4 minute read
Festivals Without Borders
With Robert Baird
UNDERSTANDING THE VISA PROCESS FOR FOREIGN ARTISTS
Contracting foreign artists to enhance your festival entertainment offerings is always fraught with complications. Will they make it to my festival with the difficulties involved in current travel as flights are cancelled, or delayed by weather, etc.? Will they be able to get an entry visa in time for their performances at my festival? Once they make it to North America, will they have any problems at the border? What will I need to know to deal with taxation issues?
It has never been easy to cross any borders and today it is complicated and costly, but ultimately worth it, as foreign artists bring their unique talents and performances and enrich what we can offer to our festival attendees.
Here are some of the lessons I have learned in processing visa applications over the past years:
Start as early as possible – up to a year in advance.
If you try to enter the United States to work without a work visa you can be banned from entry in the USA for up to 10 years.
You need an entry visa as well as a work visa to enter the United States. The entry visa is acquired from the State Department under a separate DS-160 process. This does not apply to Canadian citizens as they can cross at the U.S. border with just their work permit.
There is a Showcase Exception which may avoid the need for a work visa but there are strict requirements for this Exception. This does not apply to Canadian citizens as they can cross at the U.S. border with just their work permit.
You can enter the U.S. 10 days before the approved date on your work visa I-797 and stay 10 days after the approved date BUT, if you intend to stay for the 10-day period after, you must get it approved by the Border Patrol officer when you enter and it must be on your I-94 record.
A work visa application is restricted to 25 beneficiaries now.
The time frame for a response from USCIS on a visa application is 15 business days with Premium Processing and approximately 3 months with Regular Processing.
That response might be a Request for Evidence which will stop the processing clock and require you to respond to the adjudicator’s request for additional documentation.
The time required to get an appointment at a Consulate for the entry visa must be factored into your touring schedule. Wait times for appointments vary from Consulate to Consulate.
You must deal with the 30% withholding on fees paid to foreign artists in the United States. It is best to get a CWA or file a W-8BEN-E or Form 8233 whichever is appropriate.
Filing of a U.S. tax return is a requirement for foreign artists performing in the United States.
There is no requirement to obtain a work permit in Canada for most artists on tour.
You must deal with the 15% withholding on fees paid to foreign artists in Canada. An R-105 waiver is recommended.
Filing of a Canadian tax return is a requirement for foreign artists performing in Canada. There is a penalty of CAN$2500 for not filing the required return.
Some of these lessons will only be understood if you are familiar with the visa process and becoming familiar with it will be a plus for your organization. The visa process is, understandably, one which requires the applicant to prove the worth of foreign artists and convince immigration authorities that their entry into the country will be a positive benefit to that country. In the end, being able to add foreign artist to festival lineups is a win-win for everyone involved.
Robert Baird is President of BAM! Baird Artists Management Consulting in Toronto, Canada and an acknowledged expert in international touring including visas, withholding and taxation. He offers free advice to artists, agents, managers and venues and has an international clientele. He served for many years on the Executive Board of Festivals and Events Ontario (FEO) and is a former Vice-President of that organization. He can be reached at: P: 1-800-867-3281 E: robert@bairdartists.com or for more information go to: www.bairdartists.com
