policy and advocacy

Issue Brief: Improving the Visa Process for Foreign Guest Artists at U.S. Citizenship and Immigration Services (USCIS)

ACTION NEEDED
We urge Congress to enact legislation that will reduce the total processing times for O and P petitions filed by, or on behalf of, nonprofit arts-related organizations to a maximum of 45 days.

TALKING POINTS

• Congress has already indicated strong, bipartisan support for this provision.  Key House and Senate Judiciary Committee members have signaled bipartisan support for this measure, and the provision was included in the 2006 comprehensive Senate immigration reform bill.  It is time to enact this non-controversial improvement to the artist visa process.
• The proposed time-frame for processing O and P visas is eminently reasonable and consistent with security concerns.  Congress recognized the time-sensitive nature of the arts when writing the 1991 federal law regarding O and P visas, in which the USCIS is instructed to process O and P arts visas in 14 days.  This mandate has never been implemented by USCIS.
• Most nonprofit arts organizations cannot afford the $1,000 Premium Processing fee, leaving them to await the unpredictability of the regular visa processing.
• Delays and unpredictability in artist visa processing:
• deny the American public the opportunity to experience international artistry.  Performances and other cultural events are date, time, and location-specific.  The nature of scheduling, booking, and confirming highly sought-after guest soloists and performing groups requires that the timing of the visa process be efficient and reliable.
• cost American artists important employment opportunities.  If an international guest artist cannot obtain a visa in time to make a scheduled performance, then the many American artists who were scheduled to work along side the guest artist may lose a valuable and much-needed source of income and exposure.
• create high economic risks for nonprofit arts institutions and the local economies they support.  Nonprofit arts groups must sell tickets in advance, creating a financial obligation to their audiences.  Regular visa processing now takes too long for arts organizations to accommodate, directly impacting their bottom line.
• Global cultural exchange is important now more than ever. American nonprofit 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.  When Secretary Michael Chertoff announced the U.S. Department of Homeland Security’s agenda on July 13, 2005, he said, “Our heritage and our national character inspire us to create a more welcoming society for those who lawfully come to our shores to work, learn, and visit.”

BACKGROUND
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. These delays began in June of 2001 (prior to September 11th), when USCIS adopted a Premium Processing Service, guaranteeing processing within 15 calendar days at an unaffordable cost for most nonprofit arts organizations - $1,000 per petition.

Prior to creation of the Premium Processing Service, regular O and P visa processing took an average of 45 days. (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.) For those unable to pay the $1,000 Premium Processing fee, regular processing times have varied between 45 days to six months.  Inconsistent policies in processing artist visa petitions result in delays, expense, and unwarranted requests for further evidence.  Current USCIS policy dictates that nonprofit arts organizations are not allowed to file earlier than six months before an artist’s events, leaving a very small window for visa approval. 

There is a continuing risk that foreign guest artists will be unable to enter the United States in time for their engagements, causing financial burdens on nonprofit arts organizations, the international artist, and the local artists that were scheduled to perform alongside the international guest.

The total processing times for O and P arts-related visa petitions should be reduced to a maximum of 45 days by requiring USCIS to treat as a Premium Processing case (15-day turn-around), free of additional charge, any arts-related O and P visa petition that it fails to adjudicate within 30 days.

On May 25, 2006, the Senate approved the above provision as part of their Comprehensive Immigration Reform  Act, S. 2611.  The artist visa provision was included in a larger package of amendments to the Senate immigration bill (so there is no up-or-down voting record on the specific artist provision). This relief for artist visas found overwhelming bipartisan support, and several Senators noted below provided crucial leadership that led to success.  While debate over the overall immigration reform measure stalled in 2006, Congress must now commit to passage of the artist visa provision.

Numerous members of Congress, including members of the House and Senate Judiciary Committees, have already gone on record urging USCIS to improve the visa process for foreign guest artists. The following members of the Senate and House are leading congressional efforts to improve the artist visa process: Senators Patrick Leahy (D-VT), Edward Kennedy (D-MA), Dianne Feinstein (D-CA), John Kerry (D-MA), Arlen Specter (R-PA), Orrin Hatch (R-UT), John Cornyn (R-TX), and Saxby Chambliss (R-GA); and Representatives John Conyers (D-MI), Zoe Lofgren (D-CA), Howard Berman (D-CA), Lamar Smith (R-TX), James Sensenbrenner (R-WI), Dan Lungren (R-CA), and Louie Gohmert (R-TX).