6/8/05
USCIS Proposes Change to Visa Process for Foreign Guest Artists
New Rule Would Shift 6 month Filing Period
Comments Due by Monday, June 27th

ISSUE
Delays by U.S. Citizenship and Immigration Services (USCIS) are making it increasingly difficult for international artists to appear in the United States. Nonprofit arts organizations confront long waits and uncertainty in gaining approval for visa petitions for foreign guest artists.

BACKGROUND
Current law requires a maximum 14-day process for regular O and P non-immigrant work related visa petitions. The O category is used by individual foreign artists and the P category is used by groups of foreign artists, reciprocal exchange programs, and culturally unique artists.

Delays began in June of 2001, prior to implementation of post-September 11 security measures. At that time, USCIS adopted a Premium Processing Service, guaranteeing processing within 15 days upon payment of an additional $1000 fee per petition. This is unaffordable to most nonprofit arts organizations. Currently it can take USCIS up to six months to process the visa petitions in the O and P category. In addition to the lengthy USCIS processing, visa issuance at U.S. consulates abroad is taking longer.

Currently, the earliest a performing arts organization can file for a visa petition for a foreign guest artist is up to six months in advance of a performance. Arts advocates have asked USCIS to extend the earliest filing date so that those prepared to file earlier could submit their petition to USCIS up to one year in advance of a performance.

WHAT WE HAVE BEEN DOING
Theatre Communications Group, in concert with the Performing Arts Visa Task Force (PAVTF - a coalition of national nonprofit performing arts service organizations) and the American Arts Alliance, has been working to persuade USCIS to make the O and P visa process efficient, reliable, and affordable.

In December 2004, progress was made when USCIS drafted a rule to allow applications for O and P visas to be filed one year before the proposed employment will begin. On April 28, 2005, the proposed rule was published in the Federal Register for public comment.

All submissions received must include:
Agency name: USCIS
Docket number: CIS No. 2295–03

It is helpful for us to see your comments. Please mail, e-mail or fax a copy of your comments to Laurie Baskin at TCG at (212) 609-5901 (fax) or via email at lbaskin@tcg.org. Thank you!

This Action Alert is provided by TCG. If you have any questions or need more information, please contact Laurie Baskin, Director of Government & Education Programs, at (212) 609-5900 or email lbaskin@tcg.org.

SAMPLE LETTER
[Note: Please personalize your letter by sharing information about yourself and your organization. Inform the regulators about your organization’s unique and important role in your community and the specific ways the company can or has used the visa process and foreign guest artists to serve citizens and visitors in the district.]

[Date]

The Director Regulatory Management Division
U.S. Citizenship and Immigration Services
Department of Homeland Security
111 Massachusetts Avenue, NW, 2nd Floor
Washington, D.C. 20529

Re: CIS No. 2295-03

On behalf of <organization> I submit these comments in response to proposed rule CIS No. 2295-03 to change petitioning requirements for the O and P nonimmigrant classifications published in the Federal Register (70 Fed. Reg. 21983-85) on April 28, 2005.

<Include a description of your organization here. Include details about how you use the visa process.>

<Organization> is concerned about the consequences of this proposed rule for us and the community we serve.

The language in the rule is confusing and contradictory. We assume that the intent of the rule is to confine the O & P application window to a six month period that begins one year in advance of a performance and concludes six months in advance of a performance. Based on this assumed intent of the rule, we offer the following:

The current six month filing period should be extended to twelve months, not just shifted. We do not support requiring that all petitions be filed at least six months in advance of the performance date.

Many nonprofit arts-related petitioners are not able to apply until less than six months before a performance. Not all arts organizations can file six months in advance of a performance, because of the nature of scheduling, booking, and confirming highly sought-after guest soloists and performing groups.

We support extending the current six month filing period to a twelve month filing period. In some cases, arts-related petitioners will be prepared to file earlier than six months in advance of a performance. Current USCIS policy dictates that nonprofit arts organizations may not file earlier than six months before an artist’s event, which, given current regular processing times, leaves a very tight window for visa approval. Most nonprofit arts organizations cannot afford the Premium Processing Service, so must rely on the uncertainty of regular processing - or the prospect of not scheduling a foreign artist at all. The ability to submit petitions a year in advance will be welcome relief for those non-profit performing arts petitioners that are prepared to file earlier than six months in advance of a performance.

USCIS must reduce the regular processing times, provide updated and accurate forms and instructions, and implement uniform policies and training at its service centers. Simple administrative reforms such as extending the petition period to twelve months are eminently reasonable and provide interim relief to a portion of petitioners, while the remaining majority awaits substantial improvements to the O and P visa process.

All nonprofit arts-related petitioners require affordable, reliable, and timely visa processing. Visa processing delays compound the growing risk that foreign guest artists will be unable to enter the United States in time for their engagements, causing financial burdens on performing arts organizations, and potentially denying the American public the opportunity to experience international artistry due to delays and cancellations.

American performing arts organizations provide an important public service by presenting foreign guest artists in performances, educational events, and cultural programs in communities across the country. The United States should be easing the visa burden for foreign guest artists, not increasing it. In an August 2004 memo to U.S. consulates, then-Secretary of State Colin Powell said, “Ultimately, success will be measured in increased numbers of visa applications, more legitimate travelers contributing to America's economy and culture, maintaining the security of the visa process and delivering the highest quality customer service.”

We request that the final rule expand the current O and P filing period to a twelve-month period beginning one year in advance of a performance.

We are grateful for the opportunity to comment.

Sincerely,

 

 

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