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 members of Congress to contact Director Eduardo Aguirre at U.S. Citizenship and Immigration Services (USCIS) and urge immediate adoption of the following common sense administrative reforms:

• Reduce the regular processing times for O and P petitions filed by, or on behalf of, nonprofit arts-related organizations to a maximum of 45 days
• Allow applications for O and P visas to be filed one year before the proposed employment will begin, which may provide immediate relief to petitioners able to file far in advance
• Update the O and P visa petition form and instructions, which are outdated and inaccurate
• Implement uniform policies, procedures, and training at USCIS for handling all petitions.

TALKING POINTS

• Delays in visa processing create high economic risks to nonprofit 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.
• Regular visa processing has increased to up to six months, quadrupling the visa wait time. Performances and other cultural events are date, time, and location-specific.  The timing of the visa process must be efficient and reliable.
• 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. 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.”
• Most nonprofit arts organizations cannot afford the $1,000 Premium Processing fee, leaving them to await regular visa processing.
• The USCIS is capable of making these reforms. The administrative reforms proposed are consistent with security concerns and eminently reasonable.  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.  Reliable visa processing within 45 days is a more than reasonable request.

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, it can now take up to six months to process regular visa applications.  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. 

Current USCIS practice compounds the growing 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, and potentially denying the American public the opportunity to experience international artistry due to delays and cancellations.

The following members of the Senate and House are leading congressional efforts to improve the artist visa process: Senators Arlen Specter (R-PA), Edward Kennedy (D-MA), John Cornyn (R-TX), Patrick Leahy (D-VT), Saxby Chambliss (R-GA), Orrin Hatch (R-UT); and Representatives Melissa Hart (R-PA) and Howard Berman (D-CA).