Artwork by Jaime Vasquez. - http://www.jaimevq.com/
Let me tell you about a recent problem encountered by a client.
A very reputable U.S. venue booked an Argentine band that fuses Jewish Klezmer music with tango. We thought the case was a slam dunk for the “Fiesta Hanukkah” concert.
But that was before immigration checked out the petition and came up with its own new definition of “culturally unique”.
Immigration claimed: “The evidence suggests the group performs a hybrid or fusion style of music... which cannot be considered culturally unique to one particular country, nation, society, class, religion, tribe or other group of persons.”
The owner of the venue was livid. “How more culturally specific can you get than Jewish music of Latin America”?
NEXT WEEK: "Consular Processing Procedures"
13 comments:
What is Immigration's offical stand on the "culturally unique" definition?
According to the Department of State Foreign Affairs Manual Volume 9: Musicians who enter the U.S. must have a high level of achievement in a field evidenced by a degree of skill and recongition, along with cultural uniqueness not ordinarily encountered, to the extent that such achievement is renowed, leading, or well-known."
Why is Immigration doing this?
Immigration authorities claim they are "weeding out" applicants they believe are marginal and that they are simply carrying out Congress' intent. Basically, they're doing it because they can...
Have you ever been at one of the immigration offices where the artist visa applications are sent? What is that like?
Yes. I visited the immigration office at St. Albans, Vermont. The supervisor gave me a tour. He said that they (immigration) receive over 20,000 O-1 artist petitions each year. However, the office receives over 1.3 million applications each year. The cases arrive by the truckful. (The artist visa O-1 applications are a small percentage of the total caseload.) There were only 14 adjudicators reviewing all the cases. The adjudicators work in a mustard-yellow federal building in the middle of nowhere. It seemed that the building was isolated in the middle of what looked like cow farms. The building they work in has a pyramid shape and has been featured in films such as "Outbreak" and "Coma". Get the picture...
Do the immigration officials who review artist petitions have any training?
They get specific training to understand software engineers and even lettuce pickers. I'm not sure how much training they get in the arts...
How much time is each adjudicator given to review a case?
They work very fast. Sometimes they receipt, review and decide a case in an hour.
I read somewhere that the Immigration Service has been called "A Berlin Wall against cultural diversity." Thanks for confirming.
If a case is denied, can it be filed again?
Yes.
Would it help to get a government official involved if there are problems?
Of course, if you can get through to one of them and they agree to help...try your local congressman or senator.
It really bothers me that this process can be so arbitrary.
I believe it is important for countries like the U.S. to maintain open borders for artists. We need to be able to exchange artistic points of view. This whole thing is horrible!
Is there any way to avoid these problems?
It seems that immigration isn't so thrilled with cases that stress "fusion music" as 'culturally diverse' without any other material relating to the excellence of the musician or musicians.
Can you skip the problem by entering to perform -- but be paid in your home country -- so you are never really working for money in the U.S.?
In all categories EXCEPT "performers", artists MAY enter and work under the terms you describe. BUT all types of performers NEED visas allowing them to work, whether they are paid in their home country, the U.S. or Timbuktu. I know, I know...it's not fair.
Maybe some other readers know about a group of NYC business leaders who claim the visa system has become so restrictive that NYC is losing out to other cities in search of global talent.
New York is the world's melting pot! We can't let this happen!
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