Visa Strategies for Musicians, Artists, Others in Entertainment | Jackson Lewis P.C.

In the past, the O-1 visa was how many foreign musicians and other artists could tour and work in the United States. Now, for many reasons, they may need to consider other strategies.

The O-1 visa category is for “Artists with Exceptional Skills” and obtaining O-1B visa status for foreign musicians has always meant raising the bar. However, the previous government has put up obstacles like “extreme reviews” for some other depending on the home country. Then the COVID-19 pandemic happened and concerts and tours were canceled.

Foreign musicians in the US with O status lost their livelihoods during the pandemic. While some might have been able to receive unemployment benefits, many hesitated because they feared the possible disastrous impact on future immigration claims. In the meantime, without work, they were technically “out of status”. One option was to switch to B visitor status to stay in the United States and wait out the pandemic. Only musicians with sufficient resources could afford this path. Others left the country when they could and must now return.

Now that the concert venues are reopening, the cancellations continue because musicians from abroad still cannot get a visa. The 14-day travel restrictions created problems for musicians from the countries covered – symphony orchestras had to replace artists at the last minute and national tours were canceled. But even if those restrictions are lifted in early November, it appears that visa delays will continue to affect touring artists.

Many US consulates abroad are still understaffed and backlogs. In some cases, the first visa dates are in the spring of 2022. In addition, the lifting of the 14-day travel restrictions is expected to increase the number of applications and the queues to become even longer. While the Biden administration has made it easier for nonprofits to request expedited petition processing, it does not help with the visa application process. Musicians trying to go on tour to make up for lost revenue from concert cancellation will be hindered. Art organizations advocate relief.

Of course, the problems aren’t unique to the United States. Musicians are also hindered by travel and quarantine restrictions abroad.

O visas aren’t the only options for musicians. Other options are P-1 visas for members of internationally recognized entertainment groups, P-2 visas for entertainers participating in certain mutual exchange programs, and Q-1 visas for those participating in cultural exchanges. Although each of these visas has different eligibility requirements, the visa backlog at US consulates affects them all.