This article was originally published in the Sept 2022 issue of Canadian Musician.
There are two primary visa options for Canadian artists and bands to live and work in the U.S.:
- P-2 Work Permit (Artists or bands only, continue reading below) OR
- O-1B Visa (Artists, Producers, Songwriters, Music Directors etc.)
- P-1B Visa (Bands or Groups, similar criteria to an O-1B visa above)
If you are a musician or in a band early in your career, the easier of the options is a P-2 Work Permit.
If you are a producer or a songwriter, you will have to apply for an O-1B, unless you’re taking business meetings.
If you are coming to the U.S. for business meetings or a conference without being paid, citizens from certain countries such as Canadian citizens do not require visitor, business, transit or other visas to enter the United States, either from Canada or from other countries, UNLESS the person is working in the United States. There are, however, some exceptions to this situation. Contact us and we can help you sort it out.
P2 Eligibility Criteria:
Eligibility criteria for a P2 visa:
1. You must be a Canadian citizen, permanent resident* or have a visa* to live and work in Canada.
*Yes, if you are a permanent resident or have a visa to live or work in Canada, you can apply for a P2 visa to live and work in the U.S. However, the requirements to apply are slightly more complicated, and are not outlined on the AFM or CFM website. I’d recommend you contact an attorney experienced in filing P2s to help.
2. You must be an artist or in a band
You must be an artist or in a band. If you are a producer or songwriter, you cannot apply for a P2. You may have been told differently in the past. However, AFM has recently clarified that only artists and bands are eligible for P2 visas. IF you have personnel, such as a manager, technicians, or other folks that help you, you can apply for a visa for them too, but the initial P2 visa has to be issued for an artist or band.
3. You must have a reason to be working and living in the U.S.
You have to have a reason to be in the U.S., that may go without saying, but you have to have concrete plans to perform, record, song write in sessions, and/or attend meetings in the U.S.
4. You must provide an itinerary.
You have to provide an itinerary of dates and places you will be working in the U.S. for the duration of your visa. That means, if you have plans to be in the U.S. for the entire duration of the visa, one year, you have to outline your plans.
If you’re touring, the easiest way to do this is to speak to your booking agent about providing you with an itinerary of dates, venues (with addresses) and with whom you are playing.
5. A U.S. person or company personnel must provide a letter of support of your itinerary and activities on your behalf
Who does this person have to be? For example, it could be your U.S. manager or agent, label representative, a co-writer who is a U.S. citizen, a producer who is a U.S. citizen, or the owner of a U.S. recording studio or lock-out you intend to use while you’re in the U.S.
6. You must have a valid passport
To enter the U.S. under a P2, you must have a valid passport for the duration of your P2. If your passport is expired, renew it now!
Duration of Visa:
Your P2 work permit can be for as long as the activity you are traveling to the U.S. for, up to a maximum of one-year. Your P2 can be extended or renewed thereafter.
Costs:
In terms of cost, a P-2 is not cheap and if you do not apply ahead, it gets more expensive. For musicians only, the government application fee for regular processing is $460.00 USD to get your work permit in around 90 days. For 30 days, you must apply for expedited processing $2960 USD ($460 + $2500 expedited processing fee).
For musicians PLUS technical personnel or crew, it’s $920 USD for regular processing, and $5920 USD for premium processing.
You and your band members, if any, all must be members of your local musician’s guild in Canada for the duration of your P-2 work permit. Last month I was told Toronto’s musician’s guild membership is several hundred dollars for one person. If you happen to be from a city outside of Toronto, your local musician’s guild may be significantly cheaper, so be sure to check!
AFM also charges a mandatory fee for processing, which is $120 CND for one musician plus $25 CND per additional musician/technical crew.
Due to the costs and duration associated with a P-2, established creatives may want to consider applying for an O-1B visa, which can be issued for up to three years. Long term, your goal may be to eventually become a U.S. permanent resident (aka “green card” holder), which you can achieve by going from an O-1B to EB-1.
Feel free to reach out if you have any questions!
2 Comments