Surprise! YOU cannot file for an artist visa for yourself.
Here's where the “sponsor" comes in.
Sponsors are absolutely necessary to sign documents prepared by your attorney, after you put together as much information about your career as possible. That is, if the attorney believes you have enough proof of your excellence in your field.
As so many clients have told me, finding a sponsor is like finding a needle in a haystack. So which are the best haystacks to look through?
There are a few options...a U.S. band manager, U.S. agent, or even a foreign employer acting through a U.S. agent is allowed to be your sponsor.
What about your own company or partnership? It can be your sponsor, as long as it's a U.S. company or U.S. partnership (related to music) AND there is a U.S. partner OR work-authorized employees. (This means the employees must hold working visas or green cards themselves.)
For most of you musicians, it makes more sense to have an agent act as your sponsor. The agent must come up with a list of gigs. The list can include different groups, venues, festivals, etc. Most musicians need that kind of flexibility.
By experience I can tell you that plenty of musicians are sponsored by bands they perform regularly with.
Last: The sponsor's job: A sponsor makes certain guarantees about the terms and scope of the work you intend to do. Have any possible sponsor speak with your attorney to learn about this.
Still confused?
Try asking other foreign musicians with artist visas how they found sponsors...
NOT ONLY METRONOMES COUNT TIME
How long were you hoping to stay in the US on an artist visa?
Relief at last: There is no maximum period for O-1 status. If you want, you can hold an O-1 'till the end of time. Not quite sure how long that would be?
Your first tour of duty can be for up to 3 years. If at the end of the 3 years you need more time here's how it goes: For additional time with the same sponsor, there is a one year extension only. If you change sponsors after the first 3 year period, you can have 3 years all over again.
Who wants to keep paying for extensions - even with different sponsors each time? Maybe it's time to think about the artist green card. And that, my musical friends, I'm leaving for another day...
Special thanks to Jorge Posada for his painting above “sponsors" and to Kenzo Minami for his painting included in “time on O-1 visa.
