition for the artist via the O-1 visa, the artist must find an employer who is willing to file a petition for an EB-1 visa. This petition is filed through Form I-140, Immigrant Petition for Alien Worker. There are fees and supporting documents that must be attached to the petition to prove your eligibility.
Are there any restrictions on the type of work an artist can do on an O-1 visa, or any limitations on their ability to travel or perform outside of the United States?
This depends on the terms of the contract and/or itinerary. Typically the artist can only work for their petitioner employer, but can perform at any show booked for them as long as its agreeable to the petitioner employer. The artist may not legally do any other employment outside of what is designated by the petitioner employer
What advice do you have for artists who are considering applying for an O-1 visa, and what should they keep in mind as they navigate the application process?
For any artist contemplating applying for an O-1 visa, I recommend seeking out a competent immigration attorney whose opinion you can get before applying. The attorney will review their bio and body of work and all your application materials, and make a judgment of “yes,” “no,” or “maybe” in regards to whether or not the application is likely to be approved.
I strongly encourage artists to build out their national and international credentials further before they apply.
Explore collaborations with other artists that have international or national recognition or awards.
Solicit as much media attention with their music. Explore performing in as many countries as possible outside of the US. Strategically Market their albums or singles, have a strong positive digital and social media presence. Market themselves as Brand
