Performers & Artists: Getting A Visa to Work in the USA

Robert Baird from BAM! Baird Artists Management Consulting shares with StageLync, how artists can get a visa to perform in the USA.

SL: How do artist’s get a visa to work in the USA? Do I need an American company to offer me a job or can I come on my own in any way?

You can only get a visa to work in the US for employment if you are sponsored by an American company or if you qualify as an individual with exceptional talent.

What are the types of Visa’s artists could apply for? (P1 / P3 / B1 / B2 / O visa)

P1 is for a performing group

P2 if for AFM members only

P3 is for culturally unique performances

B1/B2 are for business or pleasure and the business purposes are restricted, not including working in the United States

O-1 is for an individual of extraordinary talent

What are the basic differences between these visas?

Basic difference is cost, and evidence requirements. O-1 requires a higher level of evidence, P1 not so much and P3 the evidence must support the cultural uniqueness.

What are the requirements to qualify for an O-1 visa?

Evidence that individual or group is internationally recognized as outstanding in the discipline for a sustained and substantial period of time as demonstrated by evidence of your receipt of, or nomination for, significant international awards or prizes for outstanding achievement in the field, or evidence of at least three of the following:

• Has performed and will perform as a starring or leading entertainment group in production or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications, contracts, or endorsements
• Has achieved international recognition and acclaim for outstanding achievement in its field as evidenced by reviews in major newspapers, trade journals, magazines or other published material
• Has performed and will perform services as a leading or starring group for organizations and establishments that have a distinguished reputation as evidenced by articles in newspapers, trade journals, publications, or testimonials
• Has a record of major commercial or critically acclaimed successes, as evidenced by indicators such as ratings, box office receipts, record, cassette or video sales, and other achievements as reported in trade journals, major newspapers or other publications
• Has received significant recognition for achievements from critics, organizations, government agencies or other recognized experts in the field
• Has commanded and will command a high salary or other substantial remuneration for services comparable to others similarly situated in the field, as evidenced by contracts or other reliable evidence

Here are some of the lessons I have learned in processing visa applications over the past year:

• Start as early as possible – up to a year in advance.
• If you try to enter the United States to work without a work visa you can be banned from entry in the USA for up to 10 years.
• You need an entry visa as well as a work visa to enter United states. The entry visa is acquired from the State Department under a separate DS-160 process. (Canadians excepted).
• There is a Showcase Exception which may avoid the need for a work visa but there are strict requirements for this Exception.
• You can enter the U.S. 10 days before the approved date on your work visa I-797 and stay 10 days after the approved date BUT, if you intend to stay for hie 10-day period after, you must get it approved by the Border Patrol officer when you enter and it must be on your I-94 record.
• A work visa application is restricted to 25 beneficiaries now.
• The time frame for a response from USCIS on a visa application is 15 business days with Premium Processing and approximately 3 months with Regular Processing.
• That response might be a Request for Evidence which will stop the processing clock and require you to respond to the adjudicator’s request for additional documentation.
• The time required to get an appointment at a Consulate for the entry visa must be factored into your touring schedule. Wait times for appointments vary from Consulate to Consulate.
• You must deal with the 30% withholding on fees paid to foreign artists in the United States. It is best to get a CWA or file a W-8BEN-E or Form 8233 whichever is appropriate.
• Filing of a U.S. tax return is a requirement foreign artists performing in the United States.
• There is no requirement to obtain a work permit in Canada for most artists on tour.
• You must deal with the 15% withholding on fees paid to foreign artists in Canada. An R-105 waiver is recommended.
• Filing of a Canadian tax return is a requirement for foreign artists performing in Canada. There is a penalty of CAN$2500 for not filing the required return.

Robert Baird – BAM! Baird Artists Management Consulting

Robert Baird is President of BAM! Baird Artists Management Consulting in Toronto, and an acknowledged expert in international touring including visas, withholding and taxation. For many years, Mr. Baird ran a booking agency in Toronto, Canada with an international roster of performing artists in musical theatre, instrumentalists, vocal artists and performing groups in all genres. He is former President of NAPAMA (North American Performing Arts Managers and Agents), and served on the Executive Board as VP of Festivals and Events Ontario (FEO). Mr. Baird is Past- President of OAPN (Ohio Arts Professionals Network), served as APAP (Association of Performing Arts Professionals) Showcase Coordinator and serves as Board Treasurer of The King’s Singer’s Global Foundation. Mr. Baird is an A.F.M. Booking Agent and an Acceptance Agent for the I.R.S. He is well-known for his columns on “Crossing Borders” in International Musician and IFEA’s “ie”.