|
 |
|
|
|
|
The BAM! Bulletin - Jan. 2020
Brought to you by Robert Baird, Consultant
Monthly advice and help on visas, work permits,
taxation, withholding, and crossing the border
|
|
|
|
Basic Steps for Obtaining Approval
for Foreign Artists to Perform
in the United States
|
| |
|
|
|
|
There is some confusion about the steps required for foreign artists to work in the United States. Many foreign artists do not realize that it is a multi-step process. Not to mention that there is confusion with the definition of "work": United States Citizenship and Immigration considers any public performance work, whether the artist is being paid or not. Also, the term "visa" is used for the I-129 Petition application and also for the entry visa to the country. So, to clarify, here are the basic steps for obtaining approval for foreign artists to perform in the United States:
1. You must have contracted work with an employer in the United States such as a venue booking;
2. You must obtain an advisory opinion (Labor Consultation) from an appropriate United States labor organization;
3. You must have a U.S.-based person or organization act as petitioner for the I-129 Petition for a Non-Immigrant Worker, the form used for foreign artists applying to work in the United States;
4. Once you have an approved I-129 petition, you must go through the DS-160 process, pay an additional fee and make an appointment to attend at a U.S. Consulate to obtain an entry visa.
Once you have successfully navigated all of these steps, you may possibly enter the United States to perform. I say "possibly" because entry is at the total discretion of the border official, despite any approvals or visa you may have obtained.
If you have any questions on this, please feel free to contact Robert: robert@bairdartists.com, 416-887-2151 (Cell), 1-800-867-3281 (Toll-free North America), 705-424-6507 (Land line). |
|
|
Opportunities for Consulting
with Robert in 2020
|
| |
|
|
|
|
Robert will be in attendance at the following conferences this year and welcomes any opportunity to consult with anyone who needs to know more about cross-border issues for the United States and Canada, including work permits, visas, tax waivers, taxation, merchandise, musical instruments and more. Feel free to make an appointment in advance or just contact Robert at the conference: robert@bairdartists.com, 416-887-2151 (Cell), 1-800-867-3281 (Toll-free North America), 705-424-6507 (Land line). May 18-20, Classical:NEXT, Rotterdam (Note: Robert will be a Mentor at this conference)
August 3-4, ConsERT, Princeton, NJ
September 10-12, Arts Midwest, Omaha, NE
October 17-18, OAPN, Cleveland, OH
October 20-24, WOMEX, Budapest, Hungary
|
|
|
Border Crossing Tip:
Flying with Instruments
|
|
|
|
The American Federation of Musician (A.F.M.) prepared, in collaboration with the members of the National Musical Instrument Carry-on Coalition, a handbook of interest to any musician who will be flying with a musical instrument. The handbook is entitled A Guide to Flying with Musical Instruments and is from 2009-2010 but still contains relevant information. |
|
|
Terminology Clarification:
Simplified CWA
|
|
|
|
|
The IRS has introduced a simplified CWA process for those artists earning under $10,000 annually. The form is 13930A and you will find instructions on processing the application here. The new process requires pre-payment through www.pay.gov and the form must still be submitted 45 days in advance of the first U.S. performance date. However, the process is easier than the traditional CWA process and will be useful to foreign artists looking to avoid the statutory 30% withholding on U.S. performing fees.
Contact Robert if you need assistance: robert@bairdartists.com, 416-887-2151 (Cell), 1-800-867-3281 (Toll-free North America), 705-424-6507 (Land line). |
|
|
"I am happy to point people in the right direction, whatever the problem, and my advice is complimentary. You can call or email me and I will answer your questions. Obviously, if you then want me to work on your behalf, I will quote a fee for my services, but don't hesitate to contact me if you have any questions or concerns."
|
|
|
|
|
