IS IT TIME FOR ARTISTS TO RETURN TO THE U.S.?

May 20th, 2021

The COVID Travel Ban, Significant Consulate Backlogs, and Other Current Issues For Non-U.S. Artists

By Brian Taylor GoldsteinSorry for the long delay since my last post, but, well…it’s been an interesting year, to say the least. Things are improving, but 2021 still needs more rehearsal time to work the kinks out. Here in New York City, some signs of normalcy are beginning to return. People are feeling safe enough to pee in the subway without their masks, the costumed characters in Times Square are again groping without hand sanitizer, and the rats are no longer practising social distancing when they spy a dropped pizza crust.  As signs of life begin emerging in the world of the performing arts as well, artists and presenters are once again thinking internationally, including bringing artists and ensembles to the U.S. as soon as this summer. Which means, of course, we need to check in on the landscape of artist visas.

WARNING: This could all have changed by the time you read this, so read quickly!

Things have actually already shown signs of improving since Lord Voldemoron was defeated. Among them, USCIS processing times for visa petitions have shortened to approximately 1 to 3 months and a number of the King Babycoward’s more draconian policies have been reversed. However, a number of challenges still remain, not least among them is that the COVID travel ban remains in place. As a reminder, this means that anyone traveling to the U.S. from the European Schengen Area (Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, Switzerland, Monaco, San Marino, and Vatican City),  United Kingdom, Ireland, Brazil, South Africa, or India cannot enter the U.S. without EITHER traveling to a country not on the list and quarantining there for 14 days before entering the U.S. OR qualifying for an exception to the ban.

There are various exceptions for immediate family members of U.S. Citizens spouses, medical professionals, and people coming to help fix roads and bridges. However, there are no automatic exceptions for artists. For artists to get a waiver from the ban and enter the U.S. without first having to quarantine in a non-banned country, they must qualify for the “catch-all” exception of showing that it is in the “national interest” for them to be allowed to do so.

Getting a National Interest Exception for an Artist

It is not meant to be easy to get an artist approved for a National Interest Exception (“NIE”). It’s called a “exception” for a reason. However, as with everything the U.S. touches in the realm of immigration, it’s quagmire of inconsistencies.

Requests for NIE’s are submitted to the U.S. Consulate in the country where the artist is either a citizen or a permanent resident. Every consulate has its own policies and procedures for how you submit the request and how they determine whether an artist does or does not qualify for an NIE. There are no standard rules or procedures. In fact, at the moment, a few U.S. Consulates, including Vienna, have incorrectly taken the position that artists are not eligible for NIEs at all! Others just make up the rules by cutting the head off a chicken and seeing where it flops down on a giant procedural bingo card. This is frustrating…nay, maddening. However, this has always been the case. Historically, regardless of who is in charge or who controls Congress, there has never been any consistency, predictability, or reliability in the entire process of obtaining artist visas. It ebbs and flows. Nothing new to see here.

Based on the NIE requests we have had approved, the consulates we have been dealing appear to require the following:

(a) a major or significant artist;

(b) entering the U.S. to do something important for a major or significant U.S. venue or presenter; which

(c) cannot be done without the artist; and which

(d) would cause dire economic or institutional consequences if the concert or event were to be cancelled.

In short, the ideal candidate for an NIE would be a music director, stage director, soloist, or major artist entering the U.S. for a specific high-profile performance for a specific high-profile venue that is either part of the venue’s or organization’s much heralded return to live performances or which will be raising significant funds for the venue or organization after a year of being closed. In other words, the artist’s presence in the U.S. must be critical to the economic survival of the venue or presenter or the venue or presenter’s community. This means, for example, that a musician entering to perform as a member of an orchestra (as opposed to a soloist) or to perform at a festival with multiple concerts and events (unless the artist is a headliner) is highly unlikely to be approved for an NIE…regardless of who you know, what contacts you have, or how badly the artistic director stamps their feet.

If you plan to submit an NIE request, here are a few important things to keep in mind:

  • In addition to providing a copy of the artist’s passport and O or P visa, you will need to provide (1) a letter from the venue or presenter (NOT THE MANAGER OR AGENT) explaining why the artist is so significant to whatever it is they need them to do that the organization’s future will be imperilled if the event or performance is cancelled and (2) A letter from the artist (AGAIN, NOT THE MANAGER OR AGENT) explaining why the artist cannot travel to a country not on the banned list and quarantine there prior to entering the U.S. (Most often, it will be either because the artist has other professional commitments in the country or that other travel bans prevent them from easily being able to go to other countries.) I also include background information on the artist as well as the venue or organization.
  • A request can only be submitted to the U.S. Consulate in the country where the artist is either a citizen or permanent resident.
  • The artist must be physically present in the country at the time the request is submitted.
  • Once the request is submitted, the artist cannot leave the country and, if the NIE is approved, must fly direct from that country to the U.S. (Connecting flights in the U.S. are fine, but the artist cannot connect through another country on the COVID ban list.)
  • A request cannot be submitted earlier than 30 days prior to the date the artist needs to enter the U.S.
  • At the time the request is made, the artist must have confirmed airline tickets.

Once an NIE request has been submitted, some consulates will get back to you within 48 – 72 hours, others will take a few weeks, and others may not respond at all. Recently, London has been getting back to me within 24 hours—but, as you will see below, will find other ways to thwart your plans.

What If An Artist Has Been Approved For An O or P Visa, But Has Not Yet Received the Visa?

 

At the moment, most if not all consulates are either closed or are not accepting routine visa applications. In London, for example, there are currently no visa appointments available until October 2021. If an artist does not already hold an O or P visa, then at the same time they submit an NIE Request they will also need to request an emergency appointment. If the NIE is approved, then the artist will be given an emergency appointment date to come to the consulate and apply for their visa. If not, then the artist will need to wait until the consulates re-open. (I have some artists who have been approved for O or P visas, but have been waiting over a year to be able to apply for them.)

LONDON CONSULATE WARNING: I recently had an NIE approved by the U.S. Consulate in London for a UK Violinist who had been approved for an O-1B visa, but need to apply for the actual visa stamp. He was given an emergency appointment, went in, was told everything was in order, and that his visa would be issued asap…and after 3 weeks still had not received his visa. So, he had to cancel his U.S. date regardless of having obtained an NIE. (And, yes, we tried all of the available back channels—all of which proved to be backed up.)

Can Orchestras and Ensembles Get NIEs?

Anything is possible, but this is highly improbable for a number of reasons. First, NIE requests are submitted and approved on an individual basis. You cannot submit an NIE request for an entire group. A request would need be submitted on behalf of each musician and each person would need to qualify separately–which would not only prove unwieldy, but runs the risk of not everyone getting approved. Second, as you can’t apply for an NIE more than 30 days in advance of the travel date and you must have booked flights at the time you submit the request, you would have to incur the costs of air travel for an entire orchestra before even knowing if you can travel. And, third, there is the issue of getting emergency appointments for everyone when it’s hard enough to get an appointment for a single individual.

When Will The Ban Be Lifted?

Excellent question. I have no idea. Seriously. No idea. Nada. Nix. Please stop asking me. My expectation, based on nothing more than my intuition and speculation, neither of which have ever proven that reliable, is that rather than lifting the ban entirely, a new exception will be created for people who are vaccinated. But, seriously. I don’t know. There are a lot of rumours. I’ve heard them too, but please don’t rely on any of them. When these things are announced, we will all learn at the same time. Maybe by the end of May. Or not.

The only good news, such as it is, is that, unlike in the days of Uncle Scam in which the COVID ban was used purely as a tool to frustrate immigration, the current status of ban is based solely on COVID with no ulterior motives. Also, as the ban is causing significant economic harm to many different sectors of the U.S. economy, there is significant pressure to get it lifted or amended as soon as possible. In other words, we are not alone and a lot of pressure is being put on the Biden administration to lift the ban immediately.

What Will Happen When The Ban Is Lifted?

Once the COVID ban is lifted (or additional exceptions are created for those who are vaccinated), then the consulates will eventually fully re-open. However, the U.S. State Department has already issued warnings to expect delays as they work through a backlog of over a year of cancelled appointments. Those who had their appointments cancelled in 2020 will be given priority. I suspect this will make emergency appointments harder to qualify for, but this is all quite fluid. Again, no one knows. With luck, the expectation is that consulates will be allocated new staff as well as additional funding to expedite the backlog. Again, as there are many industries being impacted beyond the performing arts, all with more money and political influence, there is significant pressure to facilitate international travel as quickly as possible. Everything from tourism to trade depends upon it. Nonetheless, the artists, venues, and presenters we are working with are all being advised to have contingency plans and flexible expectations at least through the rest of 2021.

What about USCIS? What Are They Up To?

While we are joyously seeing fewer RFEs, officers loyal to the ploys and prejudices of the Tangerine Anus remain. As a result, we are still seeing a few spiteful RFEs asking that artists who remained in the U.S. during 2020 produce paystubs to prove they were not on unemployment and were not in violation of their O or P status. But maniacal spitefulness, a deranged sense of paranoia, and the intellectual capacity of a peeled grape have always been among the qualities USCIS seeks when hiring officers, so, again, nothing new to see here.

In summary, things are improving. The performing arts are coming back the way we all know they would. The industry might look different, but a beach always looks different after a hurricane sweeps through. Eventually, the sun comes out and we all go back in the water. We just may need to wait a bit longer for the waves and rip-tides to subside.

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GG Arts Law provides a comprehensive range of legal services and strategic support for the performing arts, including: Artist Visas, Taxes, and Touring; Rights & Licensing; Negotiations & Representation; Contracts; Business & Non-Profit Organization & Management; Project Management; and Strategic Consulting & Planning.

VISIT OUR NEW WEBSITE: ggartslaw.com

___________________________________________________________

THE OFFICIAL LEGALESE:

THIS IS NOT LEGAL ADVICE!

The purpose of this blog is to provide general advice and guidance, not legal advice. Please consult with an attorney familiar with your specific circumstances, facts, challenges, medications, psychiatric disorders, past-lives, karmic debt, and anything else that may impact your situation before drawing any conclusions, deciding upon a course of action, sending a nasty or threatening email to someone, filing a lawsuit, or basically doing anything that may in any way rely upon an assumption that we know what we are talking about.

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Posted in Artist Management, Law and Disorder: Performing Arts Division, Touring, Visas | Comments Closed

French Minister of Culture and Covid

March 29th, 2021

By: Frank Cadenhead, Mar. 29,2021
Many in France were concerned in recent days after their popular Culture Minister, Roselyne Bachelot, 74, was hospitalized after contracting the Covid-19 virus. She had tested positive on the 20th of March and hospitalized on the 24th with oxygen therapy.
Her son, Pierre, in a statement on Sunday, was reassuring, indicating that she was doing better and “fighting it with courage,” He also thanked all of the medical staff who were attending her. He indicated that it will certainly be some days before she will leave the hospital as her health is still fragile.
Her positive test was the day after famed singer Michel Sardou was given the award, Commandeur de la Légion d’honneur, by the minister in a ceremony which included a hug while wearing masks. The 74 year old icon has since tested negative and echoed concern for the health of Mme Bachelot, a friend of many in the performing arts scene, a regular at concerts and opera, and holding a high-profile image not seen in the ministry since Jack Lang’s several appointments during much of the 1990s.
Bachelot was also, that same day, in an empty Opera Bastille for a recorded performance of a new Faust at the Paris Opera. There were a few dozen other guests, including journalists, in the audience, and she was photographed with some of the performers at the end. There has been no notices of virus transmissions from this evening.

Posted in An American in Paris | Comments Closed

HOW TO FIX EVERYTHING

January 28th, 2021

EXPLORING NEW BUSINESS MODELS AND PRACTICES IN THE PERFORMING ARTS IN A POST-COVID WORLD

By Brian Taylor Goldstein

Aside from thwarting a clown car coup, 2021 is certainly not off to the auspicious start we all had hoped for. Nonetheless, it is with trepidatious optimism that we find ourselves crawling out from our burrows like traumatized cicadas as we look towards re-establishing and re-building the world of live performing arts.

We have lost treasured venues, ensembles, businesses, and colleagues. Much, if not most, of the scorched earth we find will be attributable to the ravages of COVID. However, much will also be due to old and outdated business models and practices that were just waiting for an unperceivable pufflet of wind to topple them, much less the ravaging hurricane of a global pandemic. As we survey the damage, now is the time to consider rebuilding and reimagining those business models and practices. There’s nothing like the opportunity of a disaster to build a toppled house back on a better and stronger foundation than that on which it was built before.

As such, it was with the greatest enthusiasm and exhilarating gratification that I have of late been asked to weigh-in on numerous proposals from various groups and interests within the performing arts industry wanting to change the way business is done. This has quickly been followed by the resounding despair and blinding dismay of having repeatedly found myself reviewing not imaginative and daring visions of the future, but attempts to re-clothe and re-animate the cadavers of the past. Proposal after proposal has been premised upon the belief that changing the business “model” in the performing arts industry means finding a way in which various parties—presenters, venues, artists, managers, producers, promoters, labels—can come together to agree upon common practices and contractual terms so that we can all go back to “business as usual.” There have been cries of “we need to change the way the business works” and “we need to get everyone together and implement new industry standards and practices to which the vast majority of people would agree to implement.”

 The prevailing thought appears to be that if we can all just agree on “standard” terms for things such as insurance, cancellations, minimum booking fees and formulas, recording rights, and even timing for issuing and returning contracts, then everyone can breathe a collective sigh of relief and go back to negotiating and focusing only on fees, dates, planning, and repertoire—in other words, the more inspiring and fulfilling parts of the business.  I’ve read proposals that include such suggestions as “all engagements should provide for deposits and rehearsal fees” (I agree) to “there should be standard media terms that would automatically allow for streaming rights and recordings” (I do not agree) to finding new Force Majeure language that would “…make sure future pandemic events are not cause for cancellation” (Seriously?).

None of these proposals focus on the true crisis before us: the exploration of whether or not the business structures, plans, and methodologies upon which venues, presenters, producers, managers, agents, labels, etc. are run and managed need to be re-thought and re-imagined for a new age and new realities. Instead, what I have seen thus far is not unlike neighbors in a beach community finding their homes devastated by a hurricane and deciding not to rebuild on stronger foundations further away from the shore, but to put everything back exactly the way it was before, except, this time, mutually agreeing to paint their shutters all the same colour.

These concept of implementing standards and practices that everyone will agree upon arises from the long-cherished delusion that there exists a legendary grimoire of industry standards and practices that merely needs to be dusted off, amended, and updated for the 21st century. If everyone merely agrees to abide by this book, then peace will be restored to the kingdom. The trouble is…no such book exists…and no such book has ever existed. The only industry standards in the performing arts industry are that there are NO standards! To be sure, there are opinions. Strong opinions. We’ve all encountered comments such as “this is how the opera world does it” and “this is not how we do it in jazz” and “that’s not how commissions work.” However, if you polled a cross section of any segment of the performing arts about any given topic, you will find a significant divergence of opinion as to what is and what is not “standard.” What any one person believes to be standard may simply be based on their own limited experience in their own tiny corner of the industry.

To be sure, there are ways to structure some deals and transactions that are more common than others, and there is no reason to reinvent wheels where others have already figured out reasonable ways to build them, but there will always be circumstances warranting different arrangements for different organizations, individuals, projects, and budgets. More often than not, the term “industry standard” is thrown about in lieu of admitting “this works for me and I’d rather not change.” Worse, it’s often employed as a form of peer pressure to circumvent negotiation or compromise by making the other party feel that they are either too ill-informed or ill-experienced to realize the absurdity of whatever very reasonable proposal they may have just made.

So, if there are no industry standards, why can’t we all just get together and create some? If enough people agree on common contract terms and procedures, then wouldn’t that compel everyone else to fall in line and do it the same way? If everyone agrees to abide by what we all agree is fair, doesn’t that take away the risk of anything being unfair?

First, there are the practical challenges of defining even sub-segments of an industry as diverse as the performing arts, much less getting them all together and mutually agree upon  common procedures for how anything works: bookings, recordings, commissions, rehearsals, etc. There are large and small venues and presenters. For-profits and non-profits. There are different genres. Different audiences. Different goals and missions. Commercial and non-commercial producers. Etc. Etc.

Second, but by no means least, in most countries this is also illegal.

Let’s say that we all agree amongst ourselves that artists should be paid deposits (which, again for the record, I agree with—if you can’t hire a wedding caterer or a building contractor without a deposit, why are artists expected to be paid only after work is done?) What if a huge, prestigious producer or orchestra offers an engagement, but refuses to pay a deposit? Are you going to walk away and refuse to accept the date? Probably not. The reality, of course, is that unless an artist has enough prestige and clout to demand their own terms, then there are always more artists than there are venues and presenters. This, naturally, gives stronger negotiating power to presenters, producers, and venues. This is also called “Show Business.” But what if all the artists or their representatives get together and agree that they will all demand the same terms for all artists? If all the artists and their representatives stick together, then venues and presenters will be forced to comply, right? Not so fast. If a group within any industry unifies to set standard terms and practices with which all members of the group will be required to abide and with the purpose of coercing or compelling other businesses to agree to such terms and practices or else be excluded, this is called “collective bargaining.” In the United States, at least, only authorized unions or organizations are allowed to do that. In addition, any group of businesses within an industry that teams up or forms a monopoly in order to set the terms and conditions within that industry can be held to be in violation of various anti-monopoly and trade practices laws. In the U.S., for arcane historical reasons, these are called anti-trust laws.

So, does this mean we all just throw our hands up and surrender ourselves to a world of unfettered, Darwinian capitalism where ticket sales and popularity alone determines the future of the performing arts? Absolutely not! It is and will always be critical for the various groups and interests that comprise the performing arts world to come together to discuss mutual concerns and issues and how best to address them collaboratively. However, in any business enterprise, whether it exists within the performing arts or any other business sector, exploring new business models means looking inward to how you currently conduct your own business—not someone else’s. What services do you provide or offer? Is there a demand for those services? What are those services worth? What are your streams of income and revenue? Are you too reliant on either passive or active income? Who is your competition? What is your sustainability? What makes you unique? Are you over staffed or understaffed? Do you need to learn new skills? Are there better ways to fulfill your mission, goals, or creative aspirations?

Exploring a new business model is not a group activity. It is purely an inward journey. An act of self-introspection and challenge that cannot be done by committee. It is done in the depths of the night, alone, often with Slipsmith gin and two olives. Any business facing an existential challenge of survival does not address the problem by reaching out to other businesses with suggestions of what they should be doing to help the field or make your life easier. Rather, what are YOU doing that may need to be changed, rethought, or reimagined and what can YOU do to help yourself? Are there treasured customs, practices, presumptions, and assumptions that you are loathe to give up? Perhaps it is YOU who needs to turn away from industry standards (whatever you believe them to be) and try something different. For example, are the traditional roles and services of agents and managers still relevant? Do we need to continue planning concerts and performances around a fixed “season?” Does an artist really need a label to release and promote a recording? Are there other ways to monetize and promote artistic and creative services to create more diverse streams of income for artists as well as venues, theaters, and producers? Are performing arts unions today advocates or hindrances for their artists? Is there a role for more immersive experiences in theatre and concerts? Does the commission model continue to make sense for artists and their representatives? Is there a continued role for booking conferences? Are you still sending out paper press releases? Are you ignoring the role of social media and other interactive technologies? Are there diverse faces and voices in your audiences or on your stages? Are there more ways for popular and less popular genres to collaborate? Should dysfunctional non-profit organizations continue to be the default business structure for certain artistic genres? Do all classical concert and recital halls have to be an anesthetizing mélange of browns and beiges? Perhaps the time has also come to bridge the ancient abyss between arts and entertainment and explore aspects of entrepreneurialism that can be borrowed to further the sustainability of our highest artistic standards and endeavors.

There are no right or wrong answers to these questions. In fact, these are all questions that have long been proposed, discussed, tossed about, disputed, debated, and then dismissed into the rubbish bin to be addressed another day. However, that day has come. This is it. The tide of COVID has swept our businesses off their foundation. Do we build them back better and stronger than before, or build them back the same, but with colour-coordinated shutters?

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GG Arts Law provides a comprehensive range of legal services and strategic support for the performing arts, including: Artist Visas, Taxes, and Touring; Rights & Licensing; Negotiations & Representation; Contracts; Business & Non-Profit Organization & Management; Project Management; and Strategic Consulting & Planning.

VISIT OUR NEW WEBSITE: ggartslaw.com

 

 

__________________________________________________

THE OFFICIAL LEGALESE:

THIS IS NOT LEGAL ADVICE!

The purpose of this blog is to provide general advice and guidance, not legal advice. Please consult with an attorney familiar with your specific circumstances, facts, challenges, medications, psychiatric disorders, past-lives, karmic debt, and anything else that may impact your situation before drawing any conclusions, deciding upon a course of action, sending a nasty or threatening email to someone, filing a lawsuit, or basically doing anything that may in any way rely upon an assumption that we know what we are talking about.

 

Posted in Artist Management, Arts Management, Contracts, For Profits, Law and Disorder: Performing Arts Division, Non-Profits, Publishing, Recordings, Unions, Venues | Comments Closed

Notice of Cancellations at the Paris Opera

January 13th, 2021

By: Frank Cadenhead
This is an update of the projections for the Opera National de Paris. It is probable that the cancellations until the end of January will continue well into 2021 as the virus will not be fully contained until appropriate general protection is gained with the vaccines. The same actions have been, or will be taken by the other 21 opera companies in France.

MESSAGE FROM ALEXANDER NEEF TO PARIS OPERA AUDIENCES

Since establishments receiving audiences must remain closed until the end of January 2021 at the earliest, the Paris Opera is once more compelled to cancel performances scheduled over this period and to review its artistic programme for the first half of the year.

The Palais Garnier remains closed to visits. All performances of Capriccio, which was to have premiered on 26 January, are cancelled, as is the concert by the Academy on 20 January.

At the Opéra Bastille, stage rehearsals for Il Trovatore have been discontinued and we are exploring the possibility of a number of concert version performances as of mid-February. All performances of The Magic Flute have been cancelled, but our platform “l’Opéra chez soi” will be proposing a live stream of the production on Friday 22 January, followed by VOD access.

The geographical dispersion of a number of artistic teams – directors and choreographers – has compromised certain projects and modifications are being made to this season, which has already been severely impacted by the spread of the pandemic.

In consequence, we have had to cancel the ballet Sadeh21 which was to have been created by Ohad Naharin and presented at the Palais Garnier. At the same venue and on the same dates, the Ballet invites you to an evening of dance bringing together three works from the House’s repertoire: In the night by Jerome Robbins, The Vertiginous Thrill of Exactitude by William Forsythe, and Harald Lander’s Études.

The new production of the opera The Queen of Spades, originally to have been directed by Dmitri Tcherniakov, will be performed in Lev Dodin’s staging, under the baton of Oksana Lyniv at the Opéra Bastille from 20 May to 12 June 2021.

The world premiere of Le Soulier de satin, composed and conducted by Marc-André Dalbavie, will be presented at the Palais Garnier from 29 May to 13 June 2021.

In addition to these changes, we are delighted to confirm an additional production: Wolfgang Amadeus Mozart’s final work, La Clemenza di Tito, directed by Willy Decker, at the end of June.

Furthermore we will be welcoming the Teatro Real de Madrid Orchestra under the baton of Ivor Bolton on 21 March, and postponing the recital by Julie Fuchs until 30 March.

All information concerning performances scheduled from February to July 2021 will be available in the near future on our website operadeparis.fr and on our mobile application.

In the coming days, we will be informing spectators with bookings on how to obtain a refund for their tickets. We will also get back to you as soon as we have better visibility regarding performances in the first quarter of 2021.

The motivation of the artists and teams of the Paris Opera remains unaltered, and we are doing our utmost to prepare for a brighter future. We look forward to seeing you again as soon as possible!

Alexander Neef
Managing Director

Posted in An American in Paris | Comments Closed

“A Particularly Painful Decision”

December 10th, 2020

By Frank Cadenhead, December 20, 2020

Tonight’s televised announcement of the French Prime Minister was another blow to the performing arts. The bad news came although the government’s Coronavirus control efforts were aggressive and it was working. Masks are a requirement in any public place and permission to leave your home had to be formally declared and only authorized for vital activities like work, doctor appointments and to seek food or drugs. Gatherings could not exceed six persons. The second wave of the Covid-19 infection rate was turning downward (unlike the present US rate, which is three times higher and growing) but was still above the desire goal.

PM Jean Castex ordered this confinement and mask requirement to continue for the next three weeks, until January 7. Theaters and concert halls, along with movie theaters and sports stadiums, will continue to be shuttered, even though some orchestras, operas and ballet companies were in rehearsals expecting to open in a few days. Castex recognized that this was “a particularly painful decision” for all affected and he was certainly more aware than most of how the impact would be felt. Before President Macron made him prime minister on July 3, he was mayor of Prades, not far from the Spanish border. That small town happened to be the home of the Pablo Casals Festival every summer and he was chairman and actively involved in all facets of the festival. He certainly would be acutely aware of the impact the festival closure would have on the artists and staff and even the mere existence of the festival.

The hope is that infections continues to decline and that, by the January date, France can continue to return to normal and live performances again be on the menu.

Posted in An American in Paris | Comments Closed

USCIS Has Officially Raised Premium Processing to $2500 EFFECTIVE OCTOBER 19, 2020… and an update on National Interest Waivers while we’re at it.

October 16th, 2020

The Screaming Demon Pumpkin and his festering goblins of anal carbuncles JUST announced TODAY that it was raising the premium processing fee from $1440 to $2500 effective this Monday, October 19, 2020.

Any petitions postmarked after October 19, 2020 will be returned if they do not have the higher fee. Whilst I expect this to be challenged in court, we are stuck with it until a court issues an injunction.

An injunction still remains in place on the new I-129 fees and forms for O and P petitions.

CLICK HERE TO READ THE OFFICIAL ANNOUNCEMENT

National Interest Waiver Exceptions to the Covid Travel Ban

Many of you continue to as about requesting a National Interest Waiver NIW) so that artists can fly to the U.S. from certain countries without first having to quarantine in a third country (such as Canada) before entering. While that possibility still exists, please be aware that everything is in significant flux these days. As Covid cases to continue to rise in both the U.S. and around the world, the National Interest Waiver may be discontinued at ANY time. This means that, for example, if an artist applies for a waiver and receives one for to travel to the U.S. in November, the waiver could be revoked between now and then. Worse, if the artist travels to Europe and the waiver is revoked after arrival, and the artist actually resides in the U.S. and is not either a green card holder or is not married to a U.S. citizen, they will be trapped outside of the U.S.

For as long as the option remains, NIW requests can be made either through a U.S. Consulate or at a United States Customs and Border Patrol (USCBP) office at the U.S. airport where the artist intends to arrive. Due to the Covid travel ban, many U.S. Consulates in Europe are either not taking appointments or only scheduling appointments for 6 months in the future. If an artist has been approved for a visa, but needs to get a visa stamp, they will need to make an appointment at U.S. Consulate and then request an emergency appointment and submit a NIW request. If an artist already has a valid visa, then they can request a NIW through the USCBP office at whatever U.S. airport where they intend to arrive.  

1.         Apply for a National Interest Waiver at a U.S. Consulate

Every consulate has its own rules and procedures for how to do this, but, generally:

            >>>Contact the U.S. Consulate in whichever country you are physically located    no earlier than 30 days prior to the date of travel

            >>>Explain that you have an immediate need to travel to the U.S. within 30 days and cannot quarantine in a third country

            >>>Provide a letter from your venue, presenter, employer, etc. explaining why it    is critical that you be physically present in the U.S, that your work or performance is essential to them, and that it cannot be done remotely or via       “streaming” outside of the U.S.

            >>>Agree to quarantine for 14 days after your arrival in the U.S.

You will then need remain while this is pending. If the waiver is granted, you will be sent a letter to present to an immigration officer when entering the U.S.

You will need to check the website of the specific U.S. Consulate where you intend to apply for specific instructions.

2.         Apply for a National Interest Waiver from USCBP

Contact the USCBP office at whatever U.S. airport where they intend to arrive. This needs to be done before travel and the requirements are generally, more or less, somewhat, similar as those listed above for consulates. However, of course, each airport has a different procedure and there is no oversight, so you will need to visa the USCBP website for the specific airport where you intend to apply for specific instructions.

GG Arts Law provides a comprehensive range of legal services and strategic support for the performing arts, including: Artist Visas, Taxes, and Touring; Rights & Licensing; Negotiations & Representation; Contracts; Business & Non-Profit Organization & Management; Project Management; and Strategic Consulting & Planning.

VISIT OUR NEW WEBSITE: ggartslaw.com

THE OFFICIAL LEGALESE:

THIS IS NOT LEGAL ADVICE!

The purpose of this blog is to provide general advice and guidance, not legal advice. Please consult with an attorney familiar with your specific circumstances, facts, challenges, medications, psychiatric disorders, past-lives, karmic debt, and anything else that may impact your situation before drawing any conclusions, deciding upon a course of action, sending a nasty or threatening email to someone, filing a lawsuit, or basically doing anything that may in any way rely upon an assumption that we know what we are talking about.

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Le Bourgeois Gentilhomme at the Opéra Comique

September 28th, 2020

By: Frank Cadenhead. 28 September 2020. Tonight’s opening performance of Lully’s Le Bourgeois Gentilhomme at Paris’ Opéra Comique has been cancelled. The next four nights also. The reason: one of the “artistic team” has Covid-19. The performances of 3 to 8 October are still planned, with the assumption that the situation would be under control by then.

With a staging by Jérôme Deschamps and the Musiciens du Louvre conducted by Marc Minkowski, this was the last of a number of comédie-ballets by Lully and Molière. The theater will refund the price of tickets for cancelled performances. The financial impact of the loss of so many performances must be seriously painful to the theater and discouraging for the artists. “We are sorry for this situation and thank you in advance for your understanding” says the Opéra Comique. It is certainly something that is likely to be repeated in the coming months as many more performances return to the stage.

UPDATE, 29 September, 2020. Now it is the turn of the Opéra de Rouen. Sunday’s performance of Wagner’s Tannhauser was cancelled when a member of the artistic team was diagnosed with Covid-19. Today, the opera’s director, Loïc Lachenal, cancelled the two final performances with the discovery that another member of the team has the virus. “We can imagine the disappointment of the spectators and we share that” he affirmed. The opera had build a special platform for the orchestra, and other work, so that distances between players could be maintained. One can only imagine the financial – and spiritual – loss to the company.

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Culture in Contagious Times.

September 4th, 2020

By: Frank Cadenhead. The photo below – two recent front page features in a regional newspaper in France – suggests just how high the visibility is of the world of culture in France. It also suggests the wide concern about this world which is usually centered around a public assembly in these pandemic times. Art openings, operas, concerts, theater – they all depend on large gatherings.

Many major institutions are making past recordings of their performances available on the internet – most all for free – but those of us who actually make their way to the halls for live performance know that there is no substitute for experiencing the event together with others. The recordings, however well-captured, are not the same experience.

I am pleased to be in a country who values the performing arts as an important part of the national ideal. The 100 billion Euro “recovery” budget for France includes 2 billion for the support of the arts. While only 2% of the total, it will provide important support. No government aid is planned for US arts, for example, and their future – depending on strong ticket sales and the deep-pockets of the wealthy – is not assured and is a concern for all performing arts administrators.

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USCIS Furlough-Nado UPDATE!

August 26th, 2020

GOOD NEWS: USCIS has agreed to call off its planned furlough of 13,500 employees which had been scheduled for this weekend.

BAD NEWS: In exchange for this, the U.S. House of Representatives has unanimously agreed to let USCIS raise the premium processing fee from $1440 to $2500 for O and P petitions and cancel the outside contractors who help process and intake petitions, thereby slowing down standard processing.

There has, as yet, been no announcement of when the higher premium processing fee will go into effect. As with the other recent fee increases, USCIS will be required to go through a regulatory processes whereby they will ask for public comment, ignore that, and then raise the fee anyway.

So, just in case you’re not following along:

  • USCIS got into this financial mess was because its policies resulted in fewer people filing petitions and, therefore, less revenue.
  • It stamped its foot and threated furloughs and slowdowns unless it got $1.3 billion dollars by August 30.
  • They knew that they were never likely to get $1.3 billion from an administration that would prefer them just to shut down completely.  
  • So, USCIS has agreed to cancel the furloughs in exchange for being allowed to slow everything down anyway with the expectation that this will force people to pay for premium processing, and then raise the premium processing fee so that fewer people can afford it, thereby resulting in even fewer people filing petitions.  

On a related note, historians have recently unearthed a photo of the skeletal remains of Ken Cuccinelli, the Acting (“illegally”) Director of U.S. Citizenship and Immigration Services taken just prior to when Trump poured rabid squirrel blood into his tomb.

GG Arts Law provides a comprehensive range of legal services and strategic support for the performing arts, including: Artist Visas, Taxes, and Touring; Rights & Licensing; Negotiations & Representation; Contracts; Business & Non-Profit Organization & Management; Project Management; and Strategic Consulting & Planning.

VISIT OUR NEW WEBSITE

THE OFFICIAL LEGALESE:

THIS IS NOT LEGAL ADVICE!

The purpose of this blog is to provide general advice and guidance, not legal advice. Please consult with an attorney familiar with your specific circumstances, facts, challenges, medications, psychiatric disorders, past-lives, karmic debt, and anything else that may impact your situation before drawing any conclusions, deciding upon a course of action, sending a nasty or threatening email to someone, filing a lawsuit, or basically doing anything that may in any way rely upon an assumption that we know what we are talking about.

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TODAY’S USCIS FORECAST: A Storm of Travel Ban Issues with a Cold Blast of COVID-based RFEs, and a Looming Furlough-Nado!

August 22nd, 2020

I. Consulates Are Open, But Now Refusing To Issue Visas To Applicants Who Have Been In Certain Countries

For artists who have been approved for visas, but have been waiting months to apply for them at a U.S. Consulate, many U.S. Consulates have re-opened and are beginning to issue visas. But not so fast…there continues to be a travel ban on foreign nationals entering the U.S. who have been in any of the following countries for 14 days or longer prior to their intended date of entry:

China, Iran, The European Schengen Area (Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, Switzerland, Monaco, San Marino, Vatican City), the United Kingdom (England, Scotland, Wales, Northern Ireland), the Republic of Ireland, Brazil, and all of Middle Earth (except Mordor, because Trump is pals with Sauron!)   

Please Note: the travel ban applies to anyone who has been physically present in this countries regardless of citizenship.

U.S. Citizens and green card holders, certain family members, and other individuals entitled to “national interest waivers” and who meet specified exemptions are allowed to enter the U.S., but only through one of 15 designated U.S. airports. 

Until recently, the prevailing advice has been that for anyone impacted by the ban to apply for and obtain their visa at a U.S. Consulate, then fly to a country not on the list, wait there for 14 days, and then enter the U.S. (Of course, entry into the third country depends on that country’s entry and quarantine restrictions.)

HOWEVER….wait for it….

reports have been increasing that certain U.S. consulates are refusing to issue visas to anyone impacted by the ban regardless of whether or not they intend to travel to a third country and wait there for 14 days. Although the travel ban applies only to travel and entry and does NOT prohibit U.S. consulates from issuing visas to artists with valid USCIS approval notices, certain U.S. consulates have taken it upon themselves to go a step further, claiming that they have no way of guaranteeing that the visa holder won’t simply fly directly into the U.S.. Therefore, none shall pass.  

Click here to read a recent article about this in Forbes Magazine

As a result, if an artist has been approved for a U.S. visa, but a U.S. Consulate refuses to issue the visa based on the travel ban, then we recommend the following:

  • Travel to a country that is not on the U.S. travel ban list (such as Canada, Russia, or Barbados) and which has a U.S. Consulate that is open and issuing visas. (This is subject, of course, to that country’s own entry and quarantine restrictions. Many countries have their own strict quarantine and entry restrictions.) 
  • Schedule your visa application appointment for 14 days after you arrive.
  • Document you arrival and your 14-day stay.
  • Once you receive your visa, fly directly to the U.S. (Transit back through a travel-banned country will re-trigger then ban and you will have to start all over again.) 

II. National Interest Waiver Exceptions To The Travel Ban

Assuming an artist subject to the travel ban already has or can find a U.S. consulate willing to issue a visa, they “MAY” be able to obtain a “National Interest Waiver” and be allowed to enter the U.S. without having to quarantine first in a country not on the travel ban list. As you may imagine, the process is vague, convoluted, and labyrinthine, but broadly, there are two options to obtain such a waiver:

1.         Apply for a National Interest Waiver at a U.S. Consulate

Every consulate has its own rules and procedures for how to do this, but, generally:

  • Contact the U.S. Consulate in whichever country you are physically located  no earlier than 30 days prior to the date of travel.
  • Explain that you have an immediate need to travel to the U.S. within 30 days and cannot quarantine in a third country.
  • Provide a letter from your venue, presenter, employer, etc. explaining why it    is critical that you be physically present in the U.S, that your work or performance is essential to them, and that it cannot be done remotely or via  “streaming” outside of the U.S.
  • Agree to quarantine for 14 days after your arrival in the U.S.

You will then need remain while this is pending. If the waiver is granted, you will be sent a letter to present to an immigration officer when entering the U.S.

You will also need to check the website of the specific U.S. Consulate where you intend to apply for specific instructions.

2.         Apply for a National Interest Waiver from U.S. Customs and Border Protection (USCBP)

Under a new procedure recently put in place by the Department of Homeland Insecurity (DHS) that they didn’t both to tell anyone about unless you went looking for it, you can also apply for a National Interest Waiver by contacting one of six airports which have been authorized to issue waivers: Boston, JFK, Miami, Newark, Chicago/O’Hare, Dallas/Fort Worth, LAX. As with applying at a U.S. Consulate, this needs to be done before you travel and the requirements are generally, more or less, somewhat, similar as those listed above for consulates. However, of course, each airport has a different procedure and there is no oversight, so you will need to visa the USCBP website for the specific airport where you intend to apply for specific instructions.

III. RFEs Are Being Issued on Maintaining Status During COVID

On July 31, we sent out an email reporting a two instances where USCIS appeared to be targeting unemployed artists currently in the U.S. and who either already had O-1 classification and were merely seeking a visa extension or who were seeking to change their classification from F-1 to O-1. In each instance, USCIS issued a Request for Evidence asking for proof that the artist has maintained their status by having work or other valid employment between March 2020 and the date of the petition, knowing full well that the entire arts and entertainment industry was unemployed at every level.

We then sent out a new email on August 1, saying we have just learned of another instance.

In what can only be described as a shocking degree of cold-hearted darkness, even for DHS, more such RFEs have continued to be issued. As such, this seems to be yet another obstacle shall have to overcome.

We provided some specific suggestions on how to deal with these RFEs in our June 30 the blog post “USCIS May Be Coming After Unemployed Artists” which you can find on our website. However, in general, when filing petitions on behalf of artists who are currently present in the U.S. and who wish to remain—regardless of whether this is their first O-1 or their third—you MUST include evidence that the artist has been working or performing during the pandemic AND that their future employment requires them to be physically present in the U.S. USCIS is arguing that engagements for performances intended for streaming can be done outside of the U.S. and do not require the artist to be physically present.

IV. Furlough-nado

Did anyone see this coming? For those of you who have may have missed this news amidst the cavalcade of plagues, fires, floods, injustice, riots, fascism, and world collapse that we have come to know as 2020, USCIS plans to furlough 13,500 employees on August 30, 2020 if they do not receive a requested 1.2 billion bailout from Congress. Several U.S. Senators have urged USCIS to postpone these furloughs, not because their care about immigration, but because the most recent projections indicate that USCIS had sufficient revenue to cover all its employees through the end of the current fiscal year and still have an enough balance to start the New Year. Regardless, USCIS claims this is not nearly enough, even with the fee increases that are set to go into effect on October 2, 2020. So, without consensus from Congress on this issue (and that’s less likely than a crawfish whistling the Mozart) and the clock ever ticking, the possibility of furloughs looms ever higher.

Here’s what you need to know:

USCIS does NOT intend to shut down or cease operations! However, furloughs will slow down the processing of applications and cause noticeable delays—particularly since, in recent months, USCIS has been relatively speedy given that petitions in many non-artist related visa categories has come to a grinding halt. Also, there has been no indication that Premium Processing will not continue to be available as an option. Therefore, so long as USCIS remains operational to some degree, then, to avoid premium processing on top of the other fee increases that will go into effect on October 2, consider filing petitions for Spring 2021 engagements sooner rather than later.

And, lastly, I leave you with this…

For additional information and resources on this and other legal, project management, and business issues for the performing arts, as well as to sign up for our newsletters and follow us on social media visit OUR NEW WEBSITE: ggartslaw.com

THE OFFICIAL LEGALESE:

THIS IS NOT LEGAL ADVICE!

The purpose of this blog is to provide general advice and guidance, not legal advice. Please consult with an attorney familiar with your specific circumstances, facts, challenges, medications, psychiatric disorders, past-lives, karmic debt, and anything else that may impact your situation before drawing any conclusions, deciding upon a course of action, sending a nasty or threatening email to someone, filing a lawsuit, or basically doing anything that may in any way rely upon an assumption that we know what we are talking about.

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Posted in Law and Disorder: Performing Arts Division, Uncategorized, Visas | Comments Closed

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