Remember New Visa Fees and Form!
Orchestras that engage international guest artists take note! On
November 23, the fee for regularly-filed O & P visa petitions
increased to $325 and the Premium Processing Service fee increased to
$1,225. All petitions must be submitted with the proper fee as U.S.
Citizenship and Immigration Services (USCIS) will return any petitions
filed with insufficient fees.
USCIS has also released a new version of the I-129 Form, which is used
to apply for artist visas. December 21, 2010 is the last day for
postmarking to USCIS the previous edition of the Form I-129. Petitions
postmarked to USCIS on or after December 22, 2010 must include
new Form I-129. Please visit the Artists from Abroad website for updated guidance on completing the new Form I-129
and continue to check the site for continuous updates.
Visit Artists from Abroad
Orchestras engaging international guest artists should take note of an upcoming change to the O and P visa filing process. U.S. Citizenship and Immigration Services (USCIS) has increased the fees for visa petitions filed on or after November 23, 2010.
Petitions mailed, postmarked, or otherwise filed on or after November
23, 2010 must include the new fee. To avoid delays in processing,
please note the fee change and plan accordingly. USCIS will likely
return any petitions that are filed with the new fee before November
23rd, or with the old fee after November 23rd. See the ArtistsfromAbroad.org
site for complete details regarding all fee changes.
USCIS Repeats Promise of Speedy Processing
When the fee increase was proposed earlier this summer, individual
arts-related petitioners and the national performing arts community filed comments
with USCIS, urging the agency to make much needed improvements to the
regular petition process and objecting to the significant increase in
the already unaffordable Premium Processing fee. In their September 24
notice regarding the final fees, USCIS reiterated its recent
commitment to speed up and improve the quality of regular O and P
artist visa processing, with the intent that fewer petitioners would
need to resort to the costly Premium Processing Service.
Monitor and Report Your Experience
While USCIS has once again confirmed its intent to process
regularly-filed petitions within 14 days, please continue to file
arts-related petitions as far in advance of a performance as possible,
and closely monitor the level of service you receive:
In the wake of promised improvements by USCIS, it is more important than ever that artist visa petitioners do their part to submit complete and timely visa petitions. Visit the artistsfromabroad.org web site for guidance and contact League government affairs for assistance. Above all, remember to file your visa petition as early as possible and compile your best possible petition. We will continue to update the Artists from Abroad web site to reflect any new policy developments.
USCIS Promises Major Improvements to the Visa Process
Washington, D.C. - Senior officials at U.S. Citizenship and Immigration
Services (USCIS) yesterday promised public stakeholders that processing
times for regularly-filed artist visa petitions will not exceed 14 days.
The agency also promised that significant improvements to the quality
of artist visa processing will soon be underway as the agency undergoes a
major effort to revise its policy and training programs for the two
service centers that process the O and P visas used by artists traveling
to the United States for performances.
These commitments come in response to requests from the nonprofit
performing arts community and following significant intervention by
leaders in the House, Senate, and the White House Domestic Policy
Council. The
League has been advocating for improvements in partnership with
national colleagues in the Performing Arts Visa Working Group: American
Federation of Musicians, Association of Performing Arts Presenters,
Dance/USA, North American Performing Arts Managers and Agents, OPERA
America, Performing Arts Alliance, and Theatre
Communications Group, and the full range of national arts organizations co-sponsoring annual
Arts Advocacy Day policy requests.
14-Day Regular Processing Promised
According to the USCIS, both the California and Vermont visa processing
centers are currently processing regularly filed O and P visa petitions
(without the $1,000 Premium Processing fee) within an average of 14 days. Since 2001, regular processing
times have varied wildly – ranging up to 120 days for some petitions,
despite a requirement in law to process O and P petitions within 14
days. USCIS now says they will strive to honor that 14-day requirement.
While this is a highly encouraging development, petitioners should
continue to file visa petitions as early as possible and carefully track
the processing times for their petitions. If processing times
exceed 14 days, petitioners are advised to contact the USCIS National
Customer Service Center at 1-800-375-5283. Given the inconsistent record
of processing times, and the frequently ineffective response from the
Customer Service Center, please track your visa’s processing time and report
the results to the League in our new online data collector. The
League and our fellow national performing arts service organizations
will be closely monitoring trends in processing times and the
information you provide will help us ensure that USCIS fulfills its
promise.
Efforts Underway to Improve Quality of Process
In addition to streamlining processing times, USCIS says it has formed
an internal performing arts visa working group and is taking immediate
steps to address the spike in erroneous visa denials and requests for
evidence received by U.S. arts organizations over the past year.
Continued Advocacy Needed
Following years of advocacy on this issue, we are extremely pleased with
this week’s breakthrough. That said, this is just one important step on
the journey to consistent, reliable, and affordable arts visa
processing. In partnership with the Performing Arts Visa Working Group,
the League will continue to seek the promised improvements, in addition
to weighing in with USCIS regarding the
recently proposed fee increase, evidence requirements for O and P
visas, and needed improvements to accessing emergency visa processing.
Your examples of visa challenges are essential as we continue to
communicate with USCIS headquarters. Report visa problems to the League
as soon as you encounter them.
Prepare Perfect Petitions
In the wake of promised improvements by USCIS, it is more important than
ever that artist visa petitioners do their part to submit complete and
timely visa petitions. Visit the artistsfromabroad.org
web site for guidance and contact League government affairs for
assistance. Above all, remember to file your visa petition as early as
possible. The promise of 14-day processing is encouraging, but not a
guarantee – unexpected disruptions could put your performance in
jeopardy. File early and compile your best possible petition. We will
continue to update the Artists from Abroad web site to reflect any new
policy developments.
Ask USCIS to Improve the Visa Process!
Orchestras experiencing difficulty obtaining artist visas have a new
opportunity to weigh in with U.S. Citizenship and Immigration Services
(USCIS) as the agency proposes an across-the-board fee increase. The
USCIS proposes a $5 increase in the fee for the regular I-129 visa
processing form (which would bring the fee to $325), and a $225 increase
in the Premium Processing fee (bringing the total fee to $1,225). The
performing arts community is urging USCIS to immediately make
long-overdue improvements to the regular artist visa process and to
refrain from increasing the already-unaffordable Premium Processing fee.
Comments to USCIS are due by July 26. The League will submit
detailed comments on behalf of orchestras, in collaboration with our
national colleagues in the Performing Arts Visa Working Group: American
Federation of Musicians, Association of Performing Arts Presenters,
Dance/USA, North American Performing Arts Managers and Agents, OPERA
America, Performing Arts Alliance, and Theatre Communications Group.
Please note: Until the USCIS issues a final rule regarding the
proposed fee change, the filing fee for the I-129 form remains $320 and
the fee for Premium Processing Service remains $1,000. We will inform
you immediately when and if fee changes are made. In the meantime, do
not adjust the fees that accompany your petition, as overpayment will
result in serious delays.
Sample Message to Personalize
If your orchestra has recently encountered a visa challenge, please
participate in the USCIS comment process. We have prepared sample
comments that should be personalized with details of your orchestra's
experience, along with some background information you may find helpful.
Personalizing your message is extremely important. Each comment is read
and documented by the agency, and "cookie cutter" messages have less
impact than those including specific details. Remember to include the
first line noting the DHS docket number!
Re: DHS Docket No. USCIS–2009–0033
The following comments are in response to the proposed rule to adjust
the U.S. Citizenship and Immigration Services (USCIS) immigration and
naturalization benefit application and petition fee schedule.
By inviting foreign musicians to perform, orchestras provide American
audiences the opportunity to experience a diversity of musical talent
and encourage a supportive climate for U.S. orchestras to perform
abroad. Arts organizations in every area of the country must rely on the
U.S. visa process to be affordable, reliable, and efficient.
How to Submit Comments
Comments may be filed by the July 26 deadline through the federal
government's regulation web portal. Visit http://www.regulations.gov/. Follow the
instructions for submitting comments and double-check that comments are
in response to "U.S. Citizenship and Immigration Services Fee Schedule."
Submit Your Personalized Comments to USCIS Today!
USCIS Invites Feedback Regarding Artist Visas
In response to concerns expressed by the League and the broader national
performing arts community, U.S. Citizenship and Immigration Services
(USCIS) has opened a public comment period on one aspect of artist visa
process: the amount of time allowable between multiple engagements in a
single visa approval period. The League, in partnership with our
national performing arts sector colleagues, will submit detailed
comments to USCIS. We encourage you to consider submitting comments on
behalf of your orchestra to give greater voice to the concerns about the
artist visa process. We've drafted sample talking points that may be
modified to include details about your orchestra's experience with the
visa process. Comments must be received by USCIS by May 24, 2010.
Participate in the Comment Process
League Calls for Urgently Needed Major Improvements
We know that challenges with the artist visa process abound. That's why
the League and our national partners have been in close communication
with top officials at the White House, in Congress, and at USCIS to call
for immediate improvements.
Visa Problem? Help Us Help You
If your orchestra receives an unusual request for evidence, or your visa petition is denied, please contact the League as soon as possible. Your specific case examples are essential to improving artist visa policies - and we can also help you navigate a crisis. We need to hear from you as early as possible to be of help.
Unified Advocacy Continues
The League's efforts to improve the visa process for guest artists are conducted in close collaboration with our advocacy partners in the Performing Arts Visa Working Group: American Federation of Musicians, Association of Performing Arts Presenters, Dance/USA, North American Performing Arts Managers and Agents, OPERA America, Performing Arts Alliance, and Theatre Communications Group, and under the guidance of immigration attorney and www.artistsfromabroad.org author Jonathan Ginsburg. In addition to representing orchestras before USCIS and the White House, we continue to work with Congress to seek a legislative remedy to improve the reliability and efficiency of visa processing. This issue was also included as an advocacy priority during national Arts Advocacy Day, endorsed by dozens of national arts organizations.
USCIS Reinstates Multi-Venue Petition Process!
Orchestras can once again file a single
visa petition for artists engaged for performances at multiple venues
in the United States. In response to concerns expressed by the League
and the broader national performing arts community, U.S. Citizenship
and Immigration Services (USCIS) has reinstated the ability of a
petitioner to file a single petition for artists coming to the U.S. for
an itinerary of events with multiple arts organizations. Over the past
two months, the League and our coalition partners communicated with top
officials at USCIS, on the Hill, and in the White House to urge a
return to this practice, which is more efficient and affordable than
submitting multiple visa requests for a single itinerary of performance
events.
In October, USCIS issued a memo revoking the ability of a U.S.-based
employer to file a single petition for artists coming to the U.S. for
an itinerary of events with multiple arts organizations - unless the
petitioner is “in business as an agent.” A November 20, 2009 memo
now directs the USCIS service centers to accept multi-venue petitions
filed by organizations that act as an agent only for the purpose of
submitting a visa petition.
When seeking visa approval for an itinerary involving multiple employers or venues, the petitioner does not have
to demonstrate that it normally serves as “an agent” outside of the
petition process. Instead, USCIS indicates that petitioners can include
a statement, signed by the various venues or employers, establishing
that the petitioner is authorized to act as agent for the limited
purpose of filing the petition with USCIS. We’ve posted on the Artists
from Abroad website a sample form that petitioners should consider including when applying for a single visa approval on behalf of multiple venues or employers.
If an artist plans to travel to the U.S. for multiple engagements, and
a single U.S. organization is submitting the visa petition, the entire
petition must be carefully assembled to satisfy all USCIS requirements.
Since the November memo was issued, we’ve been in communication with
USCIS to seek further clarity on the petition requirements. Additional
updated guidance is now available on the Artists from Abroad website, prepared under the advisement of attorney Jonathan Ginsburg of FTM Arts Law.
Learn More about How to File a Visa Petition
Important Update! New USCIS Rules for Shared Visa Petitions
Multiple orchestras engaging the same foreign guest artist to perform
in the U.S. frequently work together to submit a single visa petition
that will cover all engagements. Overturning nearly 20 years of this
practice, U.S. Citizenship and Immigration Services (USCIS) has announced new policies
revoking the ability of a U.S.-based employer to file a single petition
for artists coming to the U.S. for an itinerary of events with multiple
arts organizations - unless the petitioner is in business as an agent.
If
an artist plans to travel to the U.S. for multiple engagements, and the
petitioning U.S. organization IS NOT in business as an agent, each U.S.
employer must file a separate visa petition. If timing permits,
consider encouraging the guest artist to await the approval of all
petitions - or at least those petitions encompassing the beginning and
end of the requested classification period - before visiting a U.S.
consulate to process the visa. By presenting all approval notices at
once (or at least the beginning and ending ones), the artist may avoid
the need for multiple consular visits, interviews, and accompanying
fees.
If an artist plans to travel to the U.S. for multiple
engagements, and the petitioning U.S. organization IS in business as an
agent, the petition must be carefully assembled to satisfy new USCIS
requirements. While it is not clear what documentation is needed to
prove that the petitioner is "in business as an agent," we suggest that
the agent include a signed Appointment of Agent Form.
USCIS
warns that multiple-employer petitions filed by any petitioner not in
business as an agent will be approved only for the period of time
covering the petitioner's direct employment of the artist. Follow the
new guidance we've posted on www.artistsfromabroad.org to prevent petition rejections or time-consuming re-filing for engagements not included in a petition approval.
Learn More About Who Can Serve as a Petitioner
Support League Efforts to Reverse this Policy
The
League is working with partners in the national performing arts
community to reverse this detrimental, costly, and unjustified policy
shift by USCIS. We ask that you please contact the League's Washington,
D.C. office and keep us informed of the impact of this policy on your
orchestra, whether it results in increasing costs, changes in
scheduling, or any other kind of difficulty you may encounter.
Inform the League About Your Visa Experience
August 20, 2009
Act to Avoid Visa Delays
If your orchestra engages international artists, please be aware of the
following visa trends and act to avoid delays! The League, together
with our colleagues in the Performing Arts Alliance, American Federation of Musicians, and NAPAMA, recently met with senior officials at U.S. Citizenship and Immigration Service (USCIS) headquarters and are calling for improved visa policies.
File Early!
Recent developments at USCIS, the federal agency that processes artist
visa petitions, are causing delays. USCIS is responding to many
well-assembled visa petitions with unusual and time consuming requests
for additional evidence. Also, contradicting current regulations and
previously-approved practice, USCIS has recently rejected some
"multiple venue" petitions, in which a single orchestra applies for a
visa on behalf of multiple orchestras engaging the same the artist.
Filing your petition as soon as an artist is confirmed can provide the
necessary cushion to help absorb unexpected USCIS delays. USCIS will
accept visa petitions filed up to one year in advance of a performance.
Find more details on the Artists from Abroad web site.
Help Us Help You
If your orchestra receives an unusual request for evidence, or is
denied the opportunity to file a multiple venue petition, please let us
know. Your specific case examples are essential to improving artist
visa policies
Artist Visa Act Reintroduced
Relief may be on the way for orchestras and other performing arts
organizations continuing to encounter significant delays and
unpredictability when applying for visas for foreign guest artists. On
March 31, Rep. Howard Berman (D-CA) and eight other bipartisan
co-sponsors reintroduced the Arts Require Timely Service (ARTS) Act,
which would streamline the artist visa process. The League, in
partnership with our national partners in the Performing Arts Alliance
and the American Federation of Musicians, is again seeking passage of the bill.
The ARTS Act passed in the House in 2008, but did not clear the Senate
before year's end. The League's D.C. office will alert you of strategic
moments when your advocacy is needed on this issue. In the meantime,
please
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to share your examples of visa concerns or to seek help in navigating the visa process.
Learn About the ARTS Act and League Visa Services
Clarification on Accountable Plan Rules!
The League has recently obtained important clarification from the Internal Revenue Service (IRS) regarding expense payments for foreign guest artists. As you likely know, published and verbal guidance from the IRS has been confusing and contradictory on the question of whether expense reimbursements and payments made to third parties on behalf of foreign artists are subject to withholding. Previous guidance from the IRS - including guidance provided during League-hosted webinars and sessions this past summer - has indicated that these payments are subject to withholding. The newest word from the IRS, however, indicates otherwise.
The most recent verbal guidance from the IRS, as well as the IRS’s written guidance, indicates that the "accountable plan rules" are applicable to nonresident aliens working as independent contractors in the United States. In effect, an expense reimbursement made to a foreign artist in accordance with these rules is not reportable as income – and is not subject to 30% withholding. The accountable plan rules also apply to expenses paid to third parties on the artist’s behalf (e.g., hotel accommodations and/or travel paid for or provided by a presenter). Learn more about the rules - and exceptions - in our updated guidance regarding payments subject to withholding on the Artists from Abroad web site.
Find Complete Background and Details
Steer Clear of IRA Penalties
If your orchestra engages musicians from abroad, it's important to know that the tax rules are very different than the usual procedures for U.S. musicians. To help orchestras avoid IRS penalties, the League offered two webinars on this topic in May and continues to provide online technical assistance. Visit Artists from Abroad and check out the tax section for updated guidance and links to all of the forms needed to comply with IRS rules.
Visit ArtistsfromAbroad.org Today!
Artist Visa Act Passes in the House!
Today the U.S. House of Representatives passed legislation to improve the artist visa process! The "Arts Require Timely Service (ARTS) Act", H.R. 1312, is sponsored by Rep. Howard Berman (D-CA) and 12 other bipartisan leaders, and would improve the reliability, efficiency, and affordability of the artist visa process by requiring USCIS to treat as a Premium Processing case, free of additional charge, any arts-related O and P visa petition that it fails to process within 30 days.
Before the ARTS Act can be signed into law, it must next be approved in the Senate. The House bill will soon move to the Senate for consideration, where the groundwork for support has already been set by Sens. John Kerry (D-MA) and Orrin Hatch (R-UT) who introduced a similar provision, S. 2178. The League will continue working closely with the Senate to advance this measure and bolster support as the bill heads toward a vote. Congratulations! Your advocacy has advanced this issue through the House!
Learn More about the Vote
Advocacy by the nonprofit performing arts sector, including recent targeted advocacy efforts by orchestras, is producing results on the Hill.
Yesterday, legislation to improve the visa process for artists was approved by the House Judiciary commitee. The "Arts Require Timely Service (ARTS) Act", sponsored by Rep. Howard Berman (D-CA) and 10 other bipartisan congressional leaders, would make the artist visa process more reliable, efficient, and affordable for nonprofit arts-related petitioners.
In yesterday's House committee action, amendments that would have drastically limited the effectiveness of the ARTS Act were defeated and the Act was approved for consideration by the full U.S. House of Representatives.
An identical provision, S. 2178, has been introduced by Sens. John Kerry (D-MA) and Orrin Hatch (R-UT). As Congress finishes its work for 2007, the League and our colleagues in the Performing Arts Visa Task Force will continue to advance these improvements to the visa process. We will keep you posted regarding specific, strategic advocacy opportunities!
Learn more About the ARTS Act 58.95 Kb
In late September, the League met with top officials at the processing unit in California - one of two locations that processes all arts-related visa petitions -to describe the visa obstacles encountered by orchestras and gain insights into the petition process.
U.S. Citizenship and Immigration Services officials were welcoming, listened to the concerns of arts petitioners, and provided helpful information about the current visa process. The California processing center alone receives nearly 60,000 petitions each month for a wide array of visa classifcations for workers and visitors traveling to the United States. Simply getting an artist's petition through the mailroom can be a significant challenge.
We've updated the ArtistsfromAbroad.org web site to reflect new tips that can help your visa petition makes its way more quickly and reliably.
Avoid Delays and Expense - Follow these Tips!
Foreign artists are subject to specific tax withholding rules. The IRS has recently announced plans to beef up enforcement of these withholding requirements. According to an IRS official, "The bottom line is the IRS is concerned that foreign athletes and entertainers pay their fair share of withholding tax and do the proper reporting for earnings in the United States."
To be sure your orchestra is familiar with the tax requirements for foreign guest artists, please consult the tax section of the Artists from Abroad web site.
As the IRS considers creating new guidance and outreach regarding foreign artist withholding, the League and our national partners are conveying the unique concerns of the nonprofit performing arts community.
Learn about Tax Rules for Foreign Artists
Please direct any related questions to Heather Noonan, Vice President for Advocacy, This e-mail address is being protected from spam bots, you need JavaScript enabled to view it or Najean Lee, Government Affairs & Education Advocacy Manager, This e-mail address is being protected from spam bots, you need JavaScript enabled to view it .
The League is a member of the Performing Arts Alliance, a coalition of national performing arts service organizations dedicated to advocating for national policies that recognize, enhance, and foster the contributions the performing arts make to America.