THE LOW DOWN ON SPONSORS:
Surprise! YOU cannot file for an artist visa for yourself.
Here’s where the “sponsor” comes in.
Sponsors are absolutely necessary to sign documents prepared by your attorney.
As so many clients have told me, finding a sponsor is like finding a needle in a haystack. So which are the best haystacks to look through?
There are a few options -- a U.S. band manager, U.S. agent, U.S. agent or even a foreign employer acting through a U.S. agent is allowed to be your sponsor.
What about your own company or partnership? It can be your sponsor, as long as it’s a U.S. company or U.S. partnership (related to music) AND there is a U.S. partner OR work-authorized employees. (This means the employees must hold working visas or green cards themselves.)
For most of you musicians, it makes more sense to have an agent or manager act as your sponsor. This gives you freedom to perform where your sponsor wants you to. Most musicians need that kind of flexibility.
From experience I can tell you that plenty of musicians are sponsored by bands they perform regularly with.
Last: The sponsor’s job: A sponsor makes certain guarantees about the terms and scope of the work you intend to do. Have any possible sponsor speak with your attorney about this.
Still confused?
Try asking other foreign musicians with artist visas how they found sponsors…
NOT ONLY METRONOMES COUNT TIME
How long were you hoping to stay in the US on an artist visa?
Relief at last: There is no maximum period for O-1 status. If you want, you can hold an O-1 ‘till the end of time. Not sure how long that would be?
Your first tour of duty can be for up to 3 years. If at the end of the 3 years you need more time here’s how it goes:
For additional time with the same sponsor, there is a one year extension only. If you change sponsors after the first 3 year period, you can have 3 years all over again.
Who wants to keep paying for extensions even with different sponsors each time? Maybe it’s time to think about the artist green card. And that, my musical friends, I’m leaving for another day…
NEXT WEEK: "Tax Talk."
Special thanks to Jorge Posada (http://www.jorgeposada-art.com) for his painting above "Sponsors"
and to Kenzo Minami (http://www.kenzominami.com) for his painting included in "Time on O-1 Visas".
13 comments:
Can my tour manager be my sponsor?
Why not? No problem as long as he/she is a US citizen, Green Card holder, or foreigner representing you through a US agent.
I'm a singer from the UK. Can I work with a trio OTHER than my sponsoring band?
Well, if your sponsor asks you to work with another group, you're expected to follow your sponsor's directions.
I understand that the extensions for an artist visa are one year with the same sponsor and three years with a new sponsor. Any other rules about filing the case?
You should know that you are permitted to file your case ONE YEAR in advance of when you would like to start on your visa. (only if you want to...) Immigration prefers that artist visa cases be filed at least 45 days before the start of US gigs. Truth be told, plenty of clients have appeared at the 11th hour and still been approved.
Can I go outside the US while on an artist visa?
No worries. Musicians are expected to travel extensively. There are some who have three year visas and end up on tour outside the US for the whole time.
Thanks for the sponsor information. What do I do if I have no contacts at all in the US and need a sponsor?
Real tough situation. Have to be out and about to meet possible sponsors. But remember: NEVER pay a deposit to an attorney (for an artist visa)if you haven't found a sponsor yet. You might never get your money back if you don't find a sponsor.
Good info. Thanks!
I hear the H-1B visa can only be given for a total of 5 years. You mean to say I can renew this visa as long as I want?
Right.
Seems like so much trouble to find a sponsor. Any other ideas?
Best idea: Ask your friends. No friends in the US? Rethink staying here...
Keep the info coming! Why don't other attorneys spell it out like this?
No idea.
Really needed the info on using my parnership with an American citizen as a sponsor. Why the big secret?
Maybe just ignorance.
Who usually pays for the visa?
You and your sponsor should discuss this. If the spoonsor is a large organization, there is a better chance the sponsor will pay. Might help to tell the sponsor that attorneys' fees are a tax deduction.
Can I take the cost of the visa as a tax deduction if I pay?
Hold your horses! Next week I'll discuss the tax rules for visa holders.
I just heard today that Immigration is extending the period of School Optional Practical Training (OPT) from 12 to 29 months for students (F-1). Is this true?
Yes and no. It only applies to a group of companies enrolled in a new Immigration program. Those entitled to the 29 month OPT must have a degree in science, technology, engineering, or mathmatics.
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