COVID has changed the landscape of how creatives can travel and work in the U.S. This article provides updated information [as of July 18, 2021] concerning immigration and travel for creatives in the arts, such as musicians, or folks in the television and film industry. This information may also be applicable to other O-1 hopefuls or holders.
Situation 1: You are in the USA already under a O-1B visa or a non-immigrant visa and you would like O-1B visa status or to renew your O-1B visa:
If you are in the U.S. under a non-immigrant visa status, for example, an F-1 student visa, and you qualify for an O-1B “Extraordinary Ability In the Arts” visa, your entertainment immigration attorney (maybe that’s us!) can apply for an O-1B visa for you. You likely DO NOT need to leave the U.S. provided that your immigration attorney applies for your new O-1B visa before your current visa expires.
If you are currently in the U.S. and you are on an O-1B visa, your entertainment immigration attorney (maybe that’s us!) can file for a renewal, and you likely DO NOT need to leave the U.S. provided that your immigration attorney applies for your new O-1B before your current O-1B expires.
You are currently in the U.S. on an O-1B and you want to leave the U.S.
Several Presidential proclamations have suspended and limited entry into the United States. Travel-ban Countries include:
- China
- Iran
- European Schengen area: Austria, Belgium Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Spain, Sweden, Switzerland, Monaco, San Marino Vatical City.
- United Kingdom (England, Scotland, Wales, Northern Ireland)
- Republic of Ireland
- Brazil
- South Africa
- India
As of July 18, 2021, there is no exception for O-1B visa holders. That means if you travel to a travel-ban area and you attempt to re-enter the U.S., you my be barred entry at the border and not be able to get back into the U.S.
We expect that this travel ban may change soon, possibly prior to December 2022, depending on data surrounding the Delta variant.
You are a citizen of a country other than USA, and you want to enter the U.S. to work creatively under an O-1B:
If you are from a travel-ban Country, and you would like to enter the U.S., you can still get an O-1B visa approval (provided you qualify). However, to enter the U.S., you have to first interview at the U.S. Consulate in the Country you are currently in. Most U.S. consulates are closed. Further, we expect that once the travel-ban is lifted, U.S. consulates in other countries will have long-wait times for interviews.
As such, unless you’re from Canada or another country that is not on the travel-ban list, we recommend that you wait to apply for an O-1B or explore other visa options.
If you are from Canada and you would like to enter USA to work creatively:
If you are from Canada and an artist, consider a P2 visa or O1-B visa. A P2 visa is only for up to one-year and must then be renewed, unlike an O-1B which can be for up to three years. The P2 visa does not require a consulate interview and requires less detail and information than an O-1B. If you have legitimate activities in the U.S., such as writing, recording, or performing, a P2 is much easier to qualify for and you will be able to enter the U.S.
You can also apply for a O-1B visa, which can be valid for up to three years. More info on how to qualify for an O-1B can be found here.
Frequently Asked Question: Can I go to a travel-ban Country, then go to a third Country that is not on the travel-ban list (such as Canada) and then re-enter the U.S.?
Some people who have visas not within the National Interest Exception waiver are trying to process visas in Canada or other countries as third-country nationals. However, that has a host of problems and risks –you may need a visa to enter that third country, you may need to get COVID tested to enter the Country, and that Country may have quarantine requirements. It also remains to be determined whether U.S. consulates in these third countries (Canada, for example) would process the visa case since third-country national visa processing is not guaranteed, and most other countries have suspended processing for third country nationals. Further, there may be a long wait for visa processing, if even possible. So if you go to a travel-ban area, and then enters a third country that is not on the travel-ban list, it’s a huge risk that you may not be able to re-enter the U.S., and you could get stuck because the consulate in that third Country could choose not to process your visa. In my professional opinion this is too risky.
Frequently Asked Question: I heard so-and-so was able to get in to the USA with a letter from their _______ (label, publisher, company), how did they gain entry into USA?
There have been some instances that we have heard of, though normally they have been closer to when the travel ban was first instituted, where some people have been admitted to the U.S. with a letter from their company. It is possible that the person at the border determined that the individual admitted fit within a National Interest Exception, such as “those traveling to provide vital support or executive direction to critical infrastructure” or it may have been close in time to when the travel ban was first instituted, and procedure may not have been solidly in place yet. However, admission is in the discretion of the border officers, and attempting to enter if you do not squarely fit within a National Interest Exception has a host of risks, including not being admitted.
There are some exceptions to the travel-ban known as “National Interest Exceptions”. Contact us and describe your situation, and we can determine whether there may be an exception for your circumstance.