Dear Colleagues, We write you with an update on recent changes at USCIS that have significantly impacted processing times. For the full story, read on, and see our TLDR summary below: TLDR version: USCIS claimed that their recent fee hikes would ensure timely and consistent processing of O and P artist visa petitions. Unfortunately, recent changes at USCIS have made it now practically impossible to predict whether or not it will be necessary to pay the $2805 Premium Processing expediting fee to ensure that a petition will be approved in time.   In the last year we have seen significant increases in the fees USCIS charges to process O and P visa petitions for touring artists—increases that we were told would help ensure efficient processing. And when USCIS announced that going forward all petitions would be filed with a service center in Texas, we were told that this would facilitate more timely and reliable adjudication. Unfortunately, it has become clear that the processing times of O and P petitions are now less consistent than at any time since the creation of the O and P visa classifications in 1990. If not addressed, the current processing policy will make it massively harder to tour international artists in the U.S. This is what has happened: USCIS has two service centers that adjudicate O and P artist visa petitions, one in Vermont and one in California. Roughly speaking, petitioners in the eastern half of the U.S. filed in Vermont, while petitioners in the western half of the U.S. filed in California. However, in December USCIS required that all petitions be filed with their Texas Service Center, and starting in May, they began to randomly divvy up all cases between the California and Vermont service centers. The impact of this change is that the processing times at both Services Centers has become wildly irregular. Vermont is processing most O and P petitions in 8-10 weeks, on average, but some are taking more than 12. Meanwhile, California is processing so slowly that we don’t even know how slowly, because every case we know of that has been filed since May is still pending or has had to be upgraded to Premium Processing (P-3 petitions are a notable exception and have been processing fairly quickly). By their own estimation, California is currently taking 5-6 months. The mind-boggling effect of this new policy is that when you file a petition it might go to Vermont and might be processed in a month or two, or it might go to California, and in all likelihood you will be forced to pay an additional $2805 to ensure processing within any reasonable timeframe. This means that when an artist is considering touring in the U.S., almost regardless of when they start the visa process, they will need to budget an extra $2805 for Premium Processing. This is effectively the most significant increase in the budget required for U.S. visas in 34 years, and a massive blow to any U.S. organization that works with international artists. At the present time, Tamizdat, in collaboration with the the League of American Orchestras and the Performing Arts Visa Working Group, has contacted USCIS in an effort to ascertain how aware they are of the scope of the problem they have created. At the same time, U.S. stakeholders and advocacy groups are evaluating strategies for effecting change, including working through congressional offices, supportive agencies, and legal action. We have nothing positive to report at the present time, but we will keep you posted as we make plans for combating these new, devastating barriers to international artist mobility to the U.S. Matthew Covey Executive Director Pronouns: he/him/his [Go to article...]

Last February, we shared with you our brief explainer about the recent USCIS Fee Changes, in which we outlined the important points of the new rule and what it means for international artists and their U.S. collaborators, employers, presenters and promoters. While any fee increase is a blow to our field, we’re happy to report some positive outcomes from our intensive advocacy work of this past year. Here’s what happened:   When USCIS first announced its proposed fee increase in January of  2023, the new fees were so extreme that they risked making touring in the U.S. impossible for many foreign artists. International performers and their U.S. presenters already face visa fees and processes that many artists consider significant obstacles to U.S. touring; the proposed fee hike presented a major new barrier. Tamizdat, whose mission is to support international artist mobility, immediately joined with our advocacy partners, the League of American Orchestras, to organized a major grass-roots response. When the government makes a major policy proposal, it is required to seek “advice and comment” from the public. So for two months last spring, we worked with the League of American Orchestras and the Performing Arts Visa Working Group to produce collective comments on behalf of the performing arts sector. In these comments we argued that the proposed fee changes would be devastating to the cultural and commercial interests of the performing arts sector, and that the Government needed to find a way to avoid unduly burdening a sector still struggling to recover from the ravages of the COVID-19 pandemic. After our collective response was submitted, along with thousands of other comments, the U.S. government decided to delay making a decision on the fee hike for almost a year. A Historic Interagency Meeting   Later in 2023, we worked together with colleagues at the League of American Orchestras to assemble a historic summit about problems with the U.S. artist visa system. The meeting brought together top officials from The Department of Homeland Security’s Office of Partnership and Engagement, U.S. Citizenship and Immigration Services (USCIS), U.S. Customs and Border Protection (CBP), and Department of State (DOS), who met with major stakeholders in the U.S. performing arts sector and leadership from the National Endowment for the Arts. At this meeting, stakeholders brought to the government’s attention the most significant cultural and commercial barriers the U.S. artist visa process creates, and engaged top brass in a very productive and candid conversation about pathways to reform.  The solutions discussed at the meeting came from Tamizdat’s annual white paper, Recommendations for Performing Arts Visa Policy. This paper offers practical solutions to current issues in the U.S. artist visa process, identified by a coalition of performing arts organizations. The meeting was broadly successful, and has fostered an unprecedented ongoing cross-agency conversation between stakeholders in the arts and key U.S. government decision makers. We are more hopeful than ever before that this engagement will lead to real reform. The Final Fee Increase and Our Impact   In January 2024, the final fee schedule was released. There wasn’t a special exception for artists, but the final fee change did carve out exceptions that protect the most vulnerable in the cultural sector. In this new fee schedule, there are now substantial discounts for the fees charged to artists working with U.S. nonprofit organizations, and artists working with small U.S. businesses.  For example, for P visa applications for an ensemble, if  the petitioner is a nonprofit, the new fee increases by only $50.00, in contrast to the originally proposed 251% increase that would have increased the fees from $460 to $1,615.00. Throughout the text of the government’s new rule, we were pleased to see the clear impact of our work, including direct quotes of our own language. For example, in the Preamble to the Fee Schedule, USCIS consistently acknowledges and refers to our collective comments, including to the statement that, “The unique nature of scheduling international guest artists requires that the visa process be efficient, affordable, and reliable so that U.S. audiences may experience artistic and cultural events.” Phrases and concepts that we’ve advanced in the national conversation, as well as in our specific 2023 advocacy, appeared multiple times in the text. The document refers to the arts, entertainment, and sports industries as “vitally important and beneficial,” stressing that DHS does not “intend to deter or unduly burden petitioners,” and directly refers to our comments when describing the carveout for the nonprofits and small organizations that make up so much of our field. The government also directly acknowledged our recommendations for improving O and P visa processing in the Preamble, stating they appreciate the suggestions and may implement them through future actions. Looking Ahead Throughout our 30 years of research, advocacy, and work, and services in the international performing arts in the United States, we have never before seen these critical considerations take on such a significant role in the national conversation. In the past year, we have broken new ground in building collaborative relationships amongst various arts stakeholders and organizations, and the U.S. government, to address the hurdles that have overburdened the performing arts industry for too long. We’re thrilled to see where we can bring that national conversation in 2024 and beyond. Looking back, 2023 was a landmark year for Tamizdat. In addition to our advocacy work, Tamizdat petitioned for over 3,800 performing artists in 2023 and presented educational sessions at more than 25 international cultural conferences. As we move into spring of 2024, we’re feeling the optimism in our commitment to international artist mobility. Sincerely, Liz Moller, Matthew Covey & the Tamizdat Team [Go to article...]

On May 29th, Tamizdat submitted our public comment to the Department of State on their proposal to extend the use of the form DS-5535, first introduced under former president Trump’s “extreme vetting” program. In the attached short public comment letter we object to the use of the form DS-5535 in its entirety. As some background, the question of when an interviewing consular officer should issue the DS-5535 to a visa applicant is at the officer’s discretion, and the practice is prone to discriminatory abuse; the form is predominantly used by non-immigrant visa units at U.S. consulates in Africa and the Middle East, where its use rarely correlates to legitimate security concerns. When the DS-5535 form is required, the processing time of a visa application often increases from approximately one week to more than six months, which has led to processing delays that have impacted, canceled, or delayed tours for numerous world-renowned artists. Additionally, the questions requiring applicants to provide all social media handles, phone numbers, and email addresses used during the last five years chill free speech, and the government has not provided any evidence of how it is using this information or how this information protects national security interests. [Go to article...]

Last year’s prestigious Salzburg Seminar session ‘On the Front Line: Artists at Risk, Artists Who Risk’ saw more than fifty artists, activists and representatives—including Tamizdat’s Matthew Covey and Artistic Freedom Initiative’s Ashley Tucker—from forty countries create the Salzburg Statement on Supporting Artists on the Front Line. In the face of existential disruptions and risks, artists often find themselves on the front lines of movements for change, using their power and practice to envision better futures, stimulate collective action, and drive change across sectors and scales. Unfortunately, as agents of change, artists can become subject to a myriad of threats, such as harassment, censorship, or physical and psychological harm. The Salzburg Statement on Supporting Artists on the Front Line: Defines “artists at risk” and their critical importance in cultural exchange; Encourages institutions to facilitate artists at risk and, in doing so, support basic human rights; Urges institutions to address bias that leads to prioritization of the most advantaged or historically dominant populations; and Calls for solidarity with artists at risk for the benefit of a diverse global cultural sector. To read the full Statement, which includes a call to action by the end of 2025 to policymakers, funders, organizations, and networks, please click here. [Go to article...]

Many will remember that the government proposed significant visa filing fee hikes in January 2023. After considerable international outcry—especially from the performing arts sector—the hikes were successfully stalled… until now. Last week the U.S. government released its final ruling, announcing changes to the filing fees for many visa petitions that will take place on April 1.  The new rules are complex, and the changes vary from slight reductions to very significant increases. A complete explanation can be found here, but this post summarizes the main points relevant to the international performing arts sector. Any fee increase is a blow, but the changes announced this week reflect some substantial wins for the arts, nonprofits, and small businesses—the result of successful grassroots efforts to limit costs for particularly vulnerable clients in the cultural sector. The fee hike will have a comparatively small impact on most clients whose petitioners are small businesses and nonprofits (like Tamizdat).    The primary changes for performing artists are… For O and P visa petitions, the old fee was $460 per petition. For P visa petitions where the petitioner is a nonprofit (including petitions filed by Tamizdat), the new fee is $50 more—$510. For P visa petitions where the petitioner is a small business (25 or fewer full-time employees), the new fee is $350 more—$810, which includes a $300 fee to subsidize asylum cases. For other P visa petitions the new fee is $1615, which includes a $600 fee to subsidize asylum cases.  For O visa petitions where the petitioner is a nonprofit (including petitions filed by Tamizdat), the new fee is $70 more—$530. For O visa petitions where the petitioner is a small business (25 or fewer full-time employees), the new fee is $370 more—$830, which includes a $300 fee to subsidize asylum cases. For other O visa petitions, the new fee is $1655, which includes a $600 fee to subsidize asylum cases.  The new regulations limit the number of beneficiaries that can be included on a single petition to 25. This 25-beneficiary cap applies to all O and P petitions, and will very significantly increase the costs for large ensembles that use P or O-2 visas, like orchestras and theater and dance companies.  There are also changes to USCIS’s Premium Processing time frame and fees. The guaranteed time frame for USCIS’s optional Premium Processing expedited service will increase from 15 calendar days to 15 business days. And it should be noted that per a prior announcement, on February 26 the Premium Processing fee will increase from $2500 to $2805.  If you have any questions, please contact info@tamizdat.org. [Go to article...]

Much of the international music industry is gearing up once again for SXSW, and as usual, 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: As of May 12, 2023, noncitizen nonimmigrant visitors to the U.S. arriving by air or arriving by land or sea no longer need to show proof of being fully vaccinated against COVID-19.  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  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 other 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 can be 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) [Go to article...]

As some of you know, as of October 1, 2023 there has been a change in filing location for the Form I-129 petitions for O and P visa applications. These petitions should now be mailed to USCIS’ Texas Service Center (TSC), rather than to the California Service Center (CSC) or the Vermont Service Center (VSC). The new TSC mailing address is listed on the USCIS website here, in the sections for Os and Ps. We’ve gotten some questions about whether processing times have been slower or there have been other problems resulting from this mailing address change. In fact, what we have been seeing and hearing to date is that although TSC is doing the initial intake of the O and P petitions, the petitions are then being transferred to VSC or CSC for processing. In good news, generally speaking the processing is happening smoothly, with fast processing times for regularly-filed cases. That said, we’ve gotten a few reports of USCIS delays or USCIS neglecting to send receipt notices since the filing address changed.  [Go to article...]

We are very excited to share our update on important U.S. Artist Mobility Advocacy Update in October 2023. On October 11th, a historic meeting took place that moved forward the effort to reform U.S. immigration policy regarding international performing artists. The interdepartmental meeting was convened as a listening session for the Performing Artist Visa Working Group (PAVWG), an ad hoc coalition of many major U.S. performing arts stakeholders. The session was organized by the League of American Orchestras and Tamizdat, working in collaboration with the Office of Partnership, and Engagement (OPE) at Department Homeland Security (DHS). It brought together key staff from DHS’s Office of Partnership and Engagement, U.S. Citizenship and Immigration Services (USCIS), U.S. Customs and Border Protection (CBP), and Department of State (DOS). Amongst stakeholders speaking on the call were The American Federation of Musicians, Carnegie Hall, Marauder, Folk Alliance International, and WESTAF. Representatives from the National Endowment for the Arts were also present at the meeting, in a listening capacity.  The purpose of the call was to allow the performing arts sector to articulate the challenges it faces when working with international artists, to identify priority issues that span across government agencies, and to suggest workable solutions to those problems. Solutions recommended included both requests for immediate relief and long term policy reform. Recommendations were based on Tamizdat’s most current Recommendations for Performing Arts Visa Policy. Additionally, the PAVWG expressed its continued interest in partnering with the government agencies in distributing information to our many arts stakeholder members and the broader public via our organizations’ networks and the Artists from Abroad website maintained by the League of American Orchestras.  We are pleased to report that the meeting was extraordinarily productive. The government agency representatives were well prepared for the call, had clearly read and discussed the recommendations in advance, expressed a broad understanding of the economic, cultural, and social impact of the current policies, and voiced a willingness to pursue cooperation with the sector toward specific reforms. Recommendations were discussed in detail, and in the four weeks that followed the meeting, we have already seen significantly increased communication and engagement with our sector toward real actionable solutions.  [Go to article...]

It appears that our voices were heard. Last January, U.S. Citizenship and Immigration Services (USCIS) announced a proposal to significantly increase fees, an increase that would massively impact touring performing artists. The proposal was met with massive international and domestic response and advocacy, and since that time, the cultural sector has been waiting for USCIS to respond to the thousands of comments submitted by the cultural sector. Yesterday, Department of Homeland Security (DHS) shared in its spring regulatory agenda that a final rulemaking will not occur until March 2024. The League of American Orchestras reports: “USCIS is continuing to consider public feedback submitted in response to the proposal, which included numerous comments from the arts sector, opposing proposals that would more than triple the current artist visa filing fee, cap the number of beneficiaries for group petitions, and lengthen the time USCIS has to respond to petitions filed via Premium Processing Service. An announcement of final rules in March 2024 would set new fee levels that could differ from the proposed fees, confirm any policy changes, and also set a date by which any changes would take effect.”   [Go to article...]

U.S. Department of State (DOS) has announced it is raising the consular processing fee for O and P visa applications from $190 to $205. The final rule and fee increase will go into effect on May 30, 2023. You may recall that when the government first announced its proposal to raise consular fees to $310 over a year ago, Tamizdat in collaboration with the Performing Arts Visa Working Group publicly commented on and objected to the proposal, resulting in a much lower increase than originally proposed. More detail from Artists From Abroad: The U.S. Department of State has published a final rule confirming fee changes that will go into effect May 30, 2023 for consular services such as the applying for and receiving nonimmigrant visas. This fee and process is not to be confused with the USCIS fee schedule proposal that is currently under review (that proposal includes steep increases for filing the Form I-129 to seek approval for O, P, and other visa classifications). Visa processing comprises multiple steps, beginning with USCIS approval, then consular processing abroad for everyone except Canadian citizens, and ending with arrival in the U.S. and passing through Customs. Consular processing follows the successful procurement of an approval notice from USCIS. Initially, the State Department had proposed a steeper increase for this fee but after receiving public comment and reviewing application projections, decided to impose smaller increases. For O and P visas, the cost of consular processing will go from $190 to $205. In February 2022, many U.S. arts organizations filed joint comments to raise concern about what would have been a 63% increase in consular processing. The final rule reflects adjustment due to a revised projection that anticipates greater demand for nonimmigrant visas. For O and P visa applicants, international guest artists will experience a 7.9% increase over the current fee. In its issuance of the final rule, the Department acknowledged hearing from commenters about concern over persistent consular delays and has stated its intention to focus on “reducing wait times for all consular services at our embassies and consulates overseas while also protecting the health and safety of our staff and applicants when they come to embassy or consular premises.” [Go to article...]

Update on the Proposed Fee increase for US Artist Visas In the past couple of weeks, there has been a lot of press coverage of USCIS’s proposed fee increases as of 1/4/2023. We write today to talk about the proposal – which has extended its public comment period through 3/13/2023  – what it means to the arts, what is being done to resist its approval, and what you can do to help the effort.  What is the proposal? The government has proposed the following changes: The USCIS filing fee for P petitions would increase by 251% (from $460 to $1,615) and by 260% (from $460 to $1,655) for O petitions. These increases would each include a $600 surcharge to fund asylum processing. The Premium Processing Service’s guaranteed processing time would change from 15 calendar days to 15 business days. The total number of individuals on a single petition, including O-2 and P arts petitions, would be capped at 25 beneficiaries. This would require multiple petitions for larger ensembles, such as orchestras or ballet companies. What does it mean to the performing arts? There is an enormous amount of concern about this proposal. And it is incredibly unfair (and arguably unlawful!1) that the arts community is being asked to foot the bill for increased bureaucracy, when this perpetually increasingly-bureaucratic process is already unfathomably burdensome (and, again, arguably unlawful!2). Lengthening the Premium Processing time means degrading a service that recently saw a 74% fee increase3. And the 25 person cap for O-2 and P petitions massively increases the all-in cost for large ensembles, while multiplying the risk of administrative errors. All that said, it may be worth taking a moment to dispel some misunderstandings about what this fee increase actually is: This proposal has not yet been approved: The last time USCIS tried this, in 2019, they were blocked by a court order4. This time their proposal is also potentially legally problematic, so there is a good chance that with sufficient advocacy, this will never happen. So don’t despair; take action! What kind of action? See below! The proposal will increase the government’s filing fee, but that was not—and will not—be the most expensive part of this process. When you read a headline that says “Foreign Musicians Would Pay 250% More For Touring Visas,” this is wildly inaccurate. For most touring artists, the exorbitant cost of obtaining a US work visa does not come from the filing fee: the high ticket items are attorney fees and the government’s expediting fee (“Premium Processing”) for processing an urgent petition quickly. Neither of these costs would be impacted by the proposed fee increase. So if you’re used to paying—all in—$5,000 for P-1 visas for your band or company, a $1,155 increase is bad, but it’s not necessarily a reason to give up on US touring. What is being done? There are numerous grassroots efforts forming to express concern about the impact the proposed changes will have on the live arts sector. Here at Tamizdat and CoveyLaw, we are coordinating advocacy efforts with our colleagues in the Performing Artist Visa Working Group or PAVWG5 to: use official channels to submit the most vociferous stakeholder response possible to the proposal, muster all available contacts in Washington D.C. to articulate the impact this bad idea will have on our already beleaguered sector, and prepare a legal response, should the government decide to implement the changes. Because USCIS is currently soliciting comments from stakeholders, our current focus is to work together to submit the most compelling arguments against the changes, and ensure that the broadest swath of the domestic and international arts organizations voice their concerns. What can you do? Right now, there are two things you can do: You can submit your public comment online through the Federal Register by the new extended deadline of March 13, 2023. To do so, go to the Federal Register portal and click on the green “Submit a Formal Comment” tab in the upper righthand corner to begin your public comment. Among other things, you could write about how this proposed rate increase would impact you financially, if you are a presenter or agent, and/or artistically, if you are an artist who creatively relies on collaborating with foreign artists. There is also the danger of, as Kyp Malone puts it, “The siloing of culture and the fear inspired retreat to the familiar [being] the opposite of what is needed at this precarious moment. We need to be welcoming voices from around the world right now.” Please feel free to use the contents of this email in your comment. If you are in the U.S., we also recommend that you forward a copy of your comments to your U.S. senators and representatives in Washington D.C. Please get involved with the grassroots efforts, but also please let us know you are concerned so we can keep you up to date, and enlist your help when it is needed. Join the fight! We look forward to hearing from you! All the best, Matthew Covey Executive Director, Tamizdat Partner, CoveyLaw Footnotes!  1 Immigration Legal Resource Center et al., v. Wolf, et al., N.D. Cal., No. 4:20-cv-05883 (2020), in which the court, in enjoining USCIS’s proposed 2019 fee increase rule, discussed the proposed rule’s possible substantive violations of the Administrative Procedure Act. 2 USCIS has historically failed to routinely process I-129 petitions within the statutorily required 14-day limit (see Section 214(c)(6)(D) of the Immigration and Nationality Act). 3 On October 19, 2020, USCIS increased the Premium Processing fee for P and O petition from $1,440 to $2,500. 4 Immigration Legal Resource Center et al., v. Wolf, et al., N.D. Cal., No. 4:20-cv-05883 (2020). 5 The PAVWG is a long-standing ad hoc coalition of the US’s major performing arts service organizations, including Tamizdat, the League of American Orchestras, the Association of Performing Arts Professionals (APAP), Carnegie Hall, Dance/USA, Folk Alliance International, GG Arts Law, NAPAMA, National Independent Talent Organization, National Independent Venue Association (NIVA), OPERA America, Performing Arts Alliance, the Recording Academy, Theatre Communications Group, and Western Arts Alliance. [Go to article...]

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)   [Go to article...]

After two years online, SXSW is scheduled to finally 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: Do I need to be fully vaccinated to travel to the U.S.? A: At the present time yes, with very few exceptions. For more information see this link. Q: Do I need to take a COVID test before I travel to the U.S.? A: At the present time yes, with very few exceptions. 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)   [Go to article...]

On December 23, 2021, the U.S. Department of State announced an immediate expansion of its policy permitting U.S. consulates to waive in-person interviews for some visa applicants. When granted, the waiver allows qualified visa applicants to apply for their visa by mailing in their passport instead of appearing in person for an interview after the visa petition has been approved by USCIS. Individuals seeking H-1, H-3, H-4, L, O, P, and Q visas MIGHT be eligible for this interview waiver under the following conditions: The individual’s I-129 visa petition has already been approved by USCIS at the time they submit their passport to a consulate; The individual… has been issued a U.S. visa, in any visa category, at any time in the past, OR  has traveled to the U.S. at least once before under ESTA (Electronic System for Travel Authorization); The individual is applying in their “country of nationality or residence”; AND  The individual has not been refused a visa in the past (unless such refusal was overcome or waived, and it is assumed that current waiver applicants will not have “apparent ineligibility or potential ineligibility.”) This announcement is potentially very good news because it gives consular posts new discretion to waive the in-person interview requirement and allow applicants to mail in their documents for visa issuance. However, there is still a lot that we do not know about how this will actually work: We don’t yet know how often consulates will choose to allow the mail-in option. Early indications suggest that some may be reluctant.  We don’t know how long consulates will take to process visas with this mail-in option. Early indications suggest that the processing time at some consulates may be as much as a month.  We don’t yet know how this will be implemented. So far it does not appear that an applicant can request a waiver of the visa interview; rather applicants must go through the normal procedure of scheduling interviews, and will subsequently be told (either by the online scheduling system or by direct email from the consulate) if the interview requirement has been waived and the applicant permitted to mail in their passport and documents for visa process. Until we know more about how this will work in practice, individuals should assume that they will need an in-person interview; if the interview is waived and the visa is processed in a timely fashion, consider yourself fortunate! [Go to article...]

Effective midnight on Dec. 31, The Biden/Harris administration reversed restrictions imposed in November to combat the spread of the Omicron variant, banning air travel from South Africa, Botswana, Zimbabwe, Namibia, Lesotho, Eswatini, Mozambique and Malawi. The restriction suspended entry into the U.S. for individuals who were physically present in the eight named countries during the 14-day period preceding attempted entry into the U.S. The region’s leaders had denounced the ban as unfair, discriminatory and unnecessary. Like previous COVID-19 travel bans, the restrictions did not apply to U.S. citizens, lawful permanent residents, certain immediate family members of U.S. citizens or lawful permanent residents, and non-citizens who are members of the U.S. Armed Forces. Non-citizens whose entry would be “in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their designees” were also exempt from this travel ban, though protocols for establishing this exception were never promulgated.   [Go to article...]

Effective November 29, 2021, the Biden Administration has announced a new travel ban restricting air travel from South Africa, Botswana, Zimbabwe, Namibia, Lesotho, Eswatini, Mozambique and Malawi. In announcing the omicron variant, the World Health Organization has labeled it a “variant of concern.” The restriction suspends entry into the US for all individuals who were physically present in the eight named countries during the 14-day period preceding attempted entry into the United States. The restrictions do not apply to American citizens, lawful permanent residents, certain immediate family members of U.S. citizens or lawful permanent residents, and noncitizens who are members of the U.S. Armed Forces. Noncitizens whose entry would be “in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their designees” are also exempt from this travel ban. National Interest Exceptions (“NIEs”) that were approved by the U.S. Department of State for travel to the U.S. during prior COVID-related travel restrictions are void, and travelers seeking entry notwithstanding the ban will need to seek a new exception from a US consulate or embassy. [Go to article...]

The Biden/Harris administration announced this morning that it will ease travel restrictions to the U.S. in “early November;” no specific date has been announced yet. The new rules will allow vaccinated foreign nationals to travel, provided they can show proof of being fully vaccinated, take a pre-departure Covid-19 test within three days of their flight, and show proof of a negative result before boarding. This forthcoming policy will likely replace the current need for National Interest Exceptions (NIEs) for most fully vaccinated travelers from the UK, Ireland, Schengen Area, China, Brazil, Iran, South Africa, and India.  However, we are not yet out of the woods: We don’t know yet which vaccines will be accepted. It is likely that only people with the full series of CDC-approved vaccines will be allowed to travel freely to the U.S.: Moderna (two doses), Pfizer-BioNTech (two doses), and Johnson & Johnson / Janssen (one dose). It is unclear what will be required of the millions of people who have received AstraZeneca and other vaccines, or have only received a partial dose.   U.S. consulates will continue to struggle with delays. U.S. consulates and embassies around the world continue to function at reduced capacities due to staff shortages and the crisis in Afghanistan. Many consulates are not scheduling regular visa interviews until spring 2022, so while clients may be able to schedule expedited appointments, they should anticipate visa interview delays of as much as three months.  U.S. consulates may continue to enforce the “Extreme Vetting” DS-5535 form. Created by the prior administration, the “extreme vetting” protocols have not been rescinded by the new administration and continue to be applied in arbitrary fashion, primarily against individuals from the Global South. Clients who fit within its profile demographic—young, male, from the Global South—should anticipate significant delays of as much as two months in the issuing of visas.  O and P petition processing may experience significant delays. While the elimination of the travel bans is great news for the performing arts as many more international artists will now be able to begin touring again in the U.S., and the petition part of the U.S. visa process has been largely unaffected by the COVID crisis, it is very likely that the current 1-2 month processing time may increase significantly as demand for O and P visas increases in coming months. It is also important to remember that the Premium Processing fee for expedited processing was increased from $1440 to $2500, which makes it all the more important to file petitions early.  [published September 20, 2021] [Go to article...]

  After more than a year of canceled, postponed, or reimagined performances, U.S. arts organizations, presenters, and agents have resumed programming and planning for the 2021-22 season, only to find the U.S. is not quite ready to open our borders for all international artists. In this free 75-minute webinar, experts from Tamizdat and the hosts of ArtistsfromAbroad.org – the Association of Performing Arts Professionals and the League of American Orchestras – describe what it takes to secure U.S. artist visas and navigate COVID-19 travel restrictions right now. We also cover what the current and long-term policy environment means for seeking more equitable opportunities to support international cultural activity. Originally recorded September 9, 2021 [Go to article...]

For once, we have good news! You may recall that in early 2019, the previous administration announced two deeply anti-artist visa rule changes: They cancelled the “traditional expedite,” a service that (occasionally) allowed nonprofit organizations to seek expedited processing of O and P visa petitions without having to pay the $2500 “Premium Processing” fee, and They announced that USCIS would no longer be obliged to issue a “Request for Evidence” prior to the denial of a petition, even in situations of good faith clerical errors. For the last two years, Tamizdat, in collaboration with the League of American Orchestras and other stakeholders in the arts, has worked to roll back these changes. As of Wednesday, we are pleased to announce that we were successful: U.S. Citizenship and Immigration Services (USCIS) announced policy changes that, effectively immediately: Enact new traditional expedite criteria that restores the ability for a nonprofit organization whose request is “in furtherance of the cultural and social interests of the United States” to request discretionary expedited service, even when premium processing is available, and Ensure that petitioners submitting a visa application are given an opportunity to correct innocent mistakes and unintentional omissions before an application is denied. New guidance issued to USCIS petition reviewers emphasizes that visa officers should only issue requests for additional evidence and denials when absolutely necessary. This is a huge victory for the arts. Tamizdat continues to pursue a wide platform of reforms to the U.S. artist visa process, while playing a critical role in keeping the international arts community informed and educated about artist mobility issues. For up-to-date information about U.S. artist visas, see Tamizdat’s website, or Artists from Abroad. For pro bono legal assistance with U.S. artist visa issues, contact TamizdatAVAIL. If you wish to support our ongoing effort, please feel free to make a tax-deductible donation here. [Go to article...]

We, the below-signed U.S. arts organizations, submit the following in response to the Call for Public Comment on the National Endowment for the Arts Strategic Plan FY 2022-2026:  In redrafting its mission and vision statements, we strongly recommend that the NEA use its resources to ensure that all Americans have access to the depth and breadth of our world’s culture.  Our nation’s already profound struggle with racism and xenophobia has been compounded over the last few years by the physical isolation of the United States due to the prior administration’s policies and the COVID-19 crisis. As the live arts sector rebuilds and increasingly turns its focus to address issues of inequity in our society, we encourage the NEA to incorporate core values related to international cultural exchange.  We recommend the following strategic goals and objectives:  Prioritize interagency cooperation and public engagement in support of initiatives to improve artist mobility to the U.S.: U.S. Department of State, U.S. Citizenship and Immigration Services, the Internal Revenue Service, the U.S. Department of Commerce, and the National Endowment for the Arts all play critical roles in policies that impact foreign artists coming to the U.S. We recommend that the NEA create a platform for an ongoing interagency conversation supporting international artist mobility between the relevant government agencies and the performing arts community. Prioritize funding for programs that promote or support international cultural exchange: As post-pandemic rebuilding of the live arts sector begins, issues of diversity, equity, inclusion, accessibility, and social justice are paramount, particularly in view of recent racist and isolationist policies and events. International cultural exchange plays a crucial role at the community level in building empathy and appreciation of diversity, and contributes to increased awareness regarding antiracism and xenophobia.  We recommend that the NEA prioritize grants to presenters and programs supporting artists from abroad. Support efforts to make the U.S. artist visa process more equitable, transparent, affordable, and reliable, without negatively impacting the interests of U.S. security or labor. Tamizdat’s White Paper on Artist Mobility to the United States and proposals for artist visa reform provide detailed, pragmatic measures that, if enacted, would substantially improve the U.S. artist visa process. We recommend that the NEA support these measures to make the U.S. more welcoming and hospitable to international artists.  Reinstate NEA grants to support individual artists’ projects, and prioritize those that feature collaboration with international artists. When the NEA ended its direct patronage to American artists, our nation stopped supporting and valuing  its most visionary practitioners and advocates for visionary art. It is high time that the NEA reclaim this critical role, and when it does it should recognize that collaboration between individual U.S. artists and international artists is necessary in order to reestablish a culture of diversity and inclusion in the U.S. and to rebuild a healthy and progressive society that values empathy and the equal importance of everyone’s stories. We recommend that the NEA prioritize supporting individual artists whose work builds connections between American culture and cultures around the world.   Signed: APAP/Association of Performing Arts Professionals, Washington, DC Arab American National Museum, Dearborn, MI Arts Midwest, Minneapolis, MN CEC ArtsLink, Brooklyn, NY Center for Music Ecosystems, Huntsville, AL China Residencies, Brooklyn, NY Dan McDaniel Management, Lyons, IL Dance Managers Collective, New York, NY Elsie Management, Brooklyn, NY Folk Alliance International, Kansas City, MO Illinois Presenters Network, Glen Ellyn, IL KMP Artists, Houston, TX Kristopher McDowell Productions, Chicago, IL Lisa Booth Management, Inc., New York, NY Martinez Arts Consulting, ALC, Pleasant Hill, CA McKnight Fellowship Program for Dancers and Choreographers, Minneapolis, MN NAPAMA/Association of North American Performing Agents and Managers, New York, NY New England Foundation for the Arts, Boston, MA New Music USA, New York, NY New York City Center, New York, NY NHWWC, LLC, Houston, TX PEN America – Artists at Risk Connection, New York, NY Portland Institute for Contemporary Art/PICA, Portland, OR Rhizome Arts Consulting, Tacoma, WA Sound Diplomacy, Inc., New Orleans, LA  The Society for the Preservation and Advancement of the Harmonica/SPAH, Dallas, TX Tamizdat, Brooklyn, New York Union of Musicians and Allied Workers, Chicago, IL Wisconsin Union Theater, Madison, WI To view and download a PDF of this response, click here: Performing Arts Community Emphasizes International Cultural Exchange in response to the NEA’s Call for Public Comment on its Strategic Plan [Go to article...]

Trump-era public charge rule no longer in effect, and foreign nationals in legal status in the U.S. may now make use of certain public assistance programs, including SNAP (“food stamps”) and Medicaid, without fear of negative immigration repercussions. On March 9, 2021, DHS Secretary Alejandro N. Mayorkas announced that the government will no longer defend the 2019 public charge rule. “The 2019 public charge rule was not in keeping with our nation’s values. It penalized those who access health benefits and other government services available to them,” said DHS Secretary Mayorkas. As a result of the government’s decision and actions to cease defending the Trump era public charge rule in the court system, the government’s 1999 interim field guidance on public charge admissibility is currently in effect. Effective immediately, foreign nationals in legal status in the U.S. may make use of certain public assistance programs, including SNAP (“food stamps”) and Medicaid, without fear that they are putting their immigration status at risk. However, receiving cash benefits for income maintenance (like welfare) is still a public charge risk. How does this affect me if I am in the U.S.? If you are in the U.S. and you file an application with USCIS, use of non-cash public benefits should not negatively affect your case. How does this affect me if I am outside the U.S.? If you are outside the U.S. and are looking to get a visa issued by an embassy or consulate, the use of non-cash public benefits should not negatively impact you. Keep in mind, however, that visa services are currently suspended at most U.S. embassies and consulates throughout the world, and pandemic-related travel restrictions remain in place; see our COVID-19 FAQ for more information. IMPORTANT: About Unemployment Benefits: Despite this announcement, it remains risky for individuals on temporary work visas (like O-1s) to enroll for unemployment benefits while maintaining their work authorized status. [Go to article...]

Good news! (Go figure!) Two years ago, the IRS made a new rule, the impact of which was to hugely increase the effective tax withholding on low earning and independent foreign performing artists. After two years of advocacy by Tamizdat, The League of American Orchestras, and CWA Management, with support from the NEA, the IRS suspended the rule on January 4, 2021: Now foreign performers do not need to make a minimum $10,000 to be eligible for a Central Withholding Agreement. They say this is a “temporary” waiver. It’s all very mysterious. For more info see post on IRS website here [Go to article...]

It’s been a dizzying few months in the world of U.S. immigration. The latest whiplash-inducing event occurred last Tuesday night when a court blocked USCIS’s planned fee increases and other unwelcome changes, about which we notified you earlier. This is good news, but it may be temporary. USCIS was set to raise the filing fees for most visa petitions and applications, impose additional costs for groups larger than 25, and increase the processing time for its Premium Processing expediting service starting October 2. However, on September 29th a federal court issued a ruling that prevents USCIS from implementing these changes for now. The government will almost certainly appeal, but it’s difficult to predict when that will happen or how it will play out. If the government prevails, the fee increases and other changes could take effect at any time. We will keep you updated. [Go to article...]

What Artists Need to Know About the Status of the New Public Charge Rules & Unemployment Benefits/Maintenance of Visa Status 1.5 NOTE: This advisory, dated September 16, 2020, supersedes all prior “public charge” advisories from Tamizdat.    On February 24, 2020, the U.S. Department of Homeland Security’s Citizenship and Immigration Services (USCIS) and the U.S. Department of State (DOS) put new rules into effect that expand the U.S. government’s power to deny visa petitions and applications of some foreign nationals whom they think are likely to become reliant on public benefits in the U.S. Since then, there has been a lot of confusing back-and-forth in the federal courts over whether or not the government could implement these rules. A new court ruling on September 11, 2020, confirmed that USCIS can implement the new rule, while DOS cannot (for now), creating a very confusing situation for foreign nationals who are in the U.S., or hoping to come to the U.S. This will take a bit of explaining…   How is the government implementing this rule? USCIS can (and almost certainly will) resume requiring many visa applicants to answer additional questions about their past use of certain public benefits in the U.S. on certain visa petition forms, including the Form I-129, which is used to request O and P performing artist visa classifications (among others). As of now, USCIS has not yet resumed requiring this information, but it can do so at any time. The new questions at the USCIS petition stage will only be required of individuals who are: in the U.S. and extending their stay; in the U.S. and changing from one visa status to another; or in the U.S. and seeking permanent residence (green card). Meanwhile, thanks to a federal court ruling, DOS (meaning the U.S. embassies and consulates around the world) cannot implement the new rule—for now, anyway. If you are outside the U.S. and are looking to get a visa issued by an embassy or consulate, it is unlikely that the use of non-cash public benefits will negatively impact you. However, consular officers have a huge amount of discretion, so at the present time we cannot know with 100 percent certainty that there will be no impact on your visa application.   How will USCIS’s implementation impact people? Foreign individuals in the U.S. who seek to extend their status, change status, or become a permanent resident will need to answer new questions that disclose whether they have used any of several specific federal, state, local, or tribal public benefit programs in the three years prior to the filing of their petition. USCIS will evaluate the individual’s disclosure to determine if the individual has used too many disqualifying benefits. If the individual has, their benefit use might count against them, and USCIS might deny the extension, change of status, or application for permanent residency. The petition might still be approved for visa processing abroad, which would require the foreign national to depart the U.S. in order for DOS to make a decision on their admissibility.   Would seeking unemployment benefits put me at risk under the new “public charge” rule? On the petition side, unemployment benefits do not count under the USCIS test, so receipt of these should not affect change of status, extension of stay, or future green card petitions in terms of USCIS’s assessment of whether individuals filing these types of petitions are likely to become reliant on public benefits. However, accepting unemployment benefits carries other potential risks; see our FAQ on unemployment benefits for O and P visas holders for more information. On the consular side, unemployment benefits are not generally considered by officers in screening for public charge concerns; however, they may be in terms of general visa eligibility, meaning that prior use of unemployment benefits still may put the applicant at risk of being denied a visa.     In the context of the COVID-19 pandemic, what do I need to know about how seeking healthcare in the U.S. might put me at risk under the new “public charge” rule? USCIS has stated that medical treatment or preventive services “will not negatively affect any [foreign national] as part of a future Public Charge analysis.” DOS has not yet addressed whether COVID-19 treatment or services might be taken into consideration as part of its public charge analysis.   How many benefits is “too many”? On change of status, extension of stay, and green card petitions, USCIS calculates the number of months that an individual received disqualifying benefits. They do this by assigning one “point” for each month the individual used a particular benefit. If an individual has accrued twelve points in the three years prior to filing the petition, potential grounds for inadmissibility are triggered. So, if an individual uses three benefits every month for four months they will accrue twelve “points.” It’s important to note, however, that the use of these certain benefits only counts against the individual as of February 24, 2020*, so if a person started using one benefit even in 2018, they could continue to use it through January 2021 without triggering the inadmissibility. If, however, a person is using six different benefits, they would trigger the inadmissibility in two months. *This date may change depending on how USCIS decides to eventually implement the rule.   Who is exempt from this new rule? Fortunately, many individuals who are particularly vulnerable are exempt from this rule. These include: S. Citizens; Asylees/Refugees; T & U nonimmigrants/applicants & VAWA self-petitioners; Afghans and Iraqis with special immigrant visas; Special immigrant juveniles; and Anyone to whom the Department of Homeland Security has granted a Public Charge waiver.   Which are the “disqualifying benefits” that can count against a person? Any federal, state, or local cash assistance for income maintenance; Supplemental Security Income (SSI); Temporary Assistance for Needy Families (TANF); General Assistance (GA); Supplemental Nutrition Assistance Program (SNAP/food stamps); Section 8 Housing Assistance under the Housing Choice Voucher Program; Section 8 Housing Project-Based Rental Assistance (including Moderate Rehabilitation); Public Housing under Section 9 of the Housing Act of 1937, 42 USC 1437; and Federally-Funded Medicaid. (Recipients of Medicaid need to determine if their program is funded in part or wholly by federal funds; programs funded wholly by state funds do not count against an individual.)   Which are the benefits that DO NOT count against a person? Public benefits discussed above BUT were received before February 24, 2020; Public benefits received by individuals exempt by law; Public benefits received by active duty U.S. service members and their spouses/children; Public benefits received by children of U.S. Citizens being admitted to complete processing for acquiring citizenship; Medicaid for an emergency medical condition; Medicaid for pregnant women (up to 60 days after pregnancy); Medicaid for children under 21; School based benefits available up to the oldest age for secondary education under State law; Services under Individuals with Disabilities Education Act (IDEA); Subsidies on Individual Marketplace; State or local low-cost insurance plans; Healthcare services at a clinic; Medicaid funded ONLY by a State (Not sure? Contact your health insurance provider.); Advanced premium tax credit (APTC); State premium assistance; Cost-sharing reduction (CSR); State or local rental assistance that has no federal funding related to Sec. 8 & 9 Public Housing. Before requesting rental assistance, applicants must confirm the qualifying immagrtion status that are accepted for eligibility; And more.   I received a stimulus check during the COVID-19 pandemic. In terms of the public charge rule, does that count as federal cash assistance/income maintenance? Fortunately, it does not. The economic impact stimulus payment is a “tax credit” under the CARES Act, and the public charge regulations specifically exclude tax credits from the federal, state, local, and tribal cash assistance that they consider “negative factors” for public charge determinations.   Can I take advantage of a rental assistance program during the COVID-19 pandemic, or would that count against me as a public charge factor? Those seeking rental assistance need to determine 1) whether they are eligible in their current immigration status, and 2) whether their program is funded in part or wholly by federal funds; programs funded wholly by state/local funds do not count against an individual.   Why is this of particular concern to international performing artists? Many foreign performing artists are in the U.S. for extended periods of time. Many of these artists receive low compensation, and may be accustomed to receiving public benefits in their home countries. As such, it is likely that under the new rule, many foreign performing artists’ use of certain public benefits in the U.S. could   What should I do, and who can help me with this? Don’t panic. If you are not sure if you are on federal Medicaid or receiving any other public benefits, contact your State Department of Health. Your State Department of Health should be able to explain what benefits “count” toward the public charge determination and provide you with additional resources.   If you are a foreign performing artist in the U.S. on an O or P visa, and you do not have access to the advice of an immigration attorney, TamizdatAVAIL can provide you with limited pro bono legal counsel, and may be able to help you answer your question. If, after carefully reading this guide, you still have questions about how the new public charge rules can affect you, see TamizdatAVAIL for more information about getting free legal assistance. [Go to article...]

USCIS fee increases and other changes Effective October 2, USCIS is raising the filing fees for most visa petitions and applications. The fee for O petitions, which is currently $460, will increase to $705. The fee for P petitions, which is currently $460, will increase to $695. There will also be new additional costs for groups larger than 25. At the same time, the processing time for USCIS’s optional Premium Processing expediting service (which costs an additional $1440 per petition) is increasing from 15 calendar days to 15 business days. Lastly, while the fees for green card applications have only changed by $10, naturalization fees have increased more than 80 percent from $725 to $1170. These fee increases create substantial new burdens for the performing arts, which are already in a state of collapse. However, we encourage the international cultural community to remember that this fee increase is a small part of a much bigger problem: since the early ’90s, when the O and P visa classifications were created, the average effective cost of securing a visa for a foreign artist has increased more than 2000 percent. Only a fraction of this escalation reflects increases in the government fees. The bigger problem is that the U.S. government’s application of the O and P regulations has become so arbitrary and onerous, that most arts institutions have been forced to hire attorneys to manage the process for them. As such, presenting performing artists in the U.S. now comes with massive legal costs, which are—in our opinion—a catastrophic financial impediment to cultural exchange. The U.S. government needs to rein in the bureaucratic creep of their procedures, which would make the visa process cheaper for them, and fairer, faster, and more affordable for artists and arts institutions. Consular processing and travel restrictions Routine visa services remain suspended at many U.S. embassies and consulates, but some have resumed visa interviews. You should be able to find up-to-date information on the website of your local U.S. embassy or consulate. However, the COVID-19 travel restrictions imposed on a number of countries by the Trump administration remain in place (see the second question on our FAQ page for the complete list). As a result, not only is travel from those countries restricted, but also U.S. consular posts in those countries are generally not issuing visas to individuals who do not qualify for an exception to the restrictions. But there may be a little good news: recent anecdotal reports suggest that U.S. embassies and consulates are starting to be more lenient in offering waivers of the travel restrictions. Increasingly, it’s appearing that if you have an urgent need to travel to the U.S. for work, you might be able to travel—finally. Each consular post has different procedures for processing such a request; reach out to us if you think you might qualify.    [Go to article...]

In the U.S., the rights of freedom of speech and freedom to assemble are at the foundation of artistic expression, and at the core of our right to publicly protest for political and social change. But many non-citizens who are in the U.S. are unclear about what rights they have to participate in political demonstrations. Right now, the voices of everyone in America need to be part of the conversation. This is why Tamizdat, CoveyLaw, Artistic Freedom Initiative, and PEN America have collaborated to create this critical guide, “Going To Protests when you’re not a U.S. Citizen (What you need to know).”  This guide in jpeg form is downloadable as two images with all 4 sections on them, and as 4 separate images, one section per image. Please share far and wide. [Go to article...]

What Artists Need to Know About the Status of the New Public Charge Rules & Unemployment Benefits/Maintenance of Visa Status 8/19/2020 – this advisory supersedes all prior “public charge” advisories from Tamizdat. In July, a federal court ruled that the use of public healthcare and other public benefits would not trigger the new “public charge” rules during the COVID-19 national health emergency nationwide. Now, a higher court has limited that ruling to New York, Connecticut, and Vermont. What happened? On July 29, 2020, a New York federal court issued an injunction that blocked the U.S. government from enforcing the new “public charge” rules during the COVID-19 national health emergency nationwide. The new public charge rules, implemented in February 2020, made it easier for the government to deny people visas and green cards on the grounds that they might become reliant on public benefits in the U.S. These rules were designed to discourage immigrants and temporary residents from using certain public assistance programs. So the July 29th injunction was good news. Then, on August 12th, a higher federal court ruled that the July 29th injunction only applied to applicants in Vermont, Connecticut, and New York. What does this new ruling mean? We don’t really know. The Department of Homeland Security/USCIS has not provided updated guidance on the impact of this modified Vermont/Connecticut/New York injunction. Moreover, this modified injunction does not impact the nationwide injunction suspending the implementation of the new public charge rules for Department of State (i.e., the embassies and consulates that issue visas). We will provide an updated advisory as soon as we know more. Receiving Unemployment Benefits and Maintaining Visa Status Would seeking unemployment benefits be a violation of my visa? Probably, but not necessarily. This is a little complex: O and P visa holders are issued their visas to allow them to do specific work in the U.S. If you fail to do that work, the government generally sees it as a violation of your visa, called a “failure to maintain status.” If you fail to maintain your status, this could remain on your record forever, and could make it difficult to get visas, green cards, and ESTA. The problem with seeking unemployment is that you are telling the government that you are not working, which strongly suggests that you are “failing to maintain your status.” But there are some loopholes, so you need to read this carefully: For O-1 visa holders: If you lose your job while on an O-1, you technically may have up to a 60-day grace period in which you can find other work, and it might be okay for you to collect unemployment during those 60 days. The catch is that at the end of 60 days you must discontinue the unemployment benefits and depending on your specific situation, either (1) have some new work starting, (2) have a new visa petition filed for you, or (3) depart the U.S. Given these uncertainties and limitations, we advise against applying for unemployment if at all possible, unless you can find some way to continue to do some work. Please talk to your attorney about your specific situation in order to decide whether seeking or accepting unemployment benefits is advisable. For O-2 and P visa holders: The 60-day grace period that O-1 holders enjoy is not available to O-2 or P visa holders. O-2 and P visa holders must maintain some degree of work, even if they seek unemployment benefits. In the event that USCIS or a consular officer wants proof of maintenance of status down the line, you will want to be able to produce records that you were still working. Given these uncertainties and limitations, we advise against applying for unemployment if at all possible, unless you can find some way to continue to do some work. For other kinds of visa holders: We are talking about O and P visas here. It may be possible for holders of other kinds of employment visas to accept unemployment benefits and still maintain their status. How much work do I need to do to maintain my status? If your visa was arranged through a specific employer, and you are only allowed to work for that employer, then failing to maintain your contracted employment with that employer would be a failure to maintain status. If, however, you are on an agent-based O or P visa, any authorized work you can do—paid or unpaid, in real life or online—will help you maintain status; any documentation you can save of that work (contracts, screen shots, publicity materials, reviews) will help you at a later date prove that you maintained status. While there is no rule about how much work is needed to maintain status, the more authorized work you can prove you have undertaken, the more you can defend against an assertion of “failure to maintain status.” © Tamizdat Contact TamizdatAVAIL for free legal assistance: email: avail@tamizdat.org • AVAIL phone: +1 (718) 541-3641 Tamizdat • www.tamizdat.org • (718) 254-0022 • 20 Jay Street, Suite 402 • Brooklyn, NY 11201 To download a PDF of this advisory click here       Public Charge and Unemployment Benefits_Maintenance of Status Advisory 1.4 [Go to article...]

The federal courts ruled that the use of public healthcare and other public benefits will not trigger the new “public charge” rules during the COVID-19 national health emergency. In his order, Judge George Daniels stated the rule “has demonstrably failed the first real world test of its application.” Late yesterday, July 29, 2020, a New York federal court blocked the U.S. government from enforcing the new “public charge” rules. These rules, implemented in February 2020, made it easier for the government to deny people visas and green cards because they think a person might become reliant on public benefits in the U.S., and were designed to discourage immigrants and temporary residents from using certain public assistance programs. Effective immediately, foreign nationals in legal status in the U.S. may make use of certain public assistance programs, including SNAP (“food stamps”) and Medicaid, without fear that they are putting their immigration status at risk while the temporary orders remain in place. However, receiving cash benefits for income maintenance (like welfare) is still a public charge risk. How does this affect me if I am in the U.S.? If you are in the U.S. and you file an application with USCIS, use of non-cash public benefits should not negatively affect your case for the remainder of the COVID-19 pandemic national emergency. How does this affect me if I am outside the U.S.? If you are outside the U.S. and are looking to get a visa issued by an embassy or consulate, it is unlikely that the use of non-cash public benefits will negatively impact you. However, consular officers have a huge amount of discretion so at the present time we cannot know with 100 percent certainty that there will be no impact on your visa application. IMPORTANT: About Unemployment Benefits:  Despite this ruling, it remains risky for temporary work visas, (like O-1s) to enroll for unemployment benefits while maintaining their work authorized status. [Go to article...]

In collaboration with JioSaavn, Big Room, CoveyLaw, and Folk Alliance, Tamizdat has published “The Legal Landscape of Live Streaming.” (click link to download PDF) This essential guide resulted from our April 21 webinar of the same name. This webinar, presented by the Alliance for Performing Arts Conferences (APAC), featured a discussion of the legal realities surrounding live streamed concerts & the video of it may be viewed here. The discussion ranged from copyright restrictions to contractual considerations, royalty recuperation and licensing agreements, Join three experts in the field as they share their knowledge about this rapidly expanding practice and what presenters and artists need to know. [Go to article...]

Last February the U.S. government implemented new rules expanding the its power to deny visas to foreign nationals who have used or whom they think are likely to become reliant on public support services in the U.S. These policy changes put at risk many international artists working in the U.S., and that risk has only been exacerbated by the COVID-19 pandemic as out-of-work artists resort to services like unemployment insurance and Medicaid. In response, Tamizdat is providing two new resources to aid international artists who have questions about how their use of U.S. public services could impact their visa status: • Tamizdat has just published an advisory, What Artists Need to Know About The New Public Charge Rules. • Tamizdat has broadened the scope of our TamizdatAVAIL pro bono legal assistance program, allowing us to help artists or arts professionals with questions or concerns about public charge rules and their immigration status. [Go to article...]

As the performing arts are rapidly transformed by the COVID-19 pandemic, artists and arts professionals are pivoting to new media to stay connected with audiences and with each other. But as we turn to technology to fill a void left by shuttered venues, it can be hard to figure out what is an opportunity, and what is a risk. TamizdatAVAIL is responding by expanding the scope of its pro bono legal assistance program to cover questions artists and arts professionals may have about live streaming performing arts content. If you have general legal questions about live streaming rights, royalties, reporting, takedowns, or clearances, TamizdatAVAIL’s volunteer attorneys are here to help. (The scope of TamizdatAVAIL’s program is limited. Limitations include working only with clients who do not have access to an attorney, questions that do not require an analysis of state, non-U.S. or international law, and issues that do not require written work.) For more information see: https://tamizdat.org/tamizdatavail/ For free legal assistance, contact: email: avail@tamizdat.org phone: +1 (718) 530-1660 [Go to article...]

In February the U.S. government implemented new rules expanding the U.S. government’s power to deny visa petitions and applications of certain foreign nationals whom they think are likely to become reliant on public benefits in the U.S.  The risk to international artists of receiving the “public charge” designation has increased in the face of the COVID-19 pandemic, as artists who are in the U.S. for long term engagements that have been canceled for the foreseeable future may seek out healthcare, unemployment, and other public benefits. In response to the U.S. government’s expanded “public charge” rules, TamizdatAVAIL has expanded its pro bono legal assistance program help international artists who are in the U.S. and who have questions about whether or not receiving U.S. government benefits will impact their ability to extend their visa status or receive a visa or green card in the future. For these artists, TamizdatAVAIL can provide: guidance as to what “counts” against you as a “disqualifying benefit” for USCIS purposes, and how the calculation works; an explanation of DOS’s more subjective approach to the “public charge” test and how your use of unemployment, health, and other public benefits might play into it; guidance on how to figure out whether your Medicaid is solely State-funded (and therefore not a “disqualifying factor” under the USCIS test), or federally-funded, in whole or in part; guidance on when you should seek the advice of an immigration attorney. For more information, see: https://tamizdat.org/tamizdatavail/ email: avail@tamizdat.org call: +1 (718) 541-3641 [Go to article...]

The White House incited widespread panic Monday, April 20, when President Trump tweeted that he planned to suspend the issuing of all visas and green cards.  Tuesday, April 21, however, he backed off, saying that he only planned to suspend the issuing of green cards, and that the suspension would last for sixty days. Of course, US consulates all around the world—where immigrant visas are issued—are closed and unlikely to reopen for sixty days.  As such, the only new development here is that applications for green cards made within the U.S. may now be suspended for 60 days. As such, it appears that Trump’s declaration is principally a bid to reframe the State Department’s emergency response to the COVID-19 crisis in a manner that could score him political points with his anti-immigrant base. However, we have no way to know what the White House will actually do until they issue the executive order. We will update you with any new information as it is received. [Go to article...]

On Monday, April 20, President Trump tweeted that he intends to suspend legal immigration to the U.S. indefinitely. In typical fashion, the White House has declined to issue any details, preferring to instill panic across the American economy which is massively reliant on skilled and unskilled foreign labor.  At the present time, nothing more is known about his plans, though it’s very hard to imagine how a move to suspend issuing temporary work visas and green cards would not elicit significant legal challenges. [Go to article...]

With the broad endorsement of the international performing arts community, Tamizdat and the The League of American Orchestras are sending an advisory to USCIS and Department of State, requesting assistance for arts organizations and international artists whose visas have been impacted by the COVID-19 pandemic. See the brief here. [Go to article...]

The impact of the COVID-19 virus is having a massive impact on artist mobility. USCIS is still processing petitions, but US embassies are not processing visas. Premium Processing is suspended. For the most current information please see CoveyLaw’s FAQ: Artist Mobility to the U.S. during the COVID-19 pandemic [Go to article...]

The impact of the COVID-19 virus is having a massive impact on artist mobility. USCIS is still processing petitions, but US embassies are not processing visas. Premium Processing is suspended. For the most current information please see CoveyLaw’s FAQ: Artist Mobility to the U.S. during the COVID-19 pandemic [Go to article...]

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.  Artist Mobility Questions regarding SXSW’s Cancellation March 9, 2020, 4:00 EST   SXSW was part of U.S. tour for which I secured P or O visa. With the cancellation of SXSW may I still complete the planned tour? 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. SXSW was part of U.S. tour for which I secured P or O visa. I want to reschedule my tour to a time not covered by the dates of my visa. May I change the dates of my P or O visa? 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. SXSW was my only U.S. date, so I was planning to enter the US on ESTA / Visa Waiver. One or more of my planned Austin gigs is still happening. May I still play my planned gigs? No. ESTA / Visa Waiver is allowed for artists planning to perform at SXSW specifically because of SXSW’s confirmed 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 ESTA / Visa Wavier 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. SXSW was my only U.S. date, so I had secured a B1, B2, or B1/B2 visa or ESTA/Visa Waiver. I am no longer planning to perform in the U.S., but I have loads of meetings I want to do. May I still travel to the US? 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. SXSW was my only U.S. date, so I had secured a B1, B2, or B1/B2 visa or ESTA/Visa Waiver. I am no longer planning to perform in the U.S., but I want to go on vacation in the US. May I still travel to the US? 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. Will the US government be cancelling B visas or ESTA / Visa Wavier for artists who had planned to perform at SXSW? 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. [Go to article...]

President Trump’s 2017 Presidential Proclamations limited travel to the U.S. by nationals from seven countries: Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen, with restrictions on North Koreans and Venezuelans being added later. Friday, additional restrictions were added on nationals from Eritrea, Kyrgyzstan, Myanmar, Nigeria, Sudan, and Tanzania. The new restrictions only suspend immigrant travel to the U.S.; they do not have any impact on nationals traveling to the U.S. temporarily for work, study, or tourism. Why have Eritrea, Kyrgyzstan, Myanmar, Nigeria, Sudan, and Tanzania been added to the list of restricted countries, and how will people be affected? The administration claims that the restrictions are necessary to protect national security. The fact that the new restrictions do nothing to limit temporary travel to the U.S. makes it clear that the real purpose is to limit legal immigration from these countries. The U.S. government continues to view legal immigration as a security threat… or put more bluntly, the U.S. government continues to view legal immigration as an existential threat to white supremacy. The impact of the expanded ban on family reunification and on our nation’s diversity will be devastating. The good news—such as it is—is that the new restrictions on the citizens of Eritrea, Kyrgyzstan, Myanmar, Nigeria, Sudan, and Tanzania do not appear to have any impact on those who are traveling to the U.S. temporarily for work, study, or tourism. So cultural exchange may continue, and in our cultural, educational, and business institutions we can work with the citizens of these and all nations to build diversity and empathy and combat xenophobia and racism. Breakdown By Country: There are now thirteen countries impacted by Trump’s travel ban. The rule affects nationals from each country differently, and its impact is limited somewhat by a number of exceptions that apply categorically, and the possibility of a waiver issued on a case-by-case basis. The most important exceptions are that the ban does not apply to individuals who are inside the United States or who have a valid visa on the effective dates of the respective proclamations. A waiver of restrictions has proven possible in certain employment situations, but has proven very difficult to obtain in family or humanitarian situations. The ban, country by country, looks like this: Eritrea: All immigrant visas suspended*; nonimmigrant student, family, and employment visas are unaffected. Iran: Most immigrant and nonimmigrant visas suspended*; student visas are unaffected. Kyrgyzstan: All immigrant visas suspended*; nonimmigrant student, family, and employment visas are unaffected. Libya: Nonimmigrant visas for tourism and business suspended*; immigrant, student, family, and employment visas are unaffected. Myanmar (Burma): All immigrant visas suspended*; nonimmigrant student, family, and employment visas are unaffected. Nigeria: All immigrant visas suspended*; nonimmigrant student, family, and employment visas are unaffected. North Korea: All immigrant and nonimmigrant visas suspended.* Somalia: All immigrant visas suspended*; nonimmigrant student, family, and employment visas are unaffected. Sudan: Sudanese nationals’ eligibility for immigrant status through the diversity lottery is suspended; nonimmigrant student, family, and employment visas are unaffected. Syria: All immigrant and nonimmigrant visas suspended.* Tanzania: Tanzanian nationals’ eligibility for immigrant status through the diversity lottery is suspended; nonimmigrant student, family, and employment visas are unaffected. Venezuela: All immigrant visas suspended visas for certain government officials and their families are suspended*; all other Venezuelan nationals are unaffected. Yemen: Nonimmigrant visas for tourism and business suspended*; immigrant, student, family, and employment visas are unaffected. *subject to various exceptions and waiver. [Go to article...]

Presumably in response to world events of the last few days, we are seeing reports of U.S. Customs And Border Protection officers subjecting Iranian nationals and individuals of Iranian descent to prolonged questioning at U.S. ports of entry. We have not received reports of detentions or denials of entry. The delays are being reported here by the Council on American-Islamic Relations. Performing artists who are Iranian nationals or individuals of Iranian descent should anticipate delays entering the U.S., especially at land crossings.  [Go to article...]

In the kind of legal whiplash that has become the norm, USCIS’s new form for filing for an artist work visa petition has been stayed by a Federal Court injunction. October 2, USCIS released of a new version of the I-129 form, adding fields requiring disclosure of Public Benefits information. It also announced that the new form be used for all petitions received on or after September 8. (Normally, when USCIS releases a new form the public is given month to comply, and sometimes years to phase out the prior form. Given the holiday on Monday, the public was given two working days to prepare to use the new form.) Predictably, on October 11, three Federal courts stayed the new rules, and with them, the implementation of the new I-129. For more information see this article from the New York Times. For now, the prior version of the I-129 will continue to be in force.   [Go to article...]

In the recent weeks, the UK Home Office has offered assurances that under a unilateral decision (not reliant on a deal) the mobility rules governing UK-bound EU performing artists will remain essentially “as is” until (at least) December 31, 2020. This rule has now been written into Appendix EU which is contained in the immigration rules: https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-eu. To find the relevant passage, click on “Annex 1 – Definitions” and scroll down to “specified date” and look at part (b) “if the United Kingdom withdraws from the European Union without a Withdrawal Agreement;” the date and time have now been put into the Appendix as 2300 GMT on 31 December 2020. It’s a bit of a jumble to unpick but it appears that this is the specific subparagraph that is the basis for what the Home Offices assurance: “- sub-paragraph (a) of the entry for ‘relevant EEA citizen’ in this table” So that’s a bit of good-ish news. [Go to article...]

On August 14, 2019, the U.S. Department of Homeland Security published a new rule that would expand USCIS’s power to deny certain immigration benefits to foreign nationals who DHS thinks are likely to become reliant on public benefits in the U.S. Under the new rule, USCIS will use a complex test to determine whether a foreign national is likely to become a “public charge.” (For additional details, see this Immigration League Resource Center statement.) Unless the rule is blocked by litigation (several lawsuits have already been filed), it will go into effect on October 15, 2019. It is important to understand that (so far) USCIS’s new rule will only impact artists who are extending their stays while in the U.S., changing from one visa status to another, or seeking permanent residence. Nevertheless, the rule has the potential to be detrimental to cultural exchange, diplomacy, and mobility: • It is likely that the rule will negatively impact independent artists, non-commercial artists, and artists from developing economies who choose to pursue their career through long-term stay or residence in the U.S., making the U.S. a less hospitable place for the development of international artists. • It is likely that the U.S. Department of State will align its policies to USCIS’s new rule, in which case we may see U.S. embassies and consulates more frequently denying visas to artists who are unable to prove that they personally have sufficient wealth. If this happens, it will impact many independent artists, non-commercial artists, and artists from developing economies, and make the U.S. a less viable place for international artists to tour and perform. • In deciding whether to approve a change of status, extension of stay, or green card, USCIS will evaluate an individual’s prior record of using U.S. federal, state, local, or tribal public benefit programs. If artists know that using public benefits might result in visa problems, they may be afraid to use benefits—even when those benefits are urgently needed. Tamizdat is developing guidance for USCIS, DOS, and CBP, designed to help officers understand the impact the new rule could have on cultural mobility to the U.S., and to mitigate its impact on the presentation of international performing artists in the U.S. For more information, the American Immigration Lawyers’ Association has posted this video. [Go to article...]

Last autumn the The U.S. Internal Revenue Service (IRS) created a new rule that bars foreign artists who earn less than $10,000 per year in the U.S. from the “Central Withholding Agreement” program, making it harder for them to manage the tax withholding on their U.S. earnings. The impact of this rule-change was to significantly damage tour cashflow for developing, independent, and non-commercial artists; this has resulted in numerous tours being cancelled, and artists being dropped from agencies. Last November, Tamizdat, CWA Management, and The League of American Orchestras, with the support of the NEA and the members of the “Performing Artist Visa Working Group,” submitted to the IRS a proposed rule change that would not only restore lower earning artists’ access to the CWA program, but would actually make it much easier for those artists to access the program. We are very pleased that The U.S. Internal Revenue Service (IRS) has released a draft form for a “Simplified Central Withholding Agreement” program. The program is intended to help foreign artists who earn less than $10,000 per year in the U.S. to more easily manage the tax withholding on their U.S. earnings. The draft form can be found here: https://content.govdelivery.com/accounts/…/bulletins/24865ad The IRS is seeking comment on the new program. We are preparing formal comments on the IRS’s proposal, so if this is a matter of interest to you, please review the draft, and let us know what you think. Please send you comments to me at matthew@tamizdat.org. [Go to article...]

The ISM, the UK’s professional body for musicians, is currently running a survey to find out more about the experiences of musicians from non-EU/EEA countries visiting the UK to perform, compose, or promote their music. We are researching the process of applying for different visas to visit the UK as there have been many problems reported recently for non-UK/EU artists coming to the UK to perform, especially at festivals such as Edinburgh International Festival and WOMAD. Please complete the form here: https://www.surveymonkey.co.uk/r/W66MX8L [Go to article...]

The IRS will soon announce details regarding a much-anticipated change in the Central Withholding Agreement Program. The IRS has just released the following announcement: “The IRS Central Withholding Agreement (CWA) program will be offering a new simplified application process for applicants earning less than $10,000. There will be a simplified CWA application Form 13930-A that applicants will complete to apply for the simplified process. Under the new process, applicants earning less than $10,000 would be eligible to apply for a CWA. The Form 13930-A is scheduled to be released in draft form for public comment shortly.” Background: The CWA program allows for foreign performers to legally manage and often reduce the required 30% tax withholding on U.S. earnings. As of October 1, 2018 the IRS implemented a new policy under which nonresident performers would only qualify for a Central Withholding Agreement (CWA) if they individually earn 10,000USD or more in gross income in the U.S. within the calendar year. This rule change has had a massive negative effect on independent artists, so last November, The League of American Orchestras, Tamizdat, and CWA Management prepared a proposal aimed at addressing the inequities of the new policy. The proposal was presented to the IRS with the endorsement of many major U.S. performing arts organizations. IMPORTANT: The $10,000 threshold still currently applies. No further details are currently available regarding the details or timeframe for implementing the new process. Further information will only be available when the IRS posts the draft Form 13930-A as well as instructions for public review and comment. [Go to article...]