Canadian Musician - May/June 2023 | Page 46

year . Your band or music group must have sustained international acclaim in more than one country or in one country only , but under special circumstances *. You need to have clout and the evidence and history to back it up ! What evidence do you need ?
Evidence of a Significant National or International Award or Prize . Got a stack of Juno nomination certificates ? Polaris Prize long-listed ? Grammy nominations or wins ? Another significant national award ? Save these ! Hit up your attorney and make sure they put a copy of the certificates or wins in your Petition packet !
* Ask a lawyer about what “ special circumstances ” means if you think you ’ re in a nationally known group or band that may otherwise qualify for a P-1B
Don ’ t have a significant or international award or prize ? Don ’ t fret ! You may still qualify . Alternatively , you can qualify for an P-1B by showing three of six of the following criteria , similar to an O-1B below !
Fees and Costs To File : Here are the approximate costs to file an P-1B visa . Fees can change and range !
Attorney Fees : Start around $ 7000.00 USD + and can range depending on if you have support personnel coming with you .
Filing Fees : Filing fees paid to USCIS can change . Make sure to reach out to us or check the USCIS website . However , right now , the fees are :
Regular Fee : $ 460.00 USD
Expedited ( Rush ) Fee : $ 460.00 ( Regular Fee ) + $ 2,500.00 USD Advisory letters of support can range from approx . $ 250-350.00 USD
You may be required to pay a DS-160 fee after your visa is approved , which is $ 190.00 per member .
Make sure to budget an additional $ 200.00 USD for copies and postage
HOT TIP : Start working on your Petition EARLY . As you can see , a lot of time goes into acquiring the evidence and information required for your Petition . If you need to rush the application , it ’ s possible , but expect extra fees and costs .
If you have essential personnel or crew ( such as an artist manager , business manager , creative director , lighting or sound techs ,
46 CANADIAN MUSICIAN dancers , makeup etc .), you can apply for an P-1s visa for them to accompany you and assist with your work . Support personnel require a separate fee .
If you have a spouse or child , you can petition for them to accompany you via an P-4 visa . Your spouse cannot work in the U . S ., but they can study part-time or full time .
O-1B Visa ( For Artists , Producers , Songwriters , Music Directors , Music Creatives etc ) Are you a musician , producer , songwriter , composer , creative director , actor / actress , photographer or another type of creative professional who has been offered a gig in the USA ? If so , you may qualify for a visa for “ Extraordinary Ability in the Arts ” also known as an O-1B visa !
How far in advance do you need to look at the requirements and start putting your paperwork together ? I suggest right now ! Preparing the documents to secure a visa can take a lot of time . Even if you ’ re at the beginning stages of your career , it ’ s helpful to look at the requirements if you do eventually want to work in the USA .
I ’ m pumped for ya ! Now let ’ s get you to the USA ! O-1B visas can be issued fairly quickly ( within a 6 month period via regular processing ) IF you can make a strong showing that you fulfill the requirements I outline below . However , unless you have a couple of Grammy ’ s , and I don ’ t mean the kind that chases you around with a wooden spoon and makes you biscotti , do not rely on an expedited approval from United States Customs and Immigration Services (“ USCIS ”) if you have an upcoming gig . Review the processing times on the USCIS website or talk to an attorney about processing times and try to apply as far in advance as possible .
How Long is an O-1B good for ? An O-1B visa can be issued for the length of time necessary for the particular event or series of events (“ event ” is also interpreted liberally , it could mean , for example , you ’ re part of an ongoing production team !) up to three years , with unlimited 1-year extensions .
How do you qualify ? To qualify for an O-1B , you must have sustained national or international acclaim . Your achievements must show a record of prominence in your field . You must be coming to the United States to continue work in your area of extraordinary abilities . You need to have clout and the evidence and history to back it up ! What evidence do you need ?
Evidence of a Significant National or International Award or Prize . Got a stack of Juno nomination certificates ? Polaris Prize long-listed ? Grammy nominations or wins ? Another significant national award ? Save these ! 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 qualify for an O-1B by showing 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 can also demonstrate you ’ ve played a critical or leading roll in the production or events .
For future events , make sure to submit an itinerary AND ALSO 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 , a television breakfast or late night show , a significant tour or livestream , or another similar event .
Examples of evidence : advertisements or pr releases , written reviews from critics , magazine articles , letters of reference from the compan ( ies ) employing you for the event .
National or International Recognition for Achievements You can submit evidence of national or international recognition for achievements . It ’ s easiest to explain this factor through evidence examples . Acceptable evidence about you includes : 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 . PR agents are great at helping you secure this kind of coverage !
Lead , Starring or Critical Role for Distinguished Organizations , Establishments , Companies . What ’ s the difference between this factor and the factor concerning events and productions ? In this factor you ’ re demonstrating you ’ ve performed in the past and will perform in the future for organizations , companies , establishments that have a distinguished reputation , whereas the other factor relates to distinguished production or events . For example , maybe your coordinating or participating in music events for a