International Artist Visa Processing

In late June, the Department of State announced that nonimmigrant visas, such as the O and P visas used by artists, are inherently exempt from the restrictions of the Administration's travel ban which bars people entering the United States from Iran, Libya, Somalia, Sudan, Syria, or Yemen.

The State Department announcement follows the U.S. Supreme Court's June 26 decision to lift a lower court's injunction on the ban. In this decision, the Court stated that individuals accepting a job offer from an American company may be considered to have a "bona fide relationship with a person or entity in the United States" and, thus, not be subject to the travel restrictions. The final decision for visa approvals rests with consular officials. You can find the State Department's announcement and learn more about the exemption of O and P artist visas on Artist from Abroad.

Artists from Abroad shares this update on the Executive Order travel ban, explaining that per a recent Department of State announcement, nonimmigrant visas, such as the O and P visas used by artists, are inherently exempt from the restrictions of the Executive Order:

As of June 29, 2017, at 8:00 pm Eastern Daylight Time, the Department of State began implementing the Executive Order at embassies and consulates abroad. The Department of Homeland Security’s public statement on the decision said the agency plans to carry out the executive order “professionally, with clear and sufficient public notice, particularly to potentially affected travelers.” As articulated in the Court’s decision, individuals accepting a job offer from an American company may be considered to have a “bona fide relationship with a person or entity in the United States” and, thus, not be subject to the travel restrictions (more).

Artists from Abroad provides this update on the Administration's new executive order restricting travel to the US for foreign nationals from Sudan, Syria, Iran, Libya, Somalia, and Yemen: 

"The White House has revoked the executive order announced on January 27, 2017 and has issued a new executive order that takes effect on March 16, 2017. According to the U.S. Department of Homeland Security (DHS), beginning on March 16 and, “(f)or the next 90 days, foreign nationals from Sudan, Syria, Iran, Libya, Somalia, and Yemen who are outside the United States on the effective date of the order, do not currently have a valid visa on the effective date of this order, and did not have a valid visa at 5:00 eastern standard time on January 27, 2017, are not eligible to travel to the United States.”

U.S. Citizenship and Immigration Services (USCIS) updated several forms and filing fees on December 23, 2016, including the form I-129 for O and P artists visas. As of February 21, 2017, USCIS is no longer accepting previous versions of those forms.

Always visit uscis.gov/forms for free downloads of the latest forms. You can see the complete list of the new fees at uscis.gov/forms/our-fees, and for guidance on the petition process, remember to visit Artists from Abroad.

PAA has signed on to a joint statement created with other national arts organizations that urges "policy leaders to retain access to artist visas and support opportunities for world-wide cultural exchange." PAA believes that global cultural exchange is important now more than ever, and U.S. nonprofit performing arts organizations boost international diplomacy by collaborating with international guest artists for events, programs, and performances.

The Administration recently announced that it is drafting a new executive order on immigration policy to be issued soon, following court action that suspended implementation of the president's prior executive order. To stay up-to-date on the latest news on the artist visa process, visit www.artistsfromabroad.org.

On February 9, 2017, a federal appeals court denied the request by the Department of Justice to reinstate the travel ban for individuals using passports from Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen. The American Immigration Lawyers Association reported that on February 3, 2017, the United States District Court for the Western District of Washington issued a temporary restraining order on a nationwide basis related to the Executive Order. See Artists from Abroad for more information.

Artists from Abroad shares this update on President Trump's recent executive order that affects screening, visa issuance, and admissions procedures for individuals from Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen.

"On January 27, 2017, President Trump signed an Executive Order that immediately affects screening, visa issuance and admissions procedures for individuals from Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen. This order applies to anyone who holds a passport from any of these 7 designated countries, including dual citizens with passports from both a designated and a non-designated country. Those dual nationals holding U.S. citizenship remain able to re-enter the U.S., but they should expect additional scrutiny and delay on entry. Similarly, the Executive Order does NOT apply to people who merely traveled to designated countries, though travel to those countries also may cause additional questioning and delay on entry into the U.S. (more).

U.S. Citizenship & Immigration Services (USCIS) recently announced it will increase the I-129 filing fee for a non-immigrant worker-which includes O and P artists visas-from $325 to $460. The new fee becomes effective on December 23, 2016. Earlier this summer, PAA joined a coalition of advocates objecting to a fee increase and calling for improvements to the O and P visa process.
 
Petitioners should plan for this increased cost for visa applications postmarked  on and after December 23, 2016. The Premium Processing Service fee remains $1,225. For more information on fee increases, visit Artists from Abroad.

U.S. Citizenship & Immigration Services (USCIS) is considering an increase to the filing fee for an I-29 petition for O or P artists visas, making it more costly to apply for the required visas for foreign guest artists. The current fee is $325 and the proposed fee is $425. This proposed increase does not affect the Premium Processing Service fee.

The Performing Arts Visa Working Group, of which PAA is a member, submitted comments to USCIS opposing the steep fee increase and asking for improvements to the O and P visa process such as reduced processing times for petitions and improved reliability and consistency with petition adjudication. You can read the complete comments here.

On Monday, February 8, the Arts Require Timely Service (ARTS) Act was reintroduced in the Senate by Sen. Orrin Hatch (R-UT) and Sen. Patrick Leahy (D-VT). The bill (S. 2510) would improve opportunities for international cultural activity by ensuring that U.S. Citizenship and Immigration Service (USCIS) processes artist visas within a reasonable timeframe.

 Many U.S. nonprofit performing arts organizations partner with guest artists from abroad for performances and educational projects. Petitioners often navigate an uncertain process for gaining approval for O and P visas to bring those artists to the United States. Difficulties include lengthy processing times, inconsistent interpretations of requirements, and unwarranted requests for further evidence.

 The ARTS Act introduced this week would make the visa process more reliable and affordable. It would require that if a petition filed on or behalf of a U.S. nonprofit arts organization isn't processed within the 14 days required by statute, USCIS would have to treat that petition as a Premium Processing case free of charge.

 The ARTS Act has a strong history of bipartisan support. It was most recently included as a provision in the comprehensive immigration reform bill that passed in the Senate in June 2013. Your voice was vital then, and we need you to speak up for the arts again and ask your Senators to co-sponsor this bill!

Click the link below to write your Senators and take action on the ARTS Act!

Arts organizations that engage foreign guest artists should be aware of substantial processing delays at the U.S. Citizenship and Immigration Services (USCIS) service centers. Both service centers are reportedly taking a minimum of 8-10 weeks to process petitions, with Vermont taking even longer. Many organizations are opting to file via Premium Processing Service (PPS), so be advised that if you have engagements for foreign guest artists taking place before the spring, your safest bet may be to upgrade your petitions to PPS. Please see ArtistsfromAbroad.org for more information and additional resources.

U.S. arts organizations that engage foreign guest artists should be aware of processing delays for regularly-filed petitions. Many petitioners are experiencing a turnaround time of 6-8 weeks or more at the Vermont Service Center. Petitioners should plan accordingly and attempt to file as early as possible or to consider Premium Processing for their petitions.

In other news, petitioners should be aware that a new edition of the I-129 form to file for the O and P classifications was updated last month, and earlier in the year the I-907 form for Premium Processing Service was updated as well. Always download the latest forms from uscis.gov when filing a petition to engage a foreign guest artist and keep up with the latest news, tips, and templates at Artists from Abroad.

On June 19, the State Department reported a technical issue with the part of its visa processing system that performs security checks and identity verification. While this system is down, it is highly unlikely that visas will be issued. 

The State Department reports that it is working on a variety of solutions to this problem, yet it does not have an estimated date for when this problem will be resolved. The Department has created an FAQs page to answer common questions. You can also visit Artists from Abroad for more information.

On June 11, improvements to the U.S. visa process for international guest artists—called the Arts Require Timely Service (ARTS) provision—were introduced in the Senate by Senators Patrick Leahy (D-VT) and Orrin Hatch (R-UT). The provision was a part of an amendment to the comprehensive immigration reform bill that was under consideration in the U.S. Senate. As the Senate began debate of comprehensive immigration reform, the PAA joined a coordinated effort by a broad array of national arts organizations supporting improvements to the visa process.On June 20, the ARTS provision was wrapped into a broader package of amendments to the comprehensive immigration reform bill. On June 27, the Senate passed the bill with the ARTS provision included. The immigration bill will next be sent to the House of Representatives.

The paper card issued to foreign working artists upon arrival to the U.S. is going electronic. U.S. Customs and Border protection has announced that beginning April 30 and throughout mid-May, issuance of paper I-94 cards will be phased out at U.S. airports. Verification of an individual’s visa status and the length of the approved stay will be accessible online. The new site will be up and running as of April 30. While information about a visitor’s visa classification will be stamped into his/her passport and be accessible electronically, the I-94 remains the most important form of legal documentation for visa holders upon arrival in the U.S. It is advised to print a hard copy. Learn more about this new development on ArtistsfromAbroad.org.