®
®
Visa Issues
Note: For technical assistance on visa applications and on tax issues with regard to foreign
guest artists, please see the website
www.artistsfromabroad.org
There are 3 steps to the visa process:
Since the middle of 2001, it has been increasingly difficult for foreign artists to obtain visas
to tour in the US. In July of that year, the then-INS instituted a "premium processing fee" of
$1000 that one had to pay to guarantee action on a visa application within 14 days in an
expedited way. Despite promises to the contrary, regular processing times grew longer for people
unable to pay the additional fee. Then Sept. 11th happened.
Since September 11th, there have been even more delays due additional steps added in the name of
security (checking of applicant names against several security databases chief among them),
resulting in artists being unable to get visa approvals in time for the opening dates of tours,
or canceling altogether. Since January of 2002, Folk Alliance has been active with several other
performing arts organizations (Association of Performing Arts Presenters, Dance USA, American
Symphony Orchestra League, Opera America and Theatre Communications Group) on visa issues through
the Performing Arts Visa Task Force (PAVTF). The task force's main focus has generally been the
visa processing conducted by the BCIS (Bureau of Citizenship and Immigration Services - formerly
known as the INS - which is under the Department of Homeland Security).
Initially our efforts centered on developing new legislation as a remedy for the visa-processing
problems, but early this year we began seeking administrative relief through regulatory change,
rather than trying to enact new law in the current climate. We've succeeded in gaining key
support of legislators in the Senate and House to help us pursue this kind of change directly
with BCIS. Senators Kennedy, Hatch, and Chambliss and Representatives Hart and Berman have
spearheaded our campaign by sponsoring letters to BCIS on our behalf. Folk Alliance members in
key states (where their Congressional members were on the Judiciary committees of House and
Senate) were asked to contact their Congressional delegations for further support, and many
members responded, which helped us a great deal.
Specifically we are seeking the following changes in the processing regulations:
These small steps will go a long way to reducing some of the problems in visa petitions for
artists tours.
The letters have gone in from both Senate and House, and preliminary responses received from
BCIS. Judiciary committee staff have scheduled meetings with BCIS staff, and the PAVTF are
working now to schedule appointments with key personnel at both BCIS and the State Department
to further discuss the issues facing the non-profit arts community.
Since the fall of 2002, we've also been active in the
Advocacy Committee of the World Music Coalition,
which has concentrated on the second step of the visa process, the actual issuing of the visa at
the consulate level, which is under the Department of State. Implementation of several measures
since September 11th (names are required to go to headquarters for checking against security
databases, personal interviews are now required to obtain a visa for almost everyone, collection
of "biometric" data [fingerprints, etc.]) have had a chilling effect on artists' desire to tour.
The Committee has sponsored a letter-writing drive among world music presenters and audiences in
2003, and continues to work on the issue. The flyer for that
campaign is available for download
here, and you are encouraged to distribute it.
WHAT MEMBERS CAN DO
It really does make a difference if you contact your Senator or Representative. They do respond
to constituents, and your voice has power. So when you receive an Action Alert from the Folk
Alliance office, please take the actions outlined to help us keep the borders open for touring
artists. Some alerts may be state/district specific, others may be for everyone, so please do
respond!
If you are a venue, festival or agent who has had delays or denials of visa petitions, please
send us that information, with as much documentation as you can. BCIS staff is always asking us
for concrete examples of the problems we encounter, and the more information we can present to
them, the stronger it makes our case. Do track dates, times, requests for information, and as
much information as possible.
Detailed technical assistance on visa applications and procedures, please see the website
Artists From Abroad.
Examples
Most often the trouble that tour sponsors have is not outright denial of a visa, but rather
extended delays in the actual issuing of visas that cause artists to miss early dates in a tour,
or even the entire tour. These delays can happen at either BCIS or the Consulate level. In
addition, artists have been turned back at the border.
July 2003 Sierra Maestra, a traditional music band from Cuba, were unable to meet their tour
dates in June and July of 03. Their visa was approved at BCIS in April, but by June they had not
cleared the security check process through the US consulate in Cuba. In addition Chucho Valdes,
Cuban pianist, missed 2 US performances because of visa delays.
The World Music Institute had 9 performances cancelled in 2003 because of visas being delayed,
usually the first 3 or so dates of an extended tour. For their Masters of Persian Music tour, 3
of the artists got visas in time for the beginning of the tour, the 4th, only half way through.
Pia Fraus, Brazilian puppet-theater group, canceled performances in Florida in March because of
visa problems due to a consulate closing. There were unable to have the required personal
interview
The Gaelic Roots Music, Song and Dance Summer School and Festival in Boston held their last
festival in 2003, after 10 years of the event. The task of visa application and follow-up have
proven too much for the organizers and the artists both, and they have given up. This is the
most serious effect that the visa issue is having - people are giving up and not even trying.
PROs
The Performing Rights Organizations (three in the U.S.: ASCAP, BMI, and SESAC; and one in Canada:
SOCAN) have the mandate to provide licenses for and collect fees for live performances at venues
of all types (including festivals, clubs, etc.) and for radio airplay. They then have the
responsibility to distribute those funds back out to the songwriters, composers, and publishers
of the material performed.
Historically folk venues have felt they are being charged fees that are out of proportion with
their revenues. There is no special rate for non-profits, nor are non-profit presenters exempt
from the requirement to license music for performance. Licensing is an "all or none"
consideration. The PROs do not license song-by-song from their repertoires - you can't negotiate
a license based on using only a percentage of their material. Traditional material that is not
listed with any PRO is exempt from licensing, but keep in mind that artists do license their
arrangements of traditional songs, and those do come under licensing requirements.
Often folk venues are put in the wrong schedules, and may be charged more than they should be.
For instance, a church-basement coffeehouse might receive the schedule for a restaurant license,
because of the "coffeehouse" in the name. Additionally, folk performers do not receive
significant distributions from the PROs, because of how the PROs determine who gets paid.
Folk Alliance efforts in the past have looked at both the licensing and distributions sides of
the equation, but have been unable to come up with a comprehensive agreement to date. We have
re-opened negotiations with (currently) ASCAP and BMI on the issue of a discounted association
license for Folk Alliance members. We met with representatives of both organizations in August,
and are continuing discussions with both, with a goal of having agreements in place by the
February conference.
We are also putting together information for our website on the whole topic of licensing and the
PROs, to provide background and knowledge of the issue for our members. That will be published
soon in the Advocacy area of our website.
WHAT MEMBERS CAN DO
In 1996 we conducted a comprehensive survey of our songwriting and presenting members, and that
information needs to be updated. We recently polled our performing artist members to find out how
many of them are affiliated with a PRO, and which ones. Thanks to those who responded.
Soon we will be going out with a survey of presenting members, and we will need your information
to help us form the picture of our members for the development of the licensing agreement. You
can rest assured that what we need is the aggregate information - we will not be handing over any
identifying information as part of these negotiations.
We also need your help in alerting us to when there is a problem with a venue being threatened or
closed down by a PRO problem. We often have ways we can help - sometimes it is as simple as
advising on the correct schedule that needs to be used to determine the rates. You can always
someone to the Folk Alliance for assistance.
OUR GOALS
Our goals for this advocacy, beyond the agreements with the organizations, also include:
© 2000-03 North American Folk Music and Dance Alliance. All Rights Reserved