Improving the Visa Process for Foreign Guest Artists
What Is At Stake
American nonprofit performing arts organizations provide an important public service by presenting foreign guest artists in performances, educational events and cultural programs in communities across the country. Foreign guest artists that perform in the US are required to obtain an O or P non-immigrant work visa. The O category is used by individual foreign artists and the P category is used by groups of foreign artists, reciprocal exchange programs and culturally unique artists.
Delays by U.S. Citizenship and Immigration Services (USCIS) and the US Consulates abroad are making it increasingly difficult for international artists to appear in the United States. Nonprofit performing arts organizations confront long waits and uncertainty in gaining approval for visa petitions for foreign guest artists. Delays began in June of 2001, prior to implementation of post-September 11 security measures. At that time, USCIS adopted a Premium Processing Service, guaranteeing processing within 15 days upon payment of an additional $1000 fee per petition. This is unaffordable to most nonprofit arts organizations. For those unable to pay the $1,000 Premium Processing fee, regular processing times have varied between 45 days to six months. In addition to the lengthy USCIS processing, visa issuance at U.S. consulates abroad is taking longer.
Current USCIS practice compounds the growing risk that foreign guest artists will be unable to enter the United States in time for their engagements, causing financial burdens on nonprofit arts organizations, and potentially denying the American public the opportunity to experience international artistry due to delays and cancellations.
The PAA is working with Congress, USCIS and the Department of State to implement common sense administrative reforms to lower the visa processing times for foreign guest artists.
What We Are Asking Right Now
We urge Congress to enact the Arts Require Timely Service (ARTS) Act (H.R. 1312), which will require U.S. Citizenship and Immigration Services (USCIS) to reduce the total processing times for O and P petitions filed by, or on behalf of, nonprofit arts-related organizations to a maximum of 45 days. The O category is used by individual foreign artists, and the P category is used by groups of foreign artists, reciprocal exchange programs, and culturally unique artists.
Recent Activity
House Approves Artist Visa Act!
April 1, 2008
The U.S. House of Representatives has passed legislation to improve the artist visa process. The “Arts Require Timely Service (ARTS) Act” (HR 1312) is sponsored by Rep. Howard Berman (D-CA) and 10 other bipartisan leaders, and would improve the reliability, efficiency and affordability of the artist visa process.
The legislation requires the U.S. Citizenship and Immigration Services (USCIS) to treat as a Premium Processing case, free of any additional charge, any arts-related O and P visa petition that it fails to process within 30 days. The vote was taken under a process called “suspension of the rules,” which resulted in a successful voice vote, so no recorded vote was taken. Reps. John Conyers (D-MI), Dan Lungren (D-MA), and Lamar Smith (R-TX) spoke on the House Floor in support of the ARTS Act while Rep. Steve King (R-IA) spoke in opposition of the bill.
The next step is for the legislation to be approved by the U.S. Senate. A similar bill, S. 2178 has already been introduced by Senator John Kerry (D-MA) and Orrin Hatch (R-UT).
The efforts to improve the visa process for guest artists is led by the Performing Arts Visa Task Force, which includes the Performing Arts Alliance, American Federation of Musicians, League of American Orchestras, Association of Performing Arts Presenters, Dance/USA, North American Performing Arts Managers and Agents, OPERA America, and Theatre Communications Group.
Visa Processing Technical Assistance
March 17, 2008
For the most complete and up-to-date guidance on the visa process and tax treatment for foreign guest artists visit Artists from Abroad: Complete Guide to Immigration and Tax Requirements for Foreign Guest Artists. Created by the Association of Performing Arts Presenters and the League of American Orchestras, Artists From Abroad, provides guidance for foreign artists and artist management companies seeking visas for performance engagements in the United States. The site offers the very latest rules and regulations affecting artists as well as downloadable toolboxes offering handy worksheets, forms and links.
For one-on-one technical assistance please contact the Government Affairs department at your national service organization.
USCIS Extends Artist Visa Filing Time to One Year!
April 16, 2007
Beginning May 16, 2007 visa petitioners will be able submit I-129 applications for O or P visas up to a maximum of one year in advance of their need for the foreign artist’s services. U.S. Citizenship and Immigration Services (USCIS) announced it was changing the visa processing rules to “giv[e] employers and agents more time to bring foreign workers with extraordinary ability to the United States.” USCIS made this rule change at the urging of the nonprofit performing arts community. Currently, the earliest petitioners may file is 6 months in advance of a performance. Extending the earliest filing date from 6 to 12 months will provide relief for those petitioners prepared to file far in advance of a performance. This is one of the administrative reforms that the American Arts Alliance has been advocating for to address the visa processing delays experienced by the nonprofit performing arts community. |
