FAQ for people traveling internationally to SXSW 2023
SXSW will go live and in person in Austin this March. Unsurprisingly, international industry professionals and musicians have a lot of questions about the legalities of entering the U.S. This FAQ will help answer some of those questions. Please keep in mind, however, that this is intended as general guidance, and not legal advice. Legal advice can only be given specific to the facts of an individual’s real-life situation, so if you have a question, please contact Tamizdat’s Artist Visa Assistance & Information Line (TamizdatAVAIL) for pro bono legal assistance.
Q: What are the current rules regarding air travel to the U.S.?
A: On November 8, 2021, the U.S. lifted its country-specific travel bans and replaced them with a COVID-19 vaccination requirement. Now, all adult nonimmigrants traveling by air from any country to the U.S. are required to be fully vaccinated, with limited exceptions. Only vaccines that are approved or authorized by the U.S. Food and Drug Administration or listed for emergency use by the World Health Organization will be accepted. As of the date of this update, the accepted vaccines are as follows: Janssen/Johnson & Johnson, Pfizer-BioNTech, Moderna, AstraZeneca, Covaxin, Covishield, BIBP/Sinopharm, Sinovac, Novavax/Covovax, and Medicago. For more information, including acceptable forms of proof of vaccination, see this page on the CDC website.
Q: Do I need to take a COVID test before I travel to the U.S.?
A: No (with the exception of travelers from China—see below*). As of June 12, 2022, air passengers traveling from a foreign country to the U.S. are no longer required to show a negative COVID-19 test or documentation of recovery from COVID-19 before boarding their flight.
*As of January 5, 2023, the U.S. requires a negative COVID-19 test result, taken within two days of departure, or proof of recovery from COVID-19 within the last 90 days, for all travelers over the age of two on flights from the People’s Republic of China, including Hong Kong and Macau. See here for more information.
For more information see this link.
Q: I am an international artist. Do I need a visa to perform at the SXSW Music Festival?
A: That depends…
If the only performances you’ll do in the U.S. are official SXSW showcases: The U.S. government has confirmed that if an artist is coming to the U.S., and the only performances they will do are official SXSW music showcases, then a B-1 visa is the appropriate visa classification1. Furthermore, if an artist is eligible to travel under the Visa Waiver Program and the artist is only performing at official SXSW showcases, ESTA is also sufficient. In the past, SXSW and many international arts organizations have recommended that if an artist has a choice between a B-1 visa and ESTA, they should choose the B-1 because it has the potential to help the artist avoid logistical problems associated with ESTA. However, given ongoing issues at many U.S. embassies and consulates around the world related to COVID-19 and other issues, obtaining a B-1 visa may not be possible in time for SXSW, in which case artists should feel reasonably confident traveling to SXSW on ESTA, provided you carry the official SXSW invitation, and (again) you are ONLY performing official SXSW showcases.
A note for Canadians: Although Canadians typically are not required to have visas to enter the U.S., they are subject to similar rules: if you are only performing at official SXSW showcases, you probably do not need to seek a special employment classification prior to entering the U.S.
If you will be doing performances in the U.S. in addition to the official SXSW showcases: If you plan to perform at other events in the U.S. in addition to your official SXSW showcases, you will likely need an O or P employment visa. Getting O or P visas is a complex and expensive process. For more information about O and P visas, please see Artists From Abroad.
A note for Canadians: Although Canadians typically are not required to have visas to enter the U.S., they are subject to similar rules: if you are performing anything other than official SXSW showcases, you probably need to seek a special employment classification prior to entering the U.S.
Q: I am an international artist. If I am only performing at official showcases at SXSW, do I have to get a B-1 visa?
A: That depends…
If you are not eligible for the Visa Waiver Program (“ESTA”) you’ll need to have a U.S. visa to enter the country. A B-1 visa is the easiest visa to get that is sufficient for performing at official SXSW showcases. (Remember: If you plan to do other performances in the U.S.—even if they are unpaid—you’ll probably need to get an O or P visa.)
If you are eligible for the Visa Waiver Program (“ESTA”), then a B-1 visa is not required. In the past, having a B-1 has been recommended because it shows the U.S. officials at passport control that your reason for travel has already been reviewed and approved by an official at a U.S. embassy or consulate, which can minimize the risk of a misunderstanding on your arrival. However, given current and ongoing capacity issues at many U.S. embassies and consulates around the world, obtaining a B-1 visa may not be possible in time for SXSW, in which artists should feel reasonably confident traveling to SXSW on ESTA, provided you carry the official SXSW invitation, and (again) you are ONLY performing official SXSW showcases.
Q: I am an international artist. May I do unpaid unofficial performances on ESTA?
A: No.
Under U.S. law, musicians almost always need employment-based visas to perform unpaid performances that are not official showcase performances. (There are very few exceptions to this rule.)
Q: I am an international artist. Will the U.S. government know if I do performances other than official SXSW showcases on ESTA?
A: They could.
They have access to public information as well as many government records, so it is unwise to assume that passport control officers will not notice if you have scheduled performances that do not conform to the ESTA requirements.
Q: As an international artist, how do I know if my scheduled performances are official?
A: Ask SXSW.
Official SXSW Music Festival Showcases and Artists will be listed on http://www.sxsw.com. If you are unsure whether an event is official or not, contact SXSW at musicfest@sxsw.com. Be sure to confirm that your name is on the official SXSW showcase list well before you travel!
Q: I am an international artist. When should I start the visa process?
A: That depends on the type of visa you’re hoping to get:
ESTA: If you are planning to travel under the Visa Waiver Program (ESTA), you should apply using the U.S. government website as soon as possible. Applying for ESTA can be completed as quickly as a few minutes, but it’s best to be prepared for a delay.
B-1: Currently it is very difficult to obtain a B-1 visa to the U.S. You should start the process immediately by checking the website of your local U.S. embassy or consulate.
O or P visa: If you are applying for an O or P visa, you must first have a petition approved by USCIS. (See here for more information.) Petition approval may take as long as 180 days. After the petition is approved, you will need to apply for a visa, and U.S. embassies and consulates around the world have very different processing times.
Q: I am a member of the music industry. Do I need an employment visa to attend SXSW?
A: Probably not.
Foreign nationals are generally allowed to attend a conference as a “visitor.”2 This means if you are eligible to enter the U.S. under the Visa Waiver Program (“ESTA”) that is sufficient. If you are not eligible to enter the U.S. under the Visa Waiver Program (“ESTA”), you will probably need a B-1 or B-2 visa.
Q: I will be presenting a panel at SXSW. Do I need a visa to attend SXSW?
A: Probably not.
Foreign nationals are generally allowed to present at professional conferences in “visitor” status, provided they receive no remuneration from a U.S. source other than that which covers reasonable expenses.3 This means that if you are eligible to enter the U.S. under the Visa Waiver Program (“ESTA”) that is sufficient. If you are not eligible to enter the U.S. under the Visa Waiver Program (“ESTA”), you will probably need a B-1 visa.
_________________________
1 See AILA/Department of State Liaison Meeting, October 19, 2017 and Matter of Hira
2 See 9 FAM 402.2-5(B)
3 See 9 FAM 402.2-5(B) and 9 FAM 402.2-5(F)(1)