recent updates
April 1, 2025
ENTERING THE USA
Though it has always been the case, when entering the USA, US Customs and Border Patrol (CBP) (as well as consulate personnel) are on the lookout for any past violations such as entering to perform with an ESTA or B-1/B-2 violations. These classifications are not for performing artists. They are also looking at violations of F, J, M, and H status or past arrests of any kind.
As regards the Trump administration’s proposed travel/visa ban from over 40 countries (including Iran, Russia, Venezuela) it has been indefinitely postponed, with no new date set. The State Department said on March 31 it is continuing to work on the report that would serve as the basis for the anticipated visa restrictions but could not say when it would be ready.
DO NOT PANIC if you have a proper O or P visa.
However, a couple suggestions when traveling here:
1. Have a copy of:
· the I-797B Approval Notice (even though you have visa issued into your passport)
· petition Form I-129
· petition cover letter
· itinerary
· performance agreements/contracts
More often than not one is not asked for these. However, it is always best to be prepared in case asked to present them. I recommend one travels with these documents or have access to them. If traveling as a company, a company member can carry these documents, though each person should at least have their I-797B Approval Notice. And, it is always best to have someone the artist trusts (management, petitioner, friend) have access to these documents along with copies of passport and visa stamp.
2. Be familiar with your intended activities while in the U.S.
3. If you ever traveled here in the past with an ESTA, B1/B2 or as a student be prepared to address these occasions.
4. Be prepared to explain that while you may work here often your permanent residence is somewhere else.
5. Never lie. Be courteous. Be yourself. Don’t overexplain or start to ramble.
YOU ARE IN - NOW WHAT?
Customs and Border Protection (CBP) has automated the Form I-94 Arrival/Departure Record for air and sea arrivals, meaning one no longer receives a paper I-94. CBP will automatically generate a digital record that confirms that you have been legally admitted into the U.S. and for how long you can stay (in principle the expiration date of your visa). Whatever date the CBP officer records as the departure date on the I-94 will be the absolute last day that the individual can be in the country. Staying on beyond that date constitutes an overstay and can jeopardize your chances of ever returning in the future.
Before saying thank you to the CBP officer, ask when your I-94 will be available online. Generally, in 2-5 days. At that point the artist, or someone they know, goes online to https://i94.cbp.dhs.gov. Click on “Get Most Recent I-94”, enter your information (name, date of birth, country of birth, passport number) and you will be taken to the most recent I-94. Print this out, or take a screen shot, and have accessible at all times. You can also go to the tab “View Travel History”, enter the same information and then you are taken to pages with your complete travel history to the U.S. going back 10 years.
If arriving by ground, the CBP should issue a paper I-94 – make sure it reflects your correct status and dates.
The I-94 is considered your lawful record of admission. If someone requests your admission information, this is the form you would provide.
When departing the USA by air, you do not need to do anything different - departure information will be entered electronically.
If you entered by land and an I-94 was issued, continue to surrender these upon departure to CBP.
If your visa includes multiple entries to USA – retrieve updated I-94 after each entry.
CONSULATE SLOW DOWNS AND DELAYS
The Department of State has announced plans to lay off consulate staff. This means less staff at US Consulates to process visa stamp applications, which also means even longer wait times for interview appointments and to process visa stamp applications. In addition, DOS has announced plans to close more than a dozen consulates, mostly in Western Europe. The list includes consulates in Florence, Italy; Strasbourg, France; Hamburg, Germany; and Ponta Delgada, Portugal. Many of those do not issue visa stamps, but for those that do, it will mean some countries will have only a single US consulate, creating even more delays and wait times at those consulates.
Further adding to an anticipated increase in consulate interview appointments is that DOS has also decreed that interview waivers will no longer be automatically granted or even available, even if a person has previously been given an interview waiver. Consulates can still continue to refuse interview waivers for any reason. As each consulate makes up its own rules, the only way to know anything is to check the website of the consulate where you intend to apply for your visa stamp.
SERVICE CENTER PROCESSING TIMES (04-01-25)
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 better at communicating with each other in these cases.
Currently, the published processing times for the CSC are 10.5 months for O and 9 months for P. For VSC the published processing times are 4.5 months for O and 2.5 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. Having said that I have had a couple P petitions adjudicated by CSC in 4 months.
In most cases I recommend one file Regular processing in the hopes petition(s) is transferred to the VSC, though plan for the worst and have funds available for Premium.
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.