recent updates

November 4

Processing times update:
The Texas Service Center (TSC) continues to transfer the majority of petitions to the California Service Center (CSC) rather than the Vermont Service Center (VSC). And, the TSC continues to split principle and support personnel petitions between CA and VT, though they are getting a little better at communicating with each other in these cases.

Currently, the published processing times for the CSC are 7 months for O and 7.5 months for P. For VSC the published processing times are 4 months for O and 2 months for P. As it is near impossible for artists to apply 7-8 months in advance, it’s pretty much a given that if your petition is transferred to CA you will have to file Premium Processing or upgrade to Premium at a cost of $2,805.00/petition. Insulting and unconscionable!

In most cases I recommend one files Regular processing in the hopes petition(s) is transferred to the VSC, though plan for worst and have funds available for Premium.

August 8, 2024

We all expected and indeed were told by USCIS the fee increases would result in better customer service and timely processing of O and P petitions. The exact opposite is taking place. Their idea of all petitions first being sent to the Texas Service Center (TSC) and after an initial review, scanned and transferred to either CA or VT service centers is wreaking havoc. The CA service center is currently taking 5.5-6 months to process Regular Processed petitions and VT 2-2.5 months. These processing times are now less consistent than at any time since the creation of the O and P visa classifications in 1990. Most petitions are being transferred to CA. 

Further, on occasion, with cases where there is a principle O-1B or P-1B with an accompanying O-2 or P-1S for support personnel, the TSC has split the petition transfers between CA and VT. This happened with a recent client where the P-1B was transferred to VT and approved in a timely manner but the P-1S was transferred to CA who sat on it. In the end we had to bring in Senator Schumer's office and pay out $2,805. for the Premium upgrade for the P-1S. In another bizarre case of a colleague's, the TSC, in scanning two petitions in preparation for electronic transfer to either CA or VT, mixed up the petition contents and VT got a petition that was a little of one and a bit of another! Adding insult to injury, USCIS has hired many new officers who are inexperienced and untrained, can’t read and see 1 + 1 = 2. Requests for Evidence are being issued at an alarming rate, often for unfounded reasons, regardless of how meticulously a petition is presented. These cause all manner of delays and added expense.

These policies mean that when one files a petition it might go to Vermont and might be processed in a month or two, or it might go to California, and in all likelihood the artist will be forced to pay an additional $2,805. (per petition) to ensure processing within any reasonable timeframe. It is now apparent that when an artist is considering touring in the U.S., almost regardless of when they start the visa process, they will need to budget an extra $2,805. (per petition)  for Premium Processing if needed. All of this is a massive blow to artists wishing to tour the USA and the U.S. organizations that work with international artists.

Advocacy groups (among them Tamizdat, the League of American Orchestras and the Performing Arts Visa Working Group) are working hard to ascertain how aware USCIS is of the scope of the problem they have created and formulating strategies for change, including working with congressional offices, supportive agencies, and legal action. Thus far, nothing positive has resulted. 

Onward through the fog.......

April 5, 2024

Greetings Friends and Colleagues,
On April 1 USCIS issued its final rulings on fees and reductions.
The old I-129, as you all know, was $460.00.

The new rates are:
If filing an O petition (limited to one beneficiary per petition for O-1B; limited to 25 beneficiaries per petition for O-2) $1,055.00 plus Asylum Program Fee $600.00 - Total $1,655.00
If you are filing a P petition (limited to 25 beneficiaries per petition): $1,015 plus Asylum Program Fee $600.00 - Total $1,615.00
(Note: the Asylum Program Fee is new, never existed prior to April 1)  

Reductions:
If you are filing an O petition as a Small Employer: $530 plus Asylum Program Fee $300.00 - Total $830.00
If you are filing as a non-profit there is no Asylum Program Fee.

If you are filing a P petition as a Small Employer: $510.00 plus Asylum Program Fee $300.00 - Total $810.00
If you are filing as a non-profit there is no Asylum Program Fee.

The good news is GAMI/Simonds qualifies for the “small employer” fee reduction!

If there is an accompanying petition for essential support personnel (O-2, P-1S, P-3S) then double the above I-129/Asylum Program Fees.

Additional fees that apply to all petitions:
Labor union consultation fee $300.00 - $500.00 pending the union(s) and whether use expedited service
GAMI/Simonds hard costs: $300.00
GAMI/Simonds fee: please contact Don Verdery

Note: for those companies with more than 25 personnel (performer or essential support personnel), there is now a cap of 25 beneficiaries per petition. This applies to O-2, P-1B, P-1S, P-3, P-3S. Which means, if you are a company (dance, theatre, circus) and have 35 performer personnel you will need to file 2 petitions, one for 25 and one for the remaining 10. 

Premium Processing Service (PPS) fee is now $2,805.00 per petition with a processing time of 15 business days rather than 15 calendar days, effectively making it +/-21 days. The only way to avoid this additional cost is to start the process early.

Contact GAMI/Simonds as soon as USA dates are imminent. Do not think you need to wait until all performance dates are confirmed and fully executed contracts are in place. USCIS will accept simple deal memos which can be easier and faster to obtain from a presenter while formal contracts are finalized. One can also submit non-binding deal memos for dates still under negotiation and/or are outside the presenters normal booking cycle. The objective is to demonstrate there is interest in specific dates.

I strongly recommend you allow 5 months for the process.
USCIS now requires all petitions to be sent to the Texas Service Center (TSC). They give it an initial review and then transfer to either the California Service Center (CSC) or the Vermont Service Center (VSC). There is no rhyme or reason where they transfer to.
As of July 16, for Regular Processed petitions:
CSC is taking 6 months to process O petitions and 5.5 months for P.
VSC is taking 2.5 months to process O petitions and 2 months for P.

Add to this the time required to gather materials, create the case(s), submit to labor union(s) and consulate procedure (unless a Canadian citizen). Please know I work closely with my clients to assist them in getting the most effective time period possible. 

Please do not hesitate to reach out with any questions.

I thank you for your support over the years and look forward to serving you in the future.

The Ins and Outs of a visa petition

Please go to Downloads for PDF files of Visas at a glance, O & P classification criteria, required materials and more.

words to the wise …

The ONLY classifications for performing artists are O (individuals) and P (groups of 2 or more).

A few words about “unauthorized” appearances by foreign artists - i.e.: entering without an O (individuals) or P (group) which are the only classifications for performing artists.

 If an artist takes the decision themselves to enter without a proper visa, either with an ESTA or a B1/B2, that’s their decision.
However, if the artist is serious about touring the US on a regular basis, past unauthorized performances will haunt them as they cannot be used as evidence of international recognition when the artist decides to apply for a proper visa.

For presenters there’s little to no risk other than if the artist gets caught entering without the proper visa and denied entry, the presenter’s left with a cancelled engagement – possibly the day of the performance. Many major presenters require an artist to provide the I-797B Approval Notice, and some TV shows demand to see the artist’s passport visa before they’re allowed on stage.

It’s understandable that an artist wants to avoid the high cost and aggravation of applying for a proper visa but not fair to those artists that are going through the process and paying the fees. Artists cannot perform in the U.S. with only a B-1/B-2 visa or in ESTA status regardless of whether or not the artist earns a fee, tickets are sold, the performance is to benefit orphans and widows …. Artists who enter either with a B-1/B-2 visa or in ESTA status entry are considered "visitors/tourists."

There is a very narrow exception whereby artists performing at a "legitimate" booking conference or audition are legally eligible to do so in ESTA status (or with only a B-1/B-2 visa if they are not eligible for ESTA), provided the booking conference or audition is:
(a) closed to the public (which means the performance is restricted to producers,
promoters, agents, managers, or people who may actually engage the artists)
(b) no tickets are sold
(c) no fees are paid to the artist (other than actual, itemized expenses); (d) and the artist
does not intend to perform anywhere else or under any other circumstances whilst in
the U.S.

IF, however, the showcase IS open to the public – even if free – the artist will need a visa.

If caught at the border entering with a B-1/B-2 visa or ESTA for the purposes of public performances, unless you get a CBP officer that is either ignorant of the statutes (not likely) or you actually have a case for your B1/B2 or ESTA you will be denied entry and put on the next flight back. Your ESTA status can be revoked indefinitely and if officer is in an especially bad mood may bar you from an O or P for 5 years or more.

Yet – still artists attempt this – CBP officers are very savvy when it comes to quickly googling someone’s name and lo and behold state: “I see you are performing at The Crossroads tomorrow night”.

So, if attempting to legally enter with a B1/B2, ESTA for a legitimate booking conference or audition, be prepared to argue legal nuances whilst standing in a crowded immigration hall.