Artist mobility FAQs regarding SXSW’s Cancellation
With the cancellation of SXSW, artists and industry are scrambling to adjust their plans. Not surprisingly, we are hearing lots of questions about what people can and cannot do. The following FAQ is Tamizdat’s guidance regarding visa and immigration issues (We are not going to address the question of whether—from a health point of view—it’s wise to travel internationally right now). If you have further questions, please feel free to contact avail@tamizdat.org for pro bono assistance.
Yes. The cancellation of one engagement normally does not invalidate an P or O visa that was issued to cover multiple engagements in the US. If SXSW was only one of your planned US engagements, you should be fine to proceed with your tour.
No, unfortunately. Changing the dates of your visa will require you to have a new petition filed and a new visa issued.
SXSW was my only U.S. date, so I had secured a B1, B2, or B1/B2 visa. One or more of my planned Austin gigs is still happening. May I still play my planned gigs?
No. B visas have been issued to artists planning to perform at SXSW specifically because of SXSW’s status as a “bona fide industry showcase event” in the eyes of the U.S. government. You would have been allowed to perform at SXSW on a B visa only because of SXSW’s special status. Without SXSW in the mix, these performances will now likely be viewed as commercial gigs, for which you need to have secured a P or O visa. If a passport control officer finds out that you’re heading to Austin to perform, it’s quite likely that they would deny you entry to the US, because they know that SXSW has been cancelled. Being denied entry could make it hard to get ESTA or visas to the US in the future.
Probably yes. Be prepared to explain to the passport control officer (CBP) that your flights were booked and your hotel paid for, and you have numerous meetings in Austin so you have decided to travel anyway. You’ll want to make it clear to the officer that you will not be performing.
Probably yes. Be prepared to explain to the passport control officer that your flights were booked and your hotel paid for, and you have social plans in Austin so you have decided to travel anyway. You’ll want to make it clear to CBP that you will not be performing.
Probably not. It’s hard to imagine that the U.S. government has the capacity to identify and revoke ESTA and B1 visas for Austin-bound artists. However, if a passport control officer finds reason to believe that you are planning to perform in the US on your B visa or on ESTA / Visa Wavier (even if you are not getting paid) you are likely to be denied entry to the US. Being denied entry could make it hard to get ESTA or visas to the US in the future.