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US visa hike for foreign artists given green light

Some petition-based visas are set to increase by as much as 260% from April but the sector is working hard to establish alternative routes...

By Lisa Henderson on 19 Feb 2024

The model has already been "successfully implemented" at many US shows

US visa petition fees are set to increase by as much as 260% from 1 April, impacting international musicians hoping to perform in the country.

The US government initially proposed increases in January 2023 but after backlash from the sector, hikes were paused until now.

Now, fees for the petition-based O and P visas are set to surpass US$1,000 (£797) for applicants whose petitioner is a large business (eg a major agency, promoter or record label).

O visa petitions – which allow applicants from business, entertainment, sports and arts to work in the US for up to three years – will rocket by 260%, from $460 (£366) to $1,655 (£1,312).

P visas – which permit artists to work in the country for a shorter time frame – will increase by $460 (£366) to $1,615 for applicants.

However, the increases are less dramatic for applicants whose petitioner is a non-profit or small business (25 or fewer full-time employees).

The sector is currently exploring how more artists can apply for visas with a nonprofit as the petitioner

For O visa petitions, where the petitioner is a nonprofit, the fee is rising by $70 to $530. Where the petitioner is a small business, the new fee is $370 more—$830.

For P visas, where the petitioner is a nonprofit, the fee is increasing by $50 to $510. Where the petitioner is a small business, the new fee is $350 more—$810.

The sector is currently exploring how more artists can apply for visas with a nonprofit as the petitioner.

The new regulations also limit the number of beneficiaries that can be included on a single petition to 25. This 25-beneficiary cap applies to all O and P petitions, and will significantly increase the costs for large ensembles that use P or O-2 visas, such as orchestras and theatre and dance companies.

There are also changes to USCIS’s Premium Processing time frame and fees, with the guaranteed time frame for the optional expedited service increasing from 15 calendar days to 15 business days. The Premium Processing fee is also set to change on 26 February, rising from $2,500 to $2,805.

In more positive news, the backlog of applications made using the standard processing time has cleared, meaning applicants will no longer be unnecessarily forced to pay for the expedited service.

 


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