On May 21, 2025, APAP partnered with Covey Law and Tamizdat for an Artist Visa Webinar: Briefing for Performing Arts Professionals. Joined by the APAP team were three leading immigration attorneys—Lee Clark, Matthew Covey, and Will Spitz.
Due to the sensitive nature of the topic, a recording is not available for this webinar. However, as part of APAP’s commitment to serve our members and to the field, we are providing key takeaways from the event.
Processing Times Are Highly Unpredictable.
- There are two USCIS service centers that process O and P visa petitions: Vermont (relatively quick: ~1–3 months) and California (slow: often 6–10+ months).
- Starting just over a year ago, all petitions are randomly routed via Texas, so applicants do not have a choice of which service center processes their petitions.
- Premium processing ($2,805 per petition) is almost a necessity, especially for timely tours. For groups, the cost doubles. Budget $5,610+ if an artist and crew are involved as artists and crew must be on separate petitions.
- Do not attempt to file an artist visa for your crew. Pretending that crew members are performers constitutes fraud and can lead to lifetime bans.
- You can start with regular processing and upgrade to premium later, if needed, so it is advised that you budget for premium processing.
- The premium processing time is guaranteed within 15 business days.
Nationality-Based Challenges Still Exist.
- There are no new travel bans yet, but visa scrutiny and profiling persist—especially for artists from Global South countries and nations with tense U.S. relations (e.g., Iran, Cuba).
- Canadians benefit from streamlined entry; Cuban artists must apply from a third country like Mexico.
- P-2 visas are available through union agreements such as those negotiated through the American Federation of Musicians and Actors Equity, but only for select countries like Canada and the UK.
- Currently China is not seeing any additional scrutiny.
- For more challenging petitions, scrutiny may happen during the consular process.
Visa Types—Know Your Acronyms
- O-1: Solo artists of “extraordinary ability”. This is usually a renowned solo artist.
- O-2: Backing performers for an O-1 artist.
- P-1: Internationally recognized groups.
- P-2: Artists in union-based reciprocal exchange programs (limited eligibility).
- P-3: Artists performing culturally unique work, which refers to art forms that are unique to a country or region.
- O visas can be valid for up to 3 years; P visas max out at 1 year.
- P-3s are currently being processed faster than other P/O visas in California.
Cost and Filing Limits Have Increased.
- Petitions are limited to 25 people; larger ensembles must file multiple petitions.
- Costs vary widely based on whether an attorney is used and if premium processing is required.
- Nonprofits and small orgs received some fee relief due to the advocacy efforts of Tamizdat, APAP, and our industry partners.
- The consular process (step 2 of the process) has long wait times. You can contact your Congress member to help speed up the process and request an expedited interview.
Free Performances, Broadcast Performances Are Not Eligible for Visa Exemption. Recognized Showcases Are.
- Working without pay still counts as employment under U.S. law. This includes free performances or performances in the U.S. for broadcast (radio, television, etc.)
- Only narrow exceptions apply (e.g., a government-sponsored cultural event or accredited academic engagement).
- When considering whether a visa is needed for anyone traveling with you, ask yourself if the U.S. government could make the case that it takes away a job from a U.S. citizen? This may include a spouse taking photos for any official use.
- The “Showcase Exception” must meet two standards: 1) Is the audience principally industry-facing? and 2) Is the showcase opportunity well-known? If there are tickets sold to the public, or if the opportunity is not established, you may not meet the required standards to receive a visa exception.
Trans and Non-Binary Artist Issues
- There are new policy mandates listing sex assigned at birth on visa forms. As a result, the U.S. expects you to answer any questions based on the sex you were assigned at birth rather than your gender identity.
- Applicants may still apply using their current gender identity. Visa mismatches between gender markers on passports and visa documents have not yet blocked entry, but legal and procedural risks remain.
- This is not a ban on trans people getting visas, but it does make for a process that is more complicated and more personal.
- Panelist Lee Clark (who prefaced their remarks that they are an out trans person) raised up two examples of trans artists as two examples of the options trans artists may have.
- Case 1: Someone shared on their visa petition (which asks for sex assigned at birth) information that didn’t match that person’s passport (their current gender). They were able to enter.
- Case 2: Someone submitted their visa petition with their current gender. However, they had previously updated their birth certificate to match their current gender. They were able to enter.
- Most importantly, Tamizdat stated that transgender people will not have their petition denied solely based on gender.
Border Entry Issues: High Anxiety, No New Crackdown
- What is happening at ports of entry is the number one question we are hearing as media reports have caused concern.
- For artists who have followed the proper process, we have not gotten reports increased scrutiny.
- Visa approval does not guarantee entry; CBP officers have broad discretion.
- Land borders are less predictable than airports.
- Phone/device searches are possible but infrequent. It’s good to be aware of what’s on your phone. Also be aware of what can be Googled about you, what is on your social media. Etc.
- You can get your visa stamped in a third country (one other than your home country or the U.S.). However, if there are complications, you may need to return to your home country to resolve them.
- When facing a challenge crossing a border, always answer honestly. Getting caught in a lie is always worse than whatever you did. There are serious consequences for lying including getting banned from entering the U.S.
Independent Artists Can Still Qualify
- Being unsigned or self-managed does not disqualify applicants.
- If an artist has U.S. presenters and sufficient documentation, a petition can succeed.
Resources
- Artists from Abroad: U.S. visa and tax guidance for artists touring in the U.S.
- On the Move: International touring visa guidance on entering a number of countries.
- Tamizdat: Legal aid and advocacy for international cultural mobility, including a free hotline. You can also submit your questions here.
A Final Note
- Rules are currently stable but vulnerable to rapid change.
- Advocates continue pushing for system reform and transparency.
- Artists and presenters should prepare early and remain alert to legal and policy shifts.
