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Playing in the states. Visa help needed


Jimryan
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Morning all,

Need your opinions/thoughts on this one...

My singer is planning a tour commencing early January, performing around the states and potentially Canada. She's funding the tour and paying for everyone's flights, accommodation, food and visas. Most venues have offered door/bar splits, most are ticket events with the venue promoting them and she's planning on selling merchandise at the shows.

It's the visas that are causing problems; I've always been under the impression that to gig in the states a working visa is required. According to my singer, we'll be fine on visitors visas. The discussion between us escalated a little as I really don't want to ruin my chances of going to the states in the future. Throughout yesterday I searched various sites online, all of which pointed to either an O or P visa. Upon finding this information, I inform the singer and get the same response "we'll be fine on a B2 visa".

At this point, I still had a hunch so decided to email the U.S. embassy in London regarding the matter to which they repeated my online findings (in a VERY official looking email might I add). This email was forwarded to my singer ..."no, it's fine, I'm touch with the embassy and we only need a B2".

This is one of those situations where I'm fairly certain I'm right, but she's so certain in her answers, I'm starting to doubt myself. Does anyone on here have experience of touring in the states? What would you guys do? Thoughts? Also, do you reckon it's worth (signing up to and) posting this on TalkBass?

Many thanks,

James

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Depends on pay , cash pay thing could mean that its all "undercover" but if gigs are official and paid with invoice and the whole thing. I seriously suspect you will need a working visa. Played some invoiced gigs there last year and as far as i know we had work visa which cost.

You don't wanna get into trouble with the US admin in case they discover you are working , selling merch' and the whole thing and you only have a tourist visa. You are likely to get into very serious trouble and on the first plane out of the USA.

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I was working for 6 weeks in the US on a touring show 2 years ago. We had working visas and National Theatre of Scotland made us sit in an employment centre in Chicago for three hours so we all got US social security numbers! We were all proposed for visas by a US company who acted as middlemen on behalf of NTS. We all had to go to Belfast for individual interviews at the US embassy. There is also an office in London.
If you get caught working without a visa you will be permanently banned from the US probably. I wouldnt take no chances

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I know someone who recently managed a world tour for a band.

Half the crew didn't have US work visas due to a cock up before he took over. They still did the tour, with visitor visas for the US, but my friend made himself very unpopular with the management company by insisting those guys couldn't do the Canadian leg because leaving and returning was the problem. They deferred to my friend in the end so i guess he must have been right.

You could probably get away with it if you were just playing a couple of gigs in one city (I also know a guy who does that every year) but border control and the immigration service makes things much more complicated and if you get caught you will be deported and banned from the US.

You need to Google some info and experiences about this that you can take to your singer.

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Cheers for all the advice guys, do keep it coming.

I imagine most of the payments would be cash in hand (which would only look worse if questioned). As far as I'm aware, one of the venues has already started promoting and selling tickets online too.

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Repeating what's already been said really - generally speaking you need a work permit for the USA. But usually one is only necessary when you have a definite offer of work from a USA employer. I think it may be different regarding 'casual' employment. This may help:

[url="http://london.usembassy.gov/niv/work.html"]http://london.usemba...v/niv/work.html[/url]

Edited by discreet
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I wouldn't risk it - my experience with various classes of U.S. visa is that they take infractions very seriously and you don't muck about with them. The venues could get into trouble too

They take biometrics on the way in and if you get caught they'll match it up and you'll be prevented from entering the country ever again. I saw someone get turned back at passport control when I last visited there.

Edited by Geek99
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If it helps...
I have done several theatre show tours, always work visas.
On one occasion, a musician applying for a visa was declined a work visa
because he had previously been caught working on a tourist visa.
(He had to be replaced before the tour started).

You may well get away with it, but if caught,
it will more than likely mess you up in the future for a visa.
Something to seriously think about.

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I know two bands who have done small self-arranged US tours "under the radar" on visitor's visas. The problem they faced is that you can't take any instruments or other gear, because it's assumed you intend to work if you do - so they had to hire/borrow/buy equipment to be able to play.

The other downside is that if you get rumbled, you'll get deported!

Jon.

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I've only ever transited in the US so visa has never been an issue for me there but every other country I've worked in I've had one if required, I have lots of colleagues who have toured the US extensively and a quick message to a couple of them has universally brought the response, 'get work visas'

Edited by jakenewmanbass
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I have no expert knowledge here, but my brother travels a great deal to the states for business and he is there to work on a medical engineering product, which the yanks have no expertise for. He's had a hard time at immigration on more than one occasion, and that's with a work visa. A bunch of guys and gals trying to get in as tourists, who look like musicians, turning up at immigration, with instruments, and I'd suggest you have got absolutely no chance of not being given a serious third degree re where you are travelling and insistence on seeing the money with which you intend to support yourself, so you have no need to work.

A girl I know travelled on a tourist visa - for an informal interview with the U.S. arm of the bank she already works for in London. The immigration guys checked the calendar in her laptop, found the interview details, and refused her entry - for 5 years, and straight on the plane home.

Don't even try it. You risk getting your name on a list you definitely don't want to be on.

Edited by The Admiral
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My niece's band played SXSW this year and I sent her these links to make sure her manager had obtained the right visas. It's not always a simple process.

[url="http://www.theguardian.com/music/musicblog/2011/mar/21/uk-bands-visa-problems-sxsw"]http://www.theguardi...a-problems-sxsw[/url]

and

[url="http://louderthanwar.com/british-musicians-continuing-visa-problems-for-the-usa-a-blog/"]http://louderthanwar...the-usa-a-blog/[/url]

Edited by gjones
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[quote name='Jimryan' timestamp='1418121329' post='2626968']
I imagine most of the payments would be cash in hand (which would only look worse if questioned).
[/quote]

When I flew to Peru 5 years ago I flew via New York and had $100 in cash on me in my trouser pocket. When boarding the plane at Birmingham airport a sniffer dog sniffed me out and the customs lady asked if I had any money on me. I said yes I have $100 in US bills in my pocket and she said that ok, that's what he could smell.

So based on this it would be worth checking just how you would get the cash back into the country if it's cash in hand.

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[quote name='Subbeh' timestamp='1418160084' post='2627604'] I'd say your only chance would be going without gear, I'm amazed the singer wants to spend do much to do this and take such a deeply stupid risk. [/quote]

That'll be the singer who's not risking any gear and could easily go through without having to explain away an instrument case.

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[quote name='gary mac' timestamp='1418119268' post='2626929']
James, you have had your answer from the only people that you need to be taking any notice of. [/quote]

This.

.. and not sure what bass you'd be taking but remember to check about CITES & abalone/motherofpearl/brazilian rosewoods being banned for import/export by U.S Customs these days.

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[quote name='Bassman Steve' timestamp='1418165573' post='2627694']
That'll be the singer who's not risking any gear and could easily go through without having to explain away an instrument case.
[/quote]

If she wants to turn up without her band and have pissed a great deal of money away then I yeah Im sure she'll be fine ;)

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