Text by Ari Ambrose ( please contact Ari here in case you want some advice from him: ariam73@gmail.com.)
I am an immigration attorney and saxophonist living in New York. I originally came to New York from Washington D.C. in the early 1990s to attend the Manhattan School of Music, ostensibly to study music but also to be part of the thriving jazz scene here. It was an amazing time to be in New York: I got a chance to see some of my favorite musicians up close, and played sessions with people who later became some of the most influential musicians on the current scene. After some of years of playing and teaching I decided to go to law school, specifically to enter the field of immigration law. Like many people, I’ve had some ups and downs and considered quitting playing music for good, but since becoming an attorney I have managed to keep a fairly active schedule performing, recording, and teaching music.
I met Sohrab, the founder of DooBeeDooBeeDoo, on the subway a few months ago. Sohrab approached me when he saw me with my saxophone case (I think we were both coming from gigs) and asked me if I was a member of the musicians union. We talked about the need for musicians, particularly jazz musicians, to become more politically aware and unified to achieve better working conditions and fair treatment from club owners. It was a refreshing change from the typical New York musicians’ conversation (“yeah man, where you playin?”), and I was particularly interested to learn about Sohrab’s involvement with Justice for Jazz Artists, a campaign that focuses on getting New York jazz clubs to contribute their fair share to musicians’ health and pension funds.
We commiserated on the difficulties of making a living playing a musician, and Sohrab shared his problems dealing with immigration issues and remaining in the U.S. It’s a story that I’ve heard many times before; so many great musicians come here and struggle to find a way to stay in this country and practice their craft, never mind the extra burden of trying to pay the rent playing door gigs. Unfortunately, it’s getting harder for foreign musicians. Immigration is fraught with seemingly insurmountable barriers and hidden pitfalls: even the smallest mistake can have devastating consequences for someone’s ability to get a visa and remain in the country. We agreed that I would write this article for Sohrab’s online magazine, with the hopes of enlightening foreign-born musicians about the possibilities of getting a visa that would allow them to freely pursue their artistic endeavors in the U.S.
Despite its skyrocketing cost of living and rampant inequality, New York remains a major cultural center that draws thousands of musicians every year. For many, including me, the easiest way to get a foothold in New York is to go to school here; the city is home to several well known music conservatories that attract some of the world’s most accomplished musicians. However, musicians from foreign countries who want to pursue their careers here after graduation face the added challenge of figuring out how to stay in the U.S.
In comes the O-1B visa, otherwise known in some contexts as the “artist” visa. The O-1B visa is a temporary non-immigrant visa given to people with “extraordinary ability” in the arts. The law defines “extraordinary ability” as an individual who has achieved “distinction,” otherwise defined as “a high level of achievement in the field of arts evidenced by a degree of skill and recognition substantially above the ordinarily encountered to the extent that a person as prominent is renowned, leading, or well known in the field of arts.”
Unless you have won a Grammy, proving that you have achieved a level of “distinction” means spending months gathering evidence of professional achievements, including press clippings, interviews, reviews of CDs and gigs, programs and flyers, and letters from well known peers and teachers. For recent graduates that can be even more difficult, as many younger musicians are just beginning their professional careers and have yet to amass a substantial record of accomplishments. For that reason, recent graduates are well advised to pursue Optional Practical Training (OPT), which allows them to work in their field of study for a year after completing studies. Further, it gives a potential O-1B applicant more time to get gigs, recordings, tours, and make professional contacts that will be crucial to putting together a successful O-1B application.
The O-1B visa allows musicians to work in their field for up to three years, and can be renewed in one-year increments. If done correctly, the visa can offer crucial flexibility to pursue new opportunities and work. However, two obstacles remain: the O-1B visa requires a petitioner, or sponsor, and applicants must outline what they plan to do in the U.S. for the three-year period. An O-1 applicant must have an employer, agent, or an employer/agent sponsor him or her for the visa. Also, the visa will only be granted for the full three-year period if the applicant can sufficiently prove the he or she has engagements (gigs, recordings, or tours) to fill up those three years.
With all of the evidence you have to provide, the typical O-1B petition is about the size of a small phone book. Immigration officers can be finicky and unpredictable, even a well put together petition can be subject to a Request for Evidence (“RFE”) demanding more information or documentation. For that reason, it’s usually best to hire an experienced immigration attorney to handle an O-1B application. Although some non-attorneys are successful doing it by themselves, legally trained professionals are best equipped to deal with the problems that can arise in the application process. It’s an added expense, but well worth it in the long run.
A little more information here.
Ari Ambrose is not associated with this attorney/firm. Again: please contact Ari here in case you want some advice from him: ariam73@gmail.com.)
