Tag Archives: traveling musician

webinar
Recent News

Webinar Provides Resources for Travel with Instruments Containing Protected Species

The Convention on the International Trade in Endangered Species of Wild Fauna and Flora (CITES) was created to ensure that international trade in specimens of wild animals and plants does not threaten their survival. There are 183 parties to CITES, which meet every three years. The most recent meeting, CITES COP17, was held last fall in South Africa. (You can read more about this meeting in AFM Legislative and Political Director Alfonso Pollard’s November 2016 IM column.)

On December 7, a webinar co-hosted by the AFM, as well as the American Federation of Violin and Bow Makers, Carnegie Hall, Chamber Music America, League of American Orchestras, NAMM, and The Recording Academy, highlighted new rules for protected species and musical instruments. If you missed it, you can view the webinar from the website: www.afm.org/2016/12/travel-instruments-containing-endangered-species. Following are some highlights from the webinar.

Protected Species

Musicians should be aware that certain interstate or international activities with wood or wildlife products such as wooden instruments or instruments with ivory inlays are prohibited or regulated under international and domestic law. Before you acquire a new instrument or make plans to travel with an instrument made of protected wood or wildlife species, you should make plans to ensure compliance.

CITES protected species (about 5,000 animals and 35,000 plants) are listed in three appendices:

Appendix 1: Species threatened with extinction. Commercial trade is generally prohibited.

Appendix 2: Species vulnerable to overexploitation but not at risk of extinction. Commercial and noncommercial trade is allowed.

Appendix 3: Species protected by at least one country to address legal origin, not sustainability. Most activities are generally allowed.

The complete appendices are found at: cites.org/eng/app/appendices.php.

Permits

The backbone of CITES is a permit system that facilitates international cooperation in conservation and trade. Permits are issued only if a country’s management and scientific authorities determine trade is legal and does not threaten species’ survival. Permit requirements are:

• Appendix 1 species: Require an import permit from the importing country and an export permit from the exporting country.

• Appendix 2 species: Require an export permit or certificate from the exporting country.

• Appendix 3 species: Require an export permit from the listing country and a certificate of origin from all others.

• Pre-convention specimens: Require CITES certificates for export, but not import.

Musical instrument and traveling exhibition certificates:

• Musical Instrument Certificate—a passport-like certificate for musical instruments that is issued to individuals.

• Traveling Exhibition Certificate—a passport-like certificate for musical instruments that is issued to orchestras and ensembles.

These certificates are valid for up to three years and are intended for noncommercial purposes, including travel for performance. Single-use CITES Export/Re-Export Permits (form 3-200-32) are available for commercial purposes (sale). Application forms are available at: www.fws.gov/international/permits/.

Sometimes a permit is not required for musical instruments personally owned and containing less than 10 kg of these species of wood. If an individual is traveling with an instrument that contains only Appendix 2 and 3 species, he may qualify for a personal or household effects exemption. (Regulations on personal effects can be found at www.ecfr.gov.)

Travel Tips

For each instrument, gather as much information as possible: scientific name and common name of woods used, date of manufacture, evidence of lawful acquisition, and evidence of lawful import.

Print out regulations and keep them with the instruments for reference.

Keep and travel with documentation about the source and history of your instrument.

Consult with CITES Authorities in any countries to which you will be traveling prior to travel with an instrument containing a CITES species (www.cites.org/cms/index.php/component/cp).

If you are unsure about the status of the species you wish to import or export you can search by scientific name or common name on the CITES Species Database (www.speciesplus.net).

For more details on the Endangered Species Act visit www.fws.gov/endangered/. Or contact Alfonso Pollard (apollard@afm.org) for more information on travel with instruments containing protected species.

Border Crossing Tips
Recent News

Last-Minute Border Crossing Tips

You’ve done all the heavy lifting and your paperwork seems to be in order. You’re ready to get on the road and get across that border to fulfil contracted dates. Before you head out the door, here are some last-minute border crossing tips to ensure a successful crossing:

Organize your paperwork. Have your approved I-797 or visa document with you (perhaps in a binder) and be sure that everyone crossing has a valid passport. If crossing by land, you may need to show vehicle ownership; if travelling by air, you need to have evidence of a return ticket. You may be asked to show proof of accommodation and/or proof that you can support yourself while in a foreign country. If you are travelling with gear, have a complete inventory with you. If you are a lone parent/guardian travelling with a child, you may need written travel permission from another guardian or parent.

Appearances are important. At the border, you need to look and sound like a law-abiding citizen who is respectful of authority and poses absolutely no risk. Your demeanor and attitude need to send the right message to border crossing officials. Turn off the radio and remove the sunglasses. If crossing by land, your vehicle should be orderly, neat, and clean.

Declare what you are bringing with you. If you are bringing in CDs for sale or promotion, let the border officials know. You may have to fill out some paperwork, but it’s better to be up front then to have merchandise discovered in a routine inspection and have to deal with the repercussions of not having declared them.

Be prepared for search or inspection. Border officials routinely inspect personal belongings and search vehicles. Your suitcase or purse might be emptied, if border officials need to confirm what they have seen on the x-ray machine, or they might just be searching at random. An inspection might be as simple as a drug-sniffing dog being led on a leash around your vehicle to see if anything turns up, or a complete emptying of the contents of your vehicle. Whatever happens, grin and bear it.

Answer all questions pleasantly. Whatever you are asked, answer with a smile. Border officials can throw you a curve and may try to get a rise out of you, depending on the kind of day they are having. Just remember that their job is a difficult one and they certainly do not need, nor do they deserve, any attitude on the part of someone trying to cross a border and get into their country. Even if you are subjected to aggression or intimidation from a border crossing official, remain calm and polite. Whatever you do, don’t lie.

Do not volunteer extraneous information. As interesting as our life may be, border crossing officials really do not have time to listen to anything other than straight answers to the questions they ask. Answer briefly and directly; the fewer words the better. Use language carefully to avoid any suggestion of impropriety. Do not make jokes or any kind of extraneous comment.

Relax. It may take a while to cross a border and the waiting can be nerve-wracking. At the border, you may be searched, detained and interrogated. Whatever happens, be cooperative and reserved.

See you on the other side.

I welcome your questions and concerns. Please write to me at: robert@bairdartists.com.

You are what you believe
Music Business, Traveling Musician

You Are the Prophet of Your Own Destiny

Every once in a while I hear someone complain about how bad things are. We all have bad days, sometimes bad weeks. Maybe the gigs aren’t coming in as fast as you want. Maybe your calendar is full, but the gigs suck. Maybe you feel your career should be at a higher level, but you’re still stuck playing for just over scale at a place that doesn’t appreciate you. If you believe it, it must be so.

C’mon, lighten up. You could be a Walmart greeter or be doing telemarketing from a Third World country. Success or a decent break could just be a couple of choruses away.

When you think you’re stuck in a rut and serving a sentence of playing at senior homes and performing scale work at one of the local saloons, you never know who’s going to hear you and help take you or your group to a higher level. You have to be on top of your game, if you have any aspirations of getting to a higher level.

Don’t make the mistake of playing less than your best, just because a gig is the pits. If you believe you’re going nowhere, who’s to argue with you? You are the prophet of your own destiny.

How many times have these negative words and weasel phrases come out of your mouth:

“Nobody wants to hire live music
anymore.”

“You can’t make a living playing music in this town.”

“I’ll quit before I have to pay-to-play.”

“We’re lucky to get scale.”

“I hate playing this crap.”

“Nobody wants to hear good music anymore.”

“Clubs can’t pay musicians what they’re worth.”

If this is starting to sound familiar, you have two options:

1) Quit

2) Do something about it

If quitting is your option, that’s your prerogative. If you’d rather do something about it, then just don’t sit around waiting for the phone to ring. Forget the self-pity, the negativity, and the whining. Get yourself a better website, a decent updated demo video, and a quality promotional package that you can post online.

Take your social media skills to another level. Start using the phone for a little outbound telemarketing and ask for referrals. Ask yourself how bad you want more or better work? What are you willing to give up for it? Nothing comes easy. You get what you give. Are you willing to play more cover songs, if you like just doing originals? Are you willing to travel a little more, or even move if it’s necessary? Are you networking with other people in your local? Have you done a recent recording that shows your best talents? Do you have a separate brochure just for corporate work? Have you made friends with the media? Are you getting PR from them regularly? Do the guys that do morning drive on your local radio stations know you, mention you once in a while, or even play your stuff? Do you add to your e-mail list regularly? Do you occasionally send out mailings by snail-mail?

What can you do this week to get you more work or better work next week? Do a little soul-searching. Are you using the Musicians Performance Trust Fund to your best advantage so you can get exposure and become a public service to your community as well? Are your chops as good as they can be? Do you run circles around most of the other musicians in your area, or could you stand a little woodshedding to polish up your talent? Is your library of tunes current, or do you rely on what you’ve already got in the can?

You are what you believe. Attitude is important. Keep trying something new until success starts to smack you in the face. Above all, don’t complain. If you think you’re going backwards, you are. You’re an AFM member, a professional musician, and you have the inside track. Maybe it’s time to reshuffle and expand your horizons beyond the next block. Remember, if you do what you’ve always done, nothing’s going to change. How badly do you want better work? Do you want to take your career to the next level badly enough to actually do something about it right away?

You are what you believe. Those big breaks don’t just come out of nowhere. You have to make them happen.

US Visa
Robert Baird, Traveling Musician

Planning for a Successful US Visa

Getting a work permit (O or P visa) for the US as a foreign artist (or nonresident alien) requires a lot of advance planning and thoughtful consideration of the time required for the many steps involved, including the possibility of unavoidable delays.

It’s an unfortunate circumstance that artists are often unable to enter the US to perform because they simply run out of time for the visa process. Here are some suggestions:

First, an artist should start the process as soon as possible. Even beginning a year in advance of a proposed performance date or start date in the US is not too soon. Even if contracts have not yet been signed, you can apply for a nonimmigrant work permit (O or P visa) with deal memos, emails, or letters of intent, as long as they confirm that there are performance date(s). Of course, a foreign artist cannot apply for a non-immigrant work permit but needs to appoint a petitioner (a US-based individual or entity). Gathering this evidence and appointing a petitioner takes time.

Next, the required petition materials must be gathered and prepared to form part of the petition. These materials include passport photo pages from everyone who will be performing (passports need to be valid for six months beyond the proposed US dates), personal information, reviews, programs, biographies, letters of recommendation, lists of awards, a tour itinerary, etc. Although for the P-2 permit specifically, which for musical artists can only be obtained through the AFM, evidence of reviews, biographies, and other accomplishments are not required. It may take some time to gather this information, so start early.

Once completed, a formal petition is submitted to the USCIS office in either Vermont or California for regular or premium processing. Regular processing is less expensive than premium, but currently can take up to four months for an approval; in the case of a P-2 visa, these petitions have been taking 100 calendar days from the date of submission to the AFM. Premium Processing costs more, but USCIS guarantees a response in 15 days. However, even with premium processing, you must apply for the petition at least 25 days before entry to the US to ensure your Approval Notice will arrive in time. There is no guarantee of approval with either processing. At times, USCIS will require further evidence and this can cause unexpected delay in the process. All submitted petitions are issued a receipt number from USCIS, identifying the application.

Eventually, an approved petition will result in receipt of an I-797 form. USCIS will also send a copy of the petition to the Kentucky Consular Center for download to the Petitioner Information Management Service (PIMS). This can take a few days.

Canadian citizens, including Canadian members of the AFM, who are able to apply for P-2 visas, do not need to go to a consular interview, but can go directly to the Canada-US border with an approved I-797.

For non-Canadian citizens, once you have an approved I-797 in hand, you can schedule an appointment at your closest US Consulate. (Wait times for an interview vary from two to 40 days or more.) Go online to complete the required DS-160 Visa Application form, pay the required visa fee, and then arrive at the consulate for an interview with your DS-160 barcode page, proof of payment, and required photos. Once you have been approved for the visa, the consulate, will retain your passport, process the visa document (times vary from consulate to consulate), and make arrangements for these documents to get back to you.

Only after completing these steps are you able to go to the US with documents in hand and speak with a border official, at whose sole discretion you will be allowed into the country.

Take the time to determine the best timetable for getting through the process and ensuring that you will be able to be in the US for your performances.

I welcome your questions and concerns. Please write to me at: robert@bairdartists.com.

Robert Baird, Traveling Musician

Canadian Letter of Invitation and Border Considerations

My company is hosting an event in Whistler, B.C., and will be employing an American band as entertainment for the event. I understand that they will need a Letter of Invitation, but does the band need to show a contract for performance at customs? Do you see any other issues with them crossing?

Any border crossing is fraught with several “issues.” In order to facilitate the border crossing of an American band into Canada, the following issues should be considered:

  • Obviously, a passport or other acceptable form of travel document will be required at the border.
  • A Letter of Invitation from the employer in Canada is required because the band members will be considered as business visitors. The letter must include information about the person(s) being invited including full names, dates of birth (if known), purpose of the trip, and length of time in Canada. The Letter of Invitation should be on organizational letterhead and include a brief description of the event, as well as the employer, and be signed by a responsible person in the organization. If group members are not arriving together, everyone in the group should have a copy of the Letter of Invitation.
  • In addition to the Letter of Invitation, an American group coming into Canada should have with them a copy of their performance contract.
  • At the border, the group members will normally be asked the purpose of their trip, how long they will be in Canada, where they will be staying, what they do for a living, and if they have anything to declare. They may have to confirm that they will be returning to the US (showing a return flight reservation, for example).
  • If the group is bringing in equipment into the country, then they should, at the very least, have an itemized inventory of the gear. Also, get the list stamped at US Customs before entering Canada, so that when the group returns to the US, there will be no problems bringing the equipment back into the country.
  • If the group is bringing in CDs or other promotional items, they need to be declared at the border and properly labeled with country of manufacture. Having a copy of the manufacturing invoice is recommended. Customs duties may apply, based on the manufacturing price, not on the sale price. If the items are for promotional purposes they should be labeled: “For Promotion ONLY; Not for Sale.”
  • If anyone in the group has a criminal record (felony or misdemeanor), including past driving under the influence (DUI) violations, this may impede entry. If it has been less than five years since a charge or conviction, persons will be deemed “criminally inadmissible” to Canada and a Temporary Resident Permit (TRP) is required, instead of a work permit. If five years have passed, the person may apply for “Individual Rehabilitation.” However, individuals from visa-exempt countries (e.g., the US) who have a single misdemeanor offense for which they were not sentenced to imprisonment, may be issued a TRP at the Canadian port of entry at the discretion of the Canadian Border Services Agency (CBSA). For more details about entering Canada with a criminal record visit: www.cfmusicians.org/services/work-permits.
  • A final consideration is the fact that there is a regulatory 15% withholding on fees to foreign artists in Canada. To avoid this withholding, artists can apply for an R-105 waiver at least 45 days before the performance date.

We welcome foreign artists in Canada and hope their border crossings are made easier by dealing with these considerations.

I welcome your questions and concerns. Please write to me at: robert@bairdartists.com.

Contract Basics
Robert Baird, Traveling Musician

Contract Basics for Touring Artists

by Robert Baird, President Baird Artists Management (BAM!)

robert-bairdKnowledge of contracts is a must for every touring artist. A contract ensures that both parties communicate their understanding of the details of an engagement. And it binds both parties to honor its provisions.

I highly recommend that a touring musician utilize the AFM Contract for Travelling Engagements (Form T-2C for US bookings & LPCC for Canadian bookings). Once completed and filed, the contract has the force of law and the AFM/CFM behind it. If for some reason the purchaser fails to meet the agreed contract terms, the AFM/CFM will make every effort possible to pursue collection of the monies owed to its members, including taking the purchaser to court when there is merit to do so.

If a venue prefers to use its own contract, try to get them to initial and attach the Schedule 1 (page 2) of the T-2C or LPCC as an addendum, forming part of the contractual arrangements. When you are unable to use the AFM/CFM contract, take the following precautions:

1) Read the contract. Don’t sign anything you have not read.

2) Make sure you understand what the contract is saying and how it will affect you before you sign it.

3) A contract should be in understandable English or French. If there is anything you don’t understand consult with your local union or the national office to ensure you are protected as much as the engager.

4) You can change anything in a contract, however, the changes will not be binding until the other party agrees to them in writing.

No matter what kind of contract is used, be sure to clarify:

1) Services and duties—where, when, length, and type of show. Are there specific expectations of the purchaser?

2) Payment—the currency and form (cash, certified check, money order, etc.) that you will be paid in. The contract should address late payment or failure to pay, as well as interest charged on late payments.

3) Cancellation terms—under what conditions the contract can be cancelled and what are the applicable penalties for cancelling.

4) Liability—what insurance are you required to carry to protect yourself from injury or claims from audience, venue, staff, or crew. (It’s a good idea to have a policy in place. The CFM offers a good policy for its Canadian members, see here for more information: http://www.cfmusicians.org/services/we-ve-got-it-covered. For more information on obtaining insurance in the US visit afm.org.

5) Riders—specify your performance/hospitality and technical requirements:

Main rider: addresses such things as contact info; billing, advertising and promotion; merchandise; accommodations; dressing room; and security requirements.

Hospitality rider: addresses such things as meals; dressing room food and drink; after-show food; and bus food/stock.

Technical rider: addresses such things as sound, lighting and backline requirements; risers/staging; local crew required; stage plot and input list; and lighting plot.

Note: Riders can be changed, but any changes need to be agreed to in writing by both parties. Be sure to have the agreed-upon riders initialed by both parties.

6) Exclusivity—any geographical or time restrictions that might prevent booking other performances close by or around the same time of year.

Once you have a signed contract, you will have the peace of mind of knowing that all of the details have been addressed. If anything changes after signing, be sure to communicate with the other party immediately and seek to resolve unexpected issues. Life on the road is complicated. Detailed contracts are one way to make life easier.

—I welcome your questions and concerns. Please send an email to: robert@bairdartists.com.

5 Tips to Getting Your Price and More
Music Business, Resources, Traveling Musician

5 Tips to Getting Your Price and More

You are a union musician, an AFM member. You don’t play for the door. You don’t “pay to play.” You’re a professional. You want to get scale and above. The problem that many musicians come up against is non-union indie musicians and groups who want to play for exposure, play for tips, or play so they can sell CDs and merch. How do you react when someone beats you into the ground over price? Here are some things you might want to consider when that club, theater, private party, or corporate event says: “You charge how much?” or “Can you do it for less?”

1) What is your “added value”? What sets you apart?

Try to differentiate your act from the others. Do you stand out in a particular niche? Do you have state-of-the-art equipment? Maybe you have a high tech sound system and light system. Or is there something else you can provide? Does your set list include numbers that really sync with the venue? Does your client know how much value you bring, beyond your performance? Make sure they’re aware.

2) Do you have a significant following?

Do you stay in touch with hundreds or thousands of fans, through Facebook, Twitter, and other social media? Do you post your gigs to an online calendar or send out an email blast to let fans know where you will be next? If you are booking a club date, let whoever is booking you know that you will help get the word out so you’ll have a good crowd. Make sure to emphasize what you can do for your client.

3) Do you have credible testimonials about similar gigs that you have played?

Can you provide success stories that can support what you charge, so you seem like a bargain for what you offer? Do you have testimonials in print and on your website you can instantly provide? Don’t hide your light under a bushel. It’s not bragging if it’s a fact.

4) Have you played other bigger venues with great success?

Does your client know your background? Tell them about any performances you’ve done on television or radio. Likewise, tell them about recordings you’ve made, other concerts, festivals, theaters, and major venues you’ve played. Make sure your website and press kit highlight how you stand out and that you are definitely worth what you charge. You are your own best PR specialist. Capitalize on that.

5) Is your talent and expertise known to prospective clients?

You’re a professional. Again, let people know. With you, playing music is a living not a hobby. People wouldn’t go to a discount heart surgeon or a cut-rate doctor. You wouldn’t want a part-time dentist who is also a trash hauler. Stand up for yourself in a way that shows you are worth your price.

Another tip: when someone tries to get you to play for less, let them talk. Find out their real objections. And here’s the kicker:  When you quote someone a price and they say, “Is that the best you can do?” There is only one answer: “Yes.” After you say, “yes,” just wait. Don’t immediately starting hacking your price just to get the gig. Many times your client will just say “okay.” You can always negotiate later.

You know your value. You’re not just starting out. You have experience. You have talent. You’re a union musician. You’re worth what you charge.

Traveling Musician

Playing It Safe: The Importance of Documents

Q: My performing group had a gig in the United States and we thought we were prepared. We knew our work permit was in order; none of us had criminal records; we weren’t carrying any merchandise; we arrived at the border early; we all had passports; and our car insurance was current. But we still had trouble getting across the border. Apparently our visa approval had gotten lost in the system and the border officials could find no record of it. We had no paperwork with us and had to wait at the border until a colleague brought a copy of our I-797. We’ll always carry our paperwork from now on.

It’s always a good idea to carry your paperwork with you, especially when it comes to border crossings. You need an approved work visa to perform in the US. Although the US Citizenship and Immigration Service (USCIS) uses Petition Information Management Service (PIMS) to inform a port of entry or pre-flight inspection facility of all approved visas, there can be errors and omissions. It’s always up to the border official to allow entry. Having your paperwork with you is imperative.

If you are applying for a visa at a consulate and your approved visa is not in the PIMS system, there will be a delay until it is. Having your approved I-797 with you can expedite the process. You might also consider having your complete visa application package with you, since it contains a complete itinerary and copies of contracts, as well as passport copies and beneficiary information.

Although the temporary work permit is perhaps the most important piece of paper to carry with you, there are other essential documents that will help facilitate border crossings. Obviously, your passport (or equivalent identification) is a must.

If you are bringing instruments or equipment with you, you should have an original purchase receipt for each item crossing the border, or at the very least, an inventory listing with particulars such as a description, serial numbers, purchase date, etc. Border officials need to know where and when you acquired an item or they may consider that you acquired it when travelling. It would then be subject to border crossing purchase restrictions and possibly duty and taxes.

If you are travelling with an instrument that contains any of the protected species listed in the Convention on International Trade in Endangered Species (CITES), such as ivory, sea turtle shell, Brazilian rosewood, monitor lizard, or whale bone, you will need a CITES permit to get the instrument across the border. Without such a permit, you may have your instrument confiscated.

If you are travelling by air, have a copy of your particular airline’s musical instrument policy: www.airlines.org/blog/instrument-rated-air-travel-for-musicians/. Also bring a copy of the Federal Department of Transportation musical instrument rule: www.transportation.gov/sites/dot.gov/files/docs/Musical%20instruments_FR_final%20rule.pdf.

Other important documents to have with you are proof of vehicle ownership, proof of accommodation, receipt for a return ticket (if travelling by air), conference registration or letter of invitation, and written permission from the guardians or parents, if travelling with a child under 18.

Border officials need to be assured you are entering the country temporarily, that you will be returning to your own country, and that you are not engaged in any activities which might violate the law.

Play it safe by carrying essential documents with you that will ease your border crossings.

—I welcome your questions and concerns. Please send an email to: robert@bairdartists.com.

Avoiding Border Woes
Robert Baird, Traveling Musician

Avoiding Border Woes

Q: I have often travelled with my community band into the US to play concerts and thought this was a good thing. Imagine my surprise when the band was stopped at the border last month and denied entry into the US because we did not have a P-1 visa. We’ve never been asked for one before—is this something new?

Border woes such as the one described above are all too common and could easily be avoided. The short answer is that, of course, this is nothing new: the temporary work visa requirement for foreign artists entering the US to perform, whether for pay or free, has long been on the books. The enforcement of the regulation was stepped up several years ago, and a temporary work visa is almost always required. However, entry into the US is still solely at the determination of the US Customs and Border Protection Officer at each border crossing, and it is not entirely surprising that this band was allowed in several times over the years and then suddenly challenged with the visa requirement. It all depends on who you get at the border.

So, how does one avoid border woes? Simply put: do your homework well in advance.

1) Get the right temporary work visa. For performing groups I highly recommend the P-2 visa available through the AFM. The musicians’ union has capable, experienced staff members who will assist with the process, and the reciprocal exchange program under which the P-2 visa is administered, provides a streamlined procedure for Federation members.

2) Make sure that all documents are in order: Passports should extend beyond performance dates (some passports may be required to be valid for six months beyond that date).

3) Make sure that all group members qualify for entry. Seventy-five percent of your band members must have been with the group for at least one year.

4) Deal with any issues of criminality for anyone in the group. Any conviction, however minor, can cause problems at the border. There are ways of dealing with this issue well in advance (Look into Waivers of Ineligibility and Criminal Rehabilitation documentation).

5) Deal with the problem of getting merchandise across the border in advance. Send merchandise in via courier or mail, if you can. If you are carrying merchandise make sure it is properly manufactured, or properly labelled (for example, promotional copies). Have the invoice of manufacture with you. For a large quantity of merchandise, you may want to use a customs broker.

6) Look into customs regulations about carrying instruments containing endangered species across the border. There’s no point in trying to cross a border to perform when there’s a danger that your instrument might be confiscated because it contains something from an endangered species. Check out the Musical Instrument Passport program http://www.fws.gov/international/permits/by-activity/musical-instruments.html.

7) Deal with the problem of transporting instruments, especially if you are flying: Make sure you know the regulations adopted by different airlines for transporting instruments.

8) Work out a strategy for dealing with the border crossing. Rehearse straightforward answers to the typical questions you might be asked by a US Customs and Border Protection official. Coach everyone to be honest and forthright. Answer questions succinctly and do not volunteer additional information.

With a little more knowledge about the regulations for performing in another country and a lot more common sense, border crossing woes can be avoided.

—I welcome your questions and concerns. Please send an email to: robert@bairdartists.com.

Temporary Work Permit for the United States
Music Business, Robert Baird, Traveling Musician

Tips to Getting a Temporary Work Permit for the United States

Q: I am coming to the United States for a tour and I am making plans now to get my visa for the tour. Is there anything I need to know about getting a visa?

The first thing a foreign artist, or nonresident alien (NRA), needs to know is that the visa required for any performing artist is actually a non-immigrant temporary work permit. This temporary work permit visa is a requirement for any kind of performing in the US—paid or nonpaid.

I recently learned of a large performing group trying to enter the US without this visa. They had assumed that, since they were not getting paid and were donating their time and efforts to a good cause, they would be allowed into the country. US Customs and Border Protection had to refuse them entry, and rightly so, since they did not have the necessary documentation to allow them to perform in the US.

Tips to getting a temporary work visa for performing in the US:

Be sure to apply for the correct visa. An O-1B is for internationally-renowned artists and entertainers who possess extraordinary ability; an O-2 is for essential individuals who will accompany an O-1B artist or entertainer to assist in a specific event or performance; a P-1 is for internationally-recognized entertainment groups and its members; a P-1S (or P-2S or P-3S) is for technical staff accompanying a P visa group; a P-2 is for AFM members only; a P-3 is for individuals or groups, under a program that is “culturally unique.” (USCIS has its own definition of “culturally unique” and it may not agree with yours.)

Do not apply for a B-1 or B-2 visa and expect to be able to perform. These are “business” visas, and while they allow you to take care of some “musical” business, they are not work permit visas that allow you to perform.

Be sure to provide exact required evidence of your qualifications for each visa. The classifications of non-immigrant visas are listed on this USCIS website: http://www.uscis.gov/working-united-states/temporary-workers/temporary
-nonimmigrant-workers.

Be sure to fill in the required application forms correctly. The Beneficiary Form for groups requires an alphabetical listing of names with the last name in capitals, followed by the first name.

Give yourself plenty of lead time for any application. Consider possible delays in getting required materials for an application, processing delays, the time required to get an approval form couriered to you, and other hold-ups.

Be sure that everyone has a passport that is valid for six months after your last performance date in the US.

Applying for a non-immigrant work permit visa is a complicated business and requires much attention to detail. Seek professional help if you can’t find the time or energy to make the necessary learning curve.

—I welcome your questions and concerns. Please send an email to: robert@bairdartists.com.