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Band Tours in the US


BlueShift

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Hey all,

 

I have a number of visits to the US planned for this year going on various band tours and events. What I wanted to ask was, for those here who do/have done this in the past, what type of non-immigrant visa did you apply for?

 

It seems that the US goverment does have P-1 visas for artists/entertainers + critical support personnel. However, these dont seem to be available for individuals, and are instead issued for an event.

 

Any thoughts?

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Well I haven't been on tour in the US since around 2001 but here is what I know and for all I know things might have changed so if I've got this wrong can someone please interject.

 

It will be up to the bands' representative ie. management to sort this out as far as P1's are concerned. This involved (requested) that they submit why you are needed for the job; complex mix, new material ya da ya da, or is done on an ad hoc basis. In other words you have "special talent" .

Do not be tempted to go on a Tourist visa (the rules have changed anyway) because you will be asked what you are doing in the US on Immigration.

If the band you are working for are unsure may I suggest these people, if there is any confusion. They have dealt with all the weird places we have visited, both band and crew for our visa and passport needs.

Please bear in mind that if you are travelling to multiple countries, some of which might require visas or trips back and forth with different bands or are away using your passport you may need two passports; despite folklore these are possible if you have a valid reason. I have two passports for this very reason.

 

Hope this helps :)

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I recently toured the US engineering a band and it was a hassle getting visas, as last time we went over we had no visas and half of the band got sent home.

 

But this time was successful, we used a company called Tamizdat

http://www.tamizdat.org/services.php#Visa

they helped with the process and all of us got our visas including the members of the group that had been refused entry to the US befor.

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I spend quite a few months each year in the USofA and petitioned through one of my employers and got an O1 visa. the only option available to techs is either to have Production arrange a P1 visa or via a US employer for a O1 Visa neither are quick/cheap. US Visas have to be applied for by a US Attorney who specialises in Visa work (more cost).

 

It really is not worth the risk of using a Tourist Visa -- One wrong answer and its a long walk home.

 

Ian H

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I have a 3 year US R 02 visa which is only valid to work with one artist who's management applied for it. I also have a second R 02 which relates to a differant artist. It is not possible to legaly work in the US for any other artist or production company for whom you do not have a visa for. It is quite a lenghy and expensive buisness getting US work visas.

Firstly the US employer (usualy the promotor or booking agent) books the shows with the venues and then has to lodge a pettion with the US dept of employment for a visa applilcation for all the members of the party they wish to bring into the US. ie band members / crew /management etc. The pettion is scrutinised by the immigration people who then will allow the people named on the pettion to apply for work visas. when this part of the process is ok you are then invited to an interview at the US embassy who will ask you several questions about your self and your work etc. they will then decide if you are to get your visa or not. In a hurry and with few budgetry considerations it will cost about £2000 per visa and tak about 5 or 6 weeks from start to finish if you are lucky.

You may also need to get a US ITIN or Individual Tax Identification Number if you think your earnings will be in excess of I think it is $20 000 in any tax year if you want to avoid US tax with holding if you are normanly a UK tax payer.

In all these matters you should get propper professional advice its not worh chancing it your self and not being allowed into the US and having your passport stamped as DEPORTED !

However get it right and touring in the US is realy great .

Good luck

Chris

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  • 7 months later...
Just out of curiosity, say I wanted to go on a 'busmans' holiday, pick up a bit of work whilst I was there and learn a few things. When I was younger I'd have just gone (although last time, 10 yrs back, my employer sorted it) but nowadays is it even possible, or even advisable ??
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When I worked for a company who did touring work in the US the company Directors could tell the immigration people at the airport that they were visiting clients - effectively touting for business although I can't remember the exact phrase they had to use. They could meet clients, visit our touring crews, visit gigs and venues but could not actually be paid for their time.

 

As far as I know, as long as you are not working i.e. doing things for money then you are ok on a visit visa. However, if you get into an argument with a US immigration official there's only ever going to be one winner..........

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Touting for buisiness would definatly count as working as would visiting clients etc.

There realy is no way around the visa issue unless you are prepared to lie to the imigration people. If the event is worth doing, it is worth doing properly or not atall, is what I tell my clients and leave it up to them to decide how much they want their shows to happen.

Sadly management and record companies etc. dont allways see it so, but I will not risk going to the USA without the correct paperwork. getting deported just once could be the end of your international career, not something worth contemplating.

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Firstly I'm not a US visa law specialist... or a legal expert of any kind... but this is the internets. so.

 

Touting for buisiness would definatly count as working as would visiting clients etc.

 

Erm... short buisness trips are perfectly ok, lots of people visit the US every day and go to trade shows to try and get work. Provided you are not working for a US company or anything. If its visiting a company you are working with then it becomes more complex.. but at that point someone involved can afford propper legal advice.

In fact I have a friend who keeps telling me to go along to LDI with her and I would no doubt discuss work opportunitys... all thats fine. But then I should have the visa problem licked in a year or 2...

 

There realy is no way around the visa issue unless you are prepared to lie to the imigration people. If the event is worth doing, it is worth doing properly or not atall, is what I tell my clients and leave it up to them to decide how much they want their shows to happen.

Sadly management and record companies etc. dont allways see it so, but I will not risk going to the USA without the correct paperwork. getting deported just once could be the end of your international career, not something worth contemplating.

Getting deported will result in an automatic rejection at the border for about 5 years with most countrys (and I hear thats the US position too) but if you have a good reason, you might be able to get back in. Worst thing is, it doesnt matter if its not your fault, you don't have many rights as a non-US citizen!

 

If in doubt talk to the US Embassy.

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A tourist visa is just that! DO NOT try to stretch the definition they will NOT. My father had to do a course at his company's HQ in the USA, his lifetime tourist visa was no use and the company had to apply for a full working visa. If the tour management can book you as a critical member of the tour then they can arrange visas. If you will be working with several bands then you need to be "Tour critical" to each of them.
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A second recommendation for traffic control. Fast, effective service, they understand all the regs and if you do what they tell you to do on time you should not have a problem. One thing to mention is that when visiting the US Embassy you are not allowed to take ANY electronic items inside, this includes : Mobile phones, some watches, remote opening car keys, ipods, laptops, cameras etc etc. Luckily the last time I was there (only about a month ago) I had a hotel room on the square, so could take all the band's keys, phones etc and leave them in the hotel. Go in with literally the clothes on your back, the visa forms and your passport. A bit of cash for new photos is also a good idea, we had 4 people's photos refused as they "didn't appear current", even though one of them had been taken that morning, the clothes were the same! Still at least it's the only visa I've had to go to an embassy to get in my professional life. That's the joy of using a company like traffic control.
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As already pointed out here you should talk to an expert. The US Immigration department has every changing rules and regulations and not everything posted here is strictly true. You can enter the US on a waiver in some circumstances but you need to be really careful as if you are refused entry or deported its likely that you will never be granted a work visa and a tourist visa will become very painful to get too..

 

I have been through the process countless times, I have had over 20 US work visa's over the last 10 years. P visa's are only Valid for the artist or management company who petitioned for them and only if you stay in the same role. O2's again can be limited to artists or can be granted so you can work for a number of artists in the same capacity.

 

It is not possible (except in one circumstance) to apply for one of these visa's yourself, you must have an employer in the US petition for you. This can me a non US artist but they must use their US Promotor/Agent or Record Company to apply for there own visa an you will be part of the application.

 

If you think that the US will consider you to be an Alien with an Outstanding ability then you can apply for your own visa, This is Lengthy and Expensive and requires you to obtain many references stating that you are in the top percent of your field and there is no US citizen who can perform the task that you are applying to do to the same level or ability.. You must retain the services of a US Attorney (which is not cheap!!) but if you are granted the visa then you are free to work for whoever you like for as much time as you like (up to the expiry of the visa) again as long as you are providing the same service to the different clients..

 

Again I would recommend Traffic Control as a first point of contact and advice, but you should be approaching the bands who wish to employ you in the US to arrange the necessary visa for you.

 

US Withholding tax is a whole new subject and I strongly recommend getting professional advice on this too or you may be walking away with a lot less pay than you bargained for.

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