Posts Tagged ‘students’

Trump Punishes Students For Taking On-Line Classes

Tuesday, July 7th, 2020

Last night, July 6, 2020, Immigration and Customs Enforcement (ICE) announced that all F-1 (student) visa holders attending schools that have decided to operate entirely on-line for the fall 2020 semester due to the COVID-19 pandemic will not be permitted to take a full online course load and remain in the U.S., forcing schools and non-U.S. students to make potentially life-threatening decisions if non-U.S. students wish to enter and/or remain in the U.S.

Click Here to read the proclamation:

Students who are currently outside the U.S. and are enrolled in schools that will be offering only on-line courses during the fall 2020 semester will not be permitted to receive F-1 visas (assuming they can find an open consulate) or enter the U.S. (assuming they are not already a citizen on the list of banned countries.) Such students who are already in the U.S. and enrolled in such programs will be required either to depart the U.S. or transfer to a school which will be offering in-person and/or on-campus courses. If they fail to do so, they will be subject to deportation proceedings.

Students attending schools that have decided to adopt a hybrid model—that is, a mixture of on-line and in-person instruction—will be permitted to remain and/or enter the U.S. provided such students are not taking an entirely on-line course load for the fall 2020 semester and are taking only the minimum number of on-line classes required to make normal progress in their degree program.

No, we do not actually know how they will define “the minimum number of online classes required to make normal progress in their degree program. Presumably, they will be looking for hybrid programs that require the majority of the course instruction to be in-person as opposed to on-line. In other words, offering or requiring only a single in-person course and everything else on-line may not be sufficient.

ICE has also given no clarification on how hybrid programs will be required to schedule the on-line versus in-person instruction throughout the fall 2020 semester. That is, we do not know whether or not F-1 students who are already outside of the U.S. will be permitted to enter if the first half of their fall 2020 semester will be on-line only with in-person courses to be determined later in the semester. They could be denied entry or required to leave until they will actually be taking in-person courses.

There is no indication at this time that this rule will have any impact on F-1 students who have completed their course of study and have either already been approved for or are eligible for OPT. They are not required to be taking courses in the first place as, presumably, they have already graduated. Those students on CPT, on the other hand, WILL be subject to these new rules. While there is not much we know definitively, at this time we are recommending the following:

  • Schools should consider developing hybrid programs that provide for some degree of socially distanced in-person rehearsals or one-on-one instructions throughout the fall 2020 semester.
  • Ensure that all F-1 students who are currently outside the U.S. be given additional  documentation from their school that they can provide to consulate and immigration  officers confirming that (i) they are not taking an entirely on-line course load and (ii) if the first part of the fall 2020 semester will be on-line, why such courses cannot be taken  outside of the U.S.
  • Presenters, venues, agents, and managers should confirm that any F-1 artists they have engaged or represent are enrolled in schools with eligible hybrid programs for the fall 2020 semester.    
  • Consider switching eligible students from F-1 to O-1 sooner rather than later.

There has been some speculation as to the motivations behind this, including that the White Pride Piper wants to force schools to re-open. More likely, however, is that he is taking advantage of the pandemic to further his previously stated desire to limit the number of F-1 students in the U.S. It has long been the opinion of the Ringwraiths in his administration that F-1 students pose an inherent threat to our self-perceived greatness.

Lastly, just as a reminder, many U.S. Consulates remain closed and the travel bans on citizens from certain countries being able to enter the U.S. remain in place.

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 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

What In The World Is Going On As Of February 2, 2017?

Wednesday, February 1st, 2017

By Brian Taylor Goldstein, Esq.   

On January 30, 2017 we posted an update to clarify what was going on (at least as of Sunday, January 29, 2017) with regard to President Voldemort’s now infamous January 27, 2017 Executive Order and how it impacts the arts. As you may imagine, as the result of lawsuits and procedural confusion, the situation continues to develop…often hourly. As our office continues to address issues and implications on the front lines, we are relying upon the American Immigration Lawyers Association, The League of American Orchestras, the US Performing Arts Task Force, and other vital organizations who continue to monitor and report on the situation at all levels.

While there are still more questions than answers, the situation is starting to normalize somewhat…until they change. Nonetheless, as of today, here are the most accurate answers to the most frequently asked questions:

Does President Voldemort’s Executive Order and travel ban apply to Citizens of the 7 countries (Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen) who also hold US Visas or Green Cards?

  • Yes.
  • The Department of State has indicated that it is “provisionally” (ie: temporarily) revoking all visas and green cards for nationals from the 7 countries named in the January 27 Executive Order.
  • This does not affect visa holders or green card holders who are currently in the US. They can stay.
  • If a green card holder was out of the US as of January 27, 2017 or travels out of the US after January 27, 2017 and attempts to return, then such individuals ARE subject to the travel ban. However, green card holders are eligible for national interest waivers consistent with the provisions of the Executive Order. According to the Executive Order, absent significant derogatory information indicating a serious threat to public safety and welfare, green card status will be a dispositive factor in case-by-case determinations of whether or not a green card holder may re-enter.
  • So far, only two green card holders from the list of 7 countries have been denied entry: One, who was denied based on a criminal record, and another individual chose to return to Canada and withdrew his request for entry.
  • If a visa holder was out of the US as of January 27, 2017 or travels out of the country after January 27, 2017, they will not be allowed to re-enter at this time.

Does President Voldemort’s Executive Order and travel also apply to students who are citizens of the 7 countries (Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen)?  

  •  Yes.
  • F1/J1/M1 visas are currently temporarily suspended. Individuals who were in the US at the time of the signing of the executive order are not affected by the order.
  • Students who were out of the US as of January 27, 2017 or travel out of the US after January 27, 2017 and attempt to return will not be allowed to return at this time. The Department of State is evaluating whether those who are precluded from returning as a result of the Executive Order will be considered to have maintained their status as F1 or M1 students.

Does President Voldemort’s Executive Order and travel ban apply to individuals who are citizens of the 7 countries (Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen) but who also are citizens of other countries (ie: dual citizens)?

  • No.
  • Travelers are being treated according to the passport they present at the time of entry into the US. For example, if they hold both Iranian and Canadian passports, then, absent significant derogatory information indicating a serious threat to public safety and welfare, they WILL be allowed to enter.
  • However, if an individual holds a visa, the visa stamp MUST be in a passport that is not from one of the 7 countries. For example, if an artist with an O-1 holds both Iranian and UK passports, the O-1 visa must be in the UK passport.

Does President Voldemort’s Executive Order and travel ban apply to individuals who may have been born in one of the 7 countries (Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen), but who are no longer citizens?

  •  No.
  • However, individuals who were born in these and other countries considered to be “at risk”, or still have relatives in these countries, have always been subject to additional security processing and delays at US consulates and upon entry to the US. This will continue.

Does President Voldemort’s Executive Order and travel ban apply to individuals who may have been merely visited or performed in one of the 7 countries (Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen)?

  •  No.
  • However, individuals who have visited these and other countries considered to be “at risk”, have always been subject to additional security processing and delays at US consulates and upon entry to the US. This will continue.

What is the impact of this on artists and individuals from other countries?

  • So far, none.
  • They will be subject to the same inconstant policies and tortuously interpreted regulations as always.

What is the impact of this on USCIS or the processing times at USCIS Service Centers?

  • So far, none.
  • Both USICS Service Centers continue to suffer from high staff turnover and lack of funding. This continues to result in longer processing times and an increase in Requests for Evidence (RFE).
  • While the California Service Center “tends” to process petitions more quickly than the Vermont Service Center, we continue to advice clients to anticipate standard processing to take 3 – 4 months at both service centers. Do not rely on the anecdotal information of others to the contrary!

What is going to happen next?

  •  Who the hell knows? However, according to two “leaked” provisional/proposed Executive Orders, here’s what we anticipate:
    • Further restrictions and clarifications on the limitations of B-1/B-2 (visitor/business) visas and those eligible to enter on visa waivers (Ie: ESTA) with respect to what they can and cannot do in such status. We’ve have said this 1000 times, but we keep getting questions about this: Artists cannot perform on visitor visas and/or on ESTA status. Not for free. Not for education. Not for schools. Not for training. Not if no tickets are sold. Not no way! Not no how! If any US manager, agent, presenter, venue, or academic institutions tells you otherwise—RUN AWAY!
    • Additional restrictions and oversight of students eligible for “practical training” during or after their course of study.
    • Additional countries being added to the list of banned nationalities.

Lastly, because the situation can change at any time, it is critical that you consistently check with reliable sources for updates and developments before making any travel decisions, applying for visas, or booking foreign artists. We strongly recommend:

1) www.artistsfromabroad.org

2) The USCIS website: www.uscis.gov

3) The US Department of State website: www.travel.state.gov

4) The US Customs and Border Patrol website: www.cbp.gov

5) Licensed immigration attorneys

 ________________________________________________________________

For additional information and resources on this and other legal, project management, and business issues for the performing arts, visit ggartslaw.com

To ask your own question, write to lawanddisorder@musicalamerica.com

All questions on any topic related to legal, management, and business issues will be welcome. However, please post only general questions or hypotheticals. Questions will be answered ONLY in future blogs. GG Arts Law reserves the right to alter, edit or, amend questions to focus on specific issues or to avoid names, circumstances, or any information that could be used to identify or embarrass a specific individual or organization. All questions will be posted anonymously and/or posthumously.

__________________________________________________________________

THE OFFICIAL DISCLAIMER:

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 email, filing a lawsuit, or doing anything rash!

 

 

 

 

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

Student Visas: A School for Scandal?

Wednesday, May 8th, 2013

By Brian Taylor Goldstein, Esq.

Dear Law and Disorder:

May a non-resident alien (Russian) musician here for an advance graduate school degree on an F-1 visa be paid for playing some off-campus recitals? Are they considered “Curricular Practical Training” which is supposed to be allowed, if approved by the Designated School Official? (Of course, 30% of the gross fee would have to be withheld unless a CWA is obtained.) Thanks for your advice!

A lot of schools, universities, and conservatories are all too happy to accept foreign students without really explaining that their ability to “work” in the US during their studies, much less remain long enough after graduation to establish careers in the US, is very limited and restrictive. (Remember, as it applies to artists, the twisted tomes of US immigration law define “work” as any performance in front of an audience regardless of whether or not tickets are sold or the artist is paid.)

While obtaining authorization for a foreign student to perform concerts and recitals on-campus is fairly simple, performing concerts and recitals off-campus can be a bit much trickier. One of the ways foreign students can be granted authorization to perform concerts and recitals off campus is to be approved for Practical Training. Foreign students are eligible for Practical Training once they have been enrolled for at least one academic year (nine months). There are two types of Practical Training: Curricular Practical Training (CPT) and Optional Practical Training (OPT).

CPT includes programs that are an “integral part of an established curriculum.” That is, the off-campus concerts and performances must be associated with the school’s established curriculum and must be an integral part of the student’s degree program. While it is completely within the discretion of the school to determine what qualifies for CPT and what constitutes “an integral part of the student’s degree program,” CPT programs are typically listed in the school’s course catalog with the number of credits included and the name of a responsibility faculty member. CPT programs typically include work/study, internships, or any other type of required internship or practical performance experience which the school believes is necessary for the student’s degree or course of study.

OPT, by contrast, is not tied to the curriculum (though it is supposed to be “related” to the student’s field of study) and can be used for up to a year full time (two years part time) on campus or off campus. OPT can take place either before graduation or in the year following graduation. OPT that takes place before graduation can only be used for up to 20 hours per week during the school year (though full time work is permitted during holidays and vacation periods if the student applies). After graduation, the employment can be full-time. Post-graduation OPT must be completed within 14 months of the student’s graduation. A student can have OPT for a maximum of twelve months after graduation.

A note of caution: while students may take an unlimited amount of Practical Training, if they take more than a year of CPT, they are barred from seeking OPT. This can be critical because the OPT may be a student’s only opportunity to perform professional engagements in the US after graduation. As USCIS discourages students from switching easily from F-1 classification to O-1 classification, any hope of doing so usually rests with what the student is able to do during their year of post-graduation OPT. Total CPT up to 364 days or less will not result in the loss of OPT. However, part time work using CPT for more than a year has been deemed to result in the loss of eligibility for OPT. In short, avoiding the loss of OPT eligibility requires both good record keeping of the time spent performing on CPT as well as a lot of math!

In your case, assuming the Designated School Official (DSO) approves the student’s request to perform the off-campus recitals, the DSO will enter the information in SEVIS and print out an I-20 with the CPT authorization for the student. The DSO is required to sign and date the I-20 prior to returning it to the student. While no employment authorization document from USCIS is needed for curricular practical training, the student may not begin work using CPT until getting the endorsed I-20.

So long as a student is approved for either CPT or OPT, then, yes, the student can be paid. However, while your willingness to acknowledge US tax-withholding obligations is both rare and commendable, it may be premature. First, Russians belong to a small list of countries from whom no withholding is required because all money earned by Russians nationals in the US is tax exempt. However, this changes if the Russian is considered a “resident alien” for tax purposes. Second, just because a student (or anyone, for that matter) is a “non-resident” for immigration purposes, doesn’t mean they are a “non-resident” for tax purposes. It all depends on how much time they spend in the US each year. As with all foreign artist tax matters, it’s a very fact specific analysis. Assuming your student in approved for CPT, then I would strongly recommend you consult with an expert in foreign artist taxation to determine the student’s specific withholding and tax obligations.

__________________________________________________________________

For additional information and resources on this and other legal and business issues for the performing arts, visit ggartslaw.com

To ask your own question, write to lawanddisorder@musicalamerica.org.

All questions on any topic related to legal and business issues will be welcome. However, please post only general questions or hypotheticals. GG Arts Law reserves the right to alter, edit or, amend questions to focus on specific issues or to avoid names, circumstances, or any information that could be used to identify or embarrass a specific individual or organization. All questions will be posted anonymously.

__________________________________________________________________

THE OFFICIAL DISCLAIMER:

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 email, filing a lawsuit, or doing anything rash!

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

Broadening Your Repertoire Horizons

Thursday, February 7th, 2013

By: Edna Landau

To ask a question, please write Ask Edna.

I am extremely grateful to the following individuals whose input was of great assistance in preparing this week’s column: Nadine Asin, Emanuel Ax, Bärli Nugent, Jay Campbell, David Finckel, Ani Kavafian, Jennifer Koh and Lucy Shelton.

Dear Edna:

I have read a number of your blog posts in which you encourage young musicians to incorporate into their programs commissioned works by their contemporaries and unusual repertoire that is deserving of more frequent exposure. With everything I have to do to meet the requirements of my Master’s degree in piano, it is hard to set aside time for researching this. I actually don’t even know where to start. Can you help? —Robin S.

Dear Robin:

Thanks for writing with a question that I expect will be of interest to many of our readers. Since you are still in school, you have considerable resources at your disposal. First and foremost are your teachers. Be sure to share your curiosity about repertoire with them as they will undoubtedly have ideas about works that will suit your musical temperament. If your school has a composition department, that should be your next port of call. Composers are eager to have their music performed and if they haven’t written anything for piano, consider commissioning them. While still at school, they may charge a nominal fee or nothing at all in exchange for getting their music heard. They might also tell you about their friends who may have written for your instrument.  You have also probably seen me write about the importance of going to concerts of music with which you are not familiar. You might hear a ravishing song cycle and discover that the composer also wrote solo piano works or chamber works with piano that you’d love to explore.

Here are some additional suggestions and resources which you might find helpful, both with regard to new and older music:

WEB RESOURCES

  • All music publishers list their catalogues online. Some give you the opportunity to listen to sound clips of particular works (for example, http://www.boosey.com and http://www.schirmer.com).  The Schott Music Corporation’s Project Schott New York features more than seventy new works by over thirty composers, with listening samples and videos embedded in the blog section of the website.
  • School libraries are a great resource. If you can’t physically get to them, many offer a wealth of information online. One example is Yale University’s Irving S. Gilmore Music Library (http://www.library.yale.edu/musiclib) whose website offers a broad variety of useful information.
  • Cellist Jay Campbell finds http://brahms.ircam.fr useful when seeking the comprehensive works of a particular composer, especially for 20th century music and music of today.
  • The website http://www.arkivmusic.com is primarily a source for purchasing recordings but it contains a great deal of information about a large variety of composers and their works, as well as listening samples.
  • Emanuel Ax told me about the Petrucci Music Library, a source for a huge amount of work that is in the public domain and can be accessed on computer for free. (I am told it can even be downloaded to your iPad.) He also told me about Music for the Piano: a Handbook of Concert and Teaching Material from 1580 to 1952 by James Friskin and Irwin Freundlich (Courier Dover Publications, 1973).
  • David Finckel called my attention to Classical Archives which offers a broad scope of works that can be listened to in full. A subscription costs $7.99 a month.

OTHER IDEAS

  • Look at catalogues of great composers to whose music you are drawn to see what they wrote for your instrument.
  • Explore the recordings of great artists of the past on your instrument. They often reveal neglected gems that were frequently played in times gone by.
  • If you have heard of a composer who you think might be of interest to you, they are in all likelihood represented by performances of their works on YouTube.
  • The ASCAP Foundation and BMI both give awards to young composers and have an impressive track record of having recognized gifted young composers before they became famous. The names can be found on their websites.
  • Look at programs from broad ranging and innovative concert series and festivals to be introduced to new works and composers. Don’t limit yourself to solo works. A chamber piece can be very refreshing on an otherwise solo recital program. Take a look, also, at works being performed by artists and ensembles who you admire.
  • Acquainting yourself with composer anniversaries (births and deaths) may draw you to works that you may not know and that may prove interesting to both presenters and audiences alike. A good source for such information is Classical Composers Database.

All of the artists I spoke to in preparing this column weighed in strongly about the responsibility of today’s musician to explore the great heritage of repertoire for their instrument and to become part of the exciting community of new composers writing for it. They emphasized how much easier it is today than it was thirty or more years ago when research could only be done by physically going to a library. Ultimately, an artist should only play repertoire that truly appeals to them and that demonstrates their strengths to the fullest advantage. However, a musician who expends energy in meeting composers and is generally curious about repertoire  is someone who is likely to connect most successfully with fellow musicians, presenters and even record companies, and enjoy the richest and most meaningful experiences throughout their career.

To ask a question, please write Ask Edna.

© Edna Landau 2013

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