You probably already know that to qualify for an artist visa, the Immigration Service requires EITHER a Nobel Prize, Academy Award, Emmy, Grammy or Directors Guild Award (which I presume most of you readers have not, kudos if you have!)
I call this affectionately the "Einstein" category.
Just yesterday a client told me about another lawyer who said not to apply for an artist visa since the client hadn't discovered the 'Theory of Relativity'.
I've heard this so many times I've lost count.
But this is only half the story.
Guess nobody told these guys that you can qualify for an artist visa another way. Check out if you have three of these items (listed in the practically unreadable Immigration Statutes):
1. Wide national or international recognition;
2. Articles written by applicant in major publications;
3. Participation as a judge or member of a judging panel;
4. Published articles in major publication;
5. Performance in a lead role in an event that has a distinguished reputation;
6. Proof of financial success;
7. Original artistic contribution of major significance;
8. Receipt of a very high salary; and/or
9. Other similar material.
Let see if I can help you out here. Do you have three of these?
1. Awards, certificates, or prizes from music festivals, musical competitions, city agencies, etc.;
2. Articles you have written that are published in magazines, newspapers or on the internet;
3. Acting as a judge of music competitions (maybe you were on a panel judging students at a university or music school);
4. Articles written about you in any form of press;
5. Band leader status;
6. High yearly income (congratulations if you've got that...);
7. Membership in exclusive music organizations;
8. CD's/DVD's & demos;
9. Flyers or other advertisements of gigs;
10. Radio play;
11. Television appearances;
12. Letters of recommendation written by musicians, owners of venues, organizations, etc.;
13. Performance photos;
14. Teaching experience; and/or
15. Other similar material.
Keep in mind every musician is unique and all your accomplishments must be reviewed as a whole by an attorney who understands music. This type of attorney can tell you if he/she believes you have enough for an approval.
After all, you don't want to lay out all that cash if the case is weak. You want an honest opinion about your chances.
By the way -- don't forget to ask your musician friends what they compiled to get artist visas.
NEXT WEEK: "The Lowdown on Sponsors" and "Not only Metronomes Count Time"
Special thanks to Nadia El-Tatawy for her paintings that are featured on this blog.
See her website (http://www.nadiaeltatawy.com/)
14 comments:
Does all this stuff have to be from the US?
Absolutely not. It's even better if its international information. Work from your home country counts equally. Don't be afraid to think outside the box...
What does it mean to be acting as a judge?
If lucky enough, you may have judged other musicians at festivals or other similar venues. If not, consider whether you ever taught and judged the abilities of students. It's not exactly what immigration is looking for, but it could help.
Love the art. Where can I get it?
This work was done by Nadia El-Tatawy, using a palatte knife. The photos don't do it justice. For more information contact me at vingber@bfflaw.com.
How do I prove I was on TV? What about radio?
Either for a TV appearance or radio play, a letter confirming it is usually necessary. Additionally, stills from the TV program and a play list from the radio station are good proof.
What do I do if I don't have all this stuff?
Maybe it's time for a trip to your home country to get more experience and have more articles, CDs etc. to show. You might also consider going to ANY other country to build up your list of accomplishments.
What do I do if I qualify for an artist visa, but I still need to bring over foreign assitants to help with the gig?
There's an O-2 visa available for assistants of musicians who have artist visas. To qualify, the assistant must be absolutely necessary and have skills and experience related to the gig. For a musician, "assistants" could include gaffers, lighting experts, costume designers or anybody else you can't live without (performance wise.) They also have to be "assistants" you can't readily find in the US or who have a long history of working with you. Let your imagination be your guide. And don't forget to talk to your attorney about it.
What happens if I want my husband and kids to come with me while I'm on tour in the U.S.?
Easy enough...the family of anyone on an artist visa is eligible for an O-3 visa, subject to the same period of admission that the musician was given. The bad news: Your spouse can't work while here on an O-3 and only children under 21 are invited to apply along with you. The good news: Children are allowed to study full or part time while accompaning a parent.
Thanks for the clear list of what I need. never understood this list before...
Should I show photos (a little hard to see)of my gig at MSG?
No question. See if you can clear them up a little. Try Kinko's for help.
Great blog! So easy to understand -- finally!
The last category of "any other similar material" had me so confused. At least I get the idea now.
My past attorney filed my case and lost. Should I appeal? Can I file again?
Appealing is expensive and it can take a year for a decision. You CAN file the same case again. This is usually a better idea -- cheaper and faster. You probably should switch attorneys, though...
I guess with a felony conviction I should just forget it, even tho I have almost everyting on the list.
Probably. Only way around it is if you have a good explanation. Still it's very risky business. By the way: Don't lie!
What if I think my work isn't so good?
No need for negativity. Show it to a lawyer who understnad this stuff. I've had clients call and say they think they have no case and then they showed me great work that resulted in a Green Card.
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