US VISAS:

Application Process: Petition

The first step in obtaining a working visa for the States requires the 'applicant's sponsor' (in this case the employer or engager) to file a 'petition' on their behalf with the Department of Homeland Security, United States Citizenship and Immigration Service (USCIS).

In the case of self-employed musicians who use agents to arrange short-term employment, such as tours, with numerous employers, such an agent may also file a petition with the USCIS.

It is worth noting that USCIS will split touring groups into 'Band' and 'Crew' with one petition required for each. Furthermore you should be aware that you often cannot vary the names on each of the petitions once they are submitted and any 'additions' of personnel - even if they are a direct replacement for someone named in the petition - will frequently require a new petition with the associated costs.

You can substitute Musicians on P visa petitions, should someone not be able to go for personal or health reasons, however, the replacement will need a letter stating this and that they have rehearsed with the group and therefore the only one who can take over the required role. You cannot substitute crew members and you cannot substitute any O Petition holders.

Application Process: Visas

After approval of the petition by USCIS each individual applicant named on the petition will be required to apply for a visa, usually in their country of residence, before traveling to the States.

At present, we ask you to complete the non-electronic versions of the DS156 and DS157 forms, we will then check them for errors and input the data onto the electronic forms, which gererate a 2-D Barcode. We then coordinate your appointment and create a pack with all the required documentation and full instructions, so that you may add your passport and one colour photograph (with white background) before attending the Embassy.

You will then attend a personal interview at the US Embassy in London. Whilst such interviews normally last no more than 10 minutes, the waiting time can be upto three hours. At this time, every applicant has to apply in person as part of each visa application, regardless of having been issued previous visas.
VISA FREE TRAVEL (VWP - Visa Waiver Program) If you have no arrest history and are from a country in the Visa Waiver Program, you can register to travel visa free on ESTA (Electronic System for Travel Authorisation) at the site below.

http://www.usembassy.org.uk

Visits for solely promotional purposes should be supported by a formal letter from a band's record company stating the importance of such a visit and that no performance will be undertaken. Be aware that this is a very grey area, if an Immigration Official at the Port of Entry suspects that an act will be performing for an audience they are liable to send them home. If an individual is "Turned around" at port of Entry in the U.S. they may be banned from the country for 5 or 10 years, and even if they are not banned, may NEVER again use the Visa Waiver Program for visa free travel.

MORE INFO:

VISA CATEGORIES for musicians and entertainers.

O - 1 classification applies to persons who have extraordinary ability in the sciences, arts, education, business or athletics, or extraordinary achievements in the motion picture and television field

O - 2 classification applies to persons accompanying an O-1 visitor to assist in an artistic or athletic performance for a specific event or performance

P - 1 classification applies to individual or team athletes, or members of an entertainment group that are internationally recognised

P - 2 classification applies to artists or entertainers who will perform under a reciprocal exchange

P - 3 classification applies to artists or entertainers who perform under a programme that is culturally unique

B1-B2 Visa for those who regularly travel to the U.S. for business meetings and may be using the VWP often enough to raise concerns at immigration, or for those who are ineligible to use the VWP, or for domestic employees of a person who is not normally resident in the U.S. but who require the employee to travel with them to the U.S.

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What Happens If I Have Been Arrested?D?

If you have ever been arrested you will need to obtain a visa prior to travelling to the U.S.

This is the case even if no conviction came as the result of the arrest. Please also be aware that the U.S. government does not recognize the Rehabilitation of Offenders act.

To make such an application you will need to complete three forms

DS156 – Non-immigrant Visa form
DS157 – Supplemental Non-immigrant Visa form
VCU form

In addition you need to obtain a police certificate by completing the ACPO form

Please call us so that we can give further advice.