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How to Work in the U . S . As an Emerging Canadian Artist or Band
By Dani Oliva
If you ’ re a Canadian artist or in a band , and you ’ d like to work in the U . S ., but don ’ t qualify for the expensive and difficult O-1B visa , you ’ re in luck ! You can apply for a P-2 work permit . The reciprocal agreement between the Canadian and American Federation of Musicians (“ C / AFM ”) allows Canadian artists and bands to work in the U . S . by applying for a P-2 work permit . I have had a lot of questions lately about the eligibility criteria and how to apply , so allow me to walk you through the details !
1 . You must be a Canadian citizen , permanent resident , or have a visa to live and work in Canada If you are a permanent resident or have a visa to live or work in Canada , you can apply for a P-2 to work in the U . S . However , the requirements to apply are slightly more complicated and require you meet with a consulate officer . I would recommend you have a manager or attorney experienced in filing P-2s assist you .
2 . You must be an artist or in a band You must be an artist or in a band . If you are a producer , songwriter , or creative director , you cannot apply for a P-2 . You may have been told differently in the past . However , C / AFM has clarified that only artists and bands are eligible for P-2 work permits . If you have personnel , such as a manager , technicians , or other crew that help you , you can apply for a work permit for them too , but the initial P-2 work permit has to be issued for an artist or band .
3 . You must have a reason to be working and living in the U . S . You have to have a reason to be in the U . S . Tha t may go without saying , but you have to have concrete plans to perform , record , song write in sessions , and / or attend meetings in the U . S . If you are only attending meetings , instead of a P-2 , apply for a B-1 support letter .
4 . You must provide an itinerary You have to provide an itinerary of dates and places you will be working in the U . S . for the P-2 work permit . That means , if you have plans to be in the U . S . for the maximum allowable time under a P-2 ( one year ), you must specifically outline your plans .
If you ’ re touring , the easiest way to do this is to speak to your booking agent about providing you with an itinerary of dates , venues ( with addresses ), and the promoter ’ s information .
5 . U . S . person or company personnel must provide a letter in support of your itinerary and activities on your behalf A U . S . person , promoter , or company must provide a letter in support of your itinerary . For example , it could be your U . S . manager or agent , label representative , promoter , a co-writer who is a U . S . citizen , a producer who is a U . S . citizen , or the owner of a U . S . recording studio or lockout you intend to use while you ’ re in the U . S .
6 . You must have a valid passport To enter the U . S . under a P-2 , you must have a valid passport for the duration of your P-2 . If your passport is expired , renew it now !
If you fulfill the above criteria , you can bring your manager , tour manager , or technical personnel / crew with you as well .
In terms of cost , a P-2 is not cheap and if you do not apply well ahead of time , it gets way more expensive . For musicians only , the government application fee for regular processing is $ 460 USD to get your work permit in around 90 days . For 30 days , you must apply for expedited processing , which is $ 2,960 USD ($ 460 + $ 2,500 expedited processing fee ).
For musicians PLUS technical personnel or crew , it ’ s $ 920 USD for regular processing , and $ 5,920 USD for premium processing .
You and your band members , if any , all must be members of your local musician ’ s guild in
Canada for the duration of your P-2 work permit . Last month , I was told Toronto ’ s musician ’ s guild membership is several hundred dollars for one person . If you happen to be from a city outside of Toronto , your local musician ’ s guild may be significantly cheaper , so be sure to check !
AFM also charges a mandatory fee for processing , which is $ 120 CND for one musician plus $ 25 CND per additional musician / technical crew .
You can bring your spouse or unmarried children with you . Your spouse may not work for a U . S . employer . However , your spouse can attend school or college .
A P-2 work permit duration can be for up to one year , and you can apply for extensions or re-apply for a P-2 .
Due to the costs and duration associated with a P-2 , established creatives may want to consider applying for an O-1B visa , which can be issued for up to three years . Long term , your goal may be to eventually become a U . S . permanent resident ( a . k . a . a “ green card ” holder ), which you can achieve by going from an O-1B to EB-1 .
Feel free to reach out if you have any questions !
Dani Oliva is an artist advocate , speaker , and music attorney focused on helping talented creators thrive in the music business . Follow him @ olivaesq or go to
www . olivaesq . com for more information .
32 CANADIAN MUSICIAN