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The BAM! Bulletin - Aug. 2023
Brought to you by Robert Baird, Consultant
Monthly advice and help on visas, work permits, taxation, withholding, and crossing the border
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Considerations When Coming to America
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The United States State Department and Citizenship and Immigration are tasked with protecting the security of the country when issuing entry visas, work permits and admission policies. Immigration and consular officers are accorded broad authority to initiate lengthy background and security checks, conduct personal interviews with applicants, collect biometric information from foreign nationals, deny visas, and bar re-entry. Keep in mind the following:
1. Screening procedures upon application for entry to the United States may be cursory (identity and visa validity confirmed along with a few simple questions) or intensive, including questioning about your immigration status, travel history, the purpose of your visit, background, employment and other issues. This could include a search of your electronic devices.
2. Always answer questions to the best of your ability. If you do not understand a question, ask for clarification before answering. Omitting or misrepresenting information can result in denial of entry, removal from the United States, or even possible criminal penalties.
3. Generally, your passport must be valid for at least six months beyond the expiration of your period of admission to the United States. This ensures that you will be able to depart the United States at the end of your stay and proceed to your home country or another country. However, the six-month club lists many countries which have an agreement with the United States whereby a passport is deemed valid for an additional six months past its expiration date.
4. Once you have your approved O or P visa, you will need to apply for an entry visa at a U.S. Consulate via Form DS-160, the electronic non-immigrant visa application. Form DS-160 is completed online and is electronically transmitted to the State Department. You should contact the consular post at which you will apply for a non-immigrant visa in order to obtain the latest information on procedures, requirements and appointment wait times.
Most visa applicants between the ages of 14 and 79 must appear at consulates for personal interviews, confirmed through an online appointment system for visa applicants. Be prepared for lengthy waits of four to six weeks or even much longer for visa appointments. During a visa appointment, you will be fingerprinted, photographed, and interviewed. Some applicants may undergo additional security clearance procedures. (See #6)
5. When entering the United States, the visa stamp in your passport must be for your current non-immigrant visa status, the visa must be unexpired and it must have a valid entry date.
6. Additional security and background checks may be done on male visa applicants between the ages of 16 and 45 who were born in or are nationals or citizens of countries of concern. Information provided on the DS-160 form (foreign travel history, education, military service, membership in and contributions to charitable organizations, etc.) may require intensive security clearances. If your name or a name similar to yours appears in a national security or law enforcement database, this may trigger additional security clearances and visas may be delayed or refused.
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Crabby Bob
Crabby Solutions to Common Problems
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Dear Crabby Bob,
I have a tour in the United States coming up next month and I'm wondering if I should apply for a CWA?
Let me be Frank (even though my name is Bob.) You should have been wonderin' about a CWA a lot sooner!
(If you're new to the biz, CWA stands for "Central Withholding Agreement".)
You can only apply for a CWA no later than 45 days before your first gig in the United States, and the IRS is strict about that deadline.
Of course, you could apply for the gigs that come later in your tour, but the ones not covered by the CWA would be subject to the statutory 30% withholding on fees, and that would cut into your profits on the tour.
If your last name happens to be Rockefeller or Musk, then that may not matter to you, but I suspect you'll want to be sure that your CWA application gets done nice and early next time.
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Upcoming Conferences
(in-person unless otherwise indicated)
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WOMEXOct. 25-29, 2023A Coruña, Galicia, SPAIN
CAPACOANov. 4-8, 2023(location TBD)
ISPAJan. 9-11, 2024New York, NY
APAPJan. 12-16, 2024New York, NY
CINARSNov. 11-16, 2024Montréal, QC, Canada
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Did You Know?
If you want a Central Withholding Agreement (CWA), it MUST be filed no later than 45 days in advance of your first (or only) performance date in the United States. There is NO leeway on this deadline.
Email or phone Robert with your visa questions: 416-887-2151 (Cell), 1-800-867-3281 (Toll-free North America), 705-424-6507 (Land line).
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Unlimited Opportunities for Consulting with Robert
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Robert is available for consultations at any time at no charge on any border issues: robert@bairdartists.com, 416-887-2151 (Cell), 1-800-867-3281 (Toll-free North America), 705-424-6507 (Land line).
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Your Monthly Chuckle
A guy spots a sign outside a house that reads "Talking Dog for Sale." Intrigued, he walks in. "So what have you done with your life?" he asks the dog. "I've led a very full life," says the dog. "I lived in the Alps rescuing avalanche victims. Then I served my country in Iraq. And now I spend my days reading to the residents of a retirement home." The guy is flabbergasted. He asks the dog's owner, "Why on Earth would you want to get rid of an incredible dog like that?" The owner says, "Because he's a liar! He never did any of that!"
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Two guys stole a calendar. They got six months each.
A car hit an elderly man. The paramedic says, "Are you comfortable?" The man says, "I make a good living."
The village blacksmith finally found an apprentice willing to work hard for long hours. The blacksmith instructed the boy, "When I take the shoe out of the fire, I'll lay it on the anvil; and when I nod my head, you hit it with this hammer." The apprentice did just as he was told. Now he's the village blacksmith.
A man says to his doctor, "I think my wife is getting hard of hearing." The doctor says, "There's a simple test you can do to see how bad the problem is: Start out 40 feet away from her, and in a normal conversational speaking tone say something and see if she hears you. If not, go to 30 feet, then 20 feet, and so on until you get a response."
That evening, the man's wife is in the kitchen cooking dinner, and he's in the living room. In a normal tone, he asks, "Honey, what's for supper?" No response. So he moves to the other end of the room and repeats, "Honey, what's for supper?" Still no response. Next, he moves into the dining room. "Honey, what's for supper?" No response, so he walks up to the kitchen door. "Honey, what's for supper?" Again, there is no response, so he walks right up behind her. "Honey, what's for supper?" His wife says, "For the fifth time, Harry, CHICKEN!"
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BAM! Baird Artists Management Consulting Services Offered
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"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."
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The information contained in this newsletter is provided by BAM! Baird Artists Management Inc. as a service/promotion to its subscribers. The purpose of the BAM! Bulletin is to provide general advice and guidance. The information provided herein is not intended to address the specific circumstances of any individual or entity. In specific circumstances, the services of a professional should be sought. BAM! Baird Artists Management cannot be held responsible for the content of this newsletter, nor can it be responsible for the consequences of the actions taken based on the information provided in this newsletter.
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