Canadian Musician - July/August 2020 | Page 62

BUSINESS Dani Oliva is an artist advocate, speaker, and attorney focused on helping talented creators thrive in the music business. Follow him @olivaesq and visit www.olivaesq.com. By Dani Oliva Have “Extraordinary Abilities” in the Arts? O-1B Visa Options for Musicians & Creative Professionals Have a long-term or recurring gig in the U.S.? You may qualify for an O-1B visa if you have extraordinary abilities in the arts. Musicians, producers, songwriters, creative directors, theatre performers, photographers, and the like can all apply. O-1B visas can be issued fairly quickly if you can make a strong case that you fulfill the requirements outlined below; however, unless you have a couple of Grammys, don’t rely on an approval from United States Customs and Immigration Services (USCIS) if you have an upcoming gig. Try other visa options first if you can! How Long Is an O-1B Valid? An O-1B visa can be issued for the length of time necessary for the particular event or series of events up to three years, with unlimited one-year extensions. (“Event” is interpreted liberally; for example, it could mean you’re part of an ongoing production team!) Hot Tip: Though an O-1B visa can help you qualify for a green card in the future, an O-1B has a limited duration. In your application, make sure that you convey you’re coming to the U.S. for a limited period and that you do not have the intent to permanently stay. How Do You Qualify? To qualify for an O-1B, you must have sustained national or international acclaim with a record of prominence in your field, and must be coming to the U.S. to continue work in your area of extraordinary abilities. You also need to have clout and the evidence and history to support your claim! That includes: Evidence of a Significant National or International Award or Prize – Got a stack of Juno nomination certificates? Grammy nods or wins? Another significant national award? Hit up your attorney and make sure they put a copy of the certificates or wins in your petition packet. Don’t have a significant or international award or prize? Don’t fret! You may still qualify. Alternatively, you can show three of six of the following criteria: Lead or Starring Participant in Distinguished Production or Events – You have to show a history of performing in productions or events which have a distinguished reputation. You also have to show you’re playing a critical or leading role in the production or events. For future events, make sure to submit an itinerary AND evidence which demonstrates that the proposed events have a distinguished reputation. For example, maybe you’re performing at an award show, the Olympic games, Lollapalooza, or a similar event. Examples of evidence: ads or press releases, critical reviews, magazine articles, or letters of reference from those employing you for the event. National or International Recognition for Achievements – It’s easiest to explain this through evidence examples, which include: coverage about you in major newspapers which include circulation figures, major trade journals, major magazines, and other publications. Concerning circulation, it should be specific to the media format in which it was published. For example, if the article was published online, the evidence must relate to the website. Lead, Starring or Critical Role for Distinguished Organizations & Establishments – What’s the difference between this and the factor concerning events and productions? Here, you’re demonstrating you’ve performed in the past and will perform in the future for organizations and establishments that have a distinguished reputation, whereas the other factor relates to distinguished production or events. For example, maybe you’re coordinating music events for GLAAD or another organization. If you’re including testimonials or letters, make sure they include details such as the credentials of the author of the letter, details about your achievements, and the author’s basis of knowledge of your role. Hot Tip: Testimonials or letters that describe your personal characteristics, qualities, skills and/ or talents are not sufficient; the letters need to identify specific achievements which garnered significant recognition in your field. Commercial Acclaim or Success – Ratings, ratings, ratings. Did your song hit the Billboard Hot 100 or college radio charts? Are you charting nationally or internationally? Include all of that data. Gold or platinum record? Congrats! Include that info too! (Heck, you can even send a pic of your plaque.) Hot Tip: Make sure you’re recording your physical off-stage sales in other countries. Countries have different systems to do this. In the U.S. and Canada, you can use Nielsen SoundScan through the atVenu system to report this data. Sometimes you have to pay an annual fee to be able to record sales, which can add up, but if you’re attempting to qualify for a visa, this data is helpful. Remuneration Do you get that cash cash money money for what you do? That’s an important factor! You can submit evidence showing you command or have commanded a high salary or substantial payment for what you do compared to others in your field. Evidence includes: copies of contracts (equity in lieu of cash for services is okay), statistical comparisons of salaries in your field from a government or private institution or similar organization compared to others in your field, and testimony from industry experts. For statistical comparisons, consult the Bureau of Labor Statistics, Department of Labor Career One-Stop websites, or the Department of Labor’s Office of Foreign Labor Certification Online Wage Library, all of which are suggested by USCIS. Summary If you can show three of these six criteria successfully, USCIS deems that you have demonstrated extraordinary ability in the field of art, and your petition for a visa will be granted. USCIS may send you a letter requiring additional information to process your application, and you can provide more evidence or information in support of your petition. If you’ve attempted this process yourself and have a chance to submit supplemental information, I would recommend having an attorney help you assemble a supplemental packet. Hot Tip: Start working on your petition early. As you can see, a lot of time goes into acquiring the required evidence and information. If you have essential personnel, you can apply for an O-2 visa for them to accompany you and assist with your work. If you have a spouse or child, you can petition for them to accompany you via an O-3 visa. Your spouse cannot work in the U.S., but they can study part-time or full time. Best of luck with your visa application! 62 CANADIAN MUSICIAN