In parts 1 and 2 of our US Work Permits for Canadian Artists series, we took a look at the ins and outs of applying for the P-2 visa (Individual Performer or Part of a Group Entering to Perform Under a Reciprocal Exchange Program), and the O-1 visa (Individuals with Extraordinary Ability or Achievement).
To help get you one step closer to securing your US work permit, RAC sat down with three Canadian artists – from touring musicians to music video directors – who’ve all succeeded in obtaining the aforementioned visas. They share relevant experiences and valuable tips on how to prepare for the application and navigate the legal proceedings. The process can be tedious, but if you follow their advice (and all the steps), it will be smooth sailing south of the border!
Sam Weber, Singer-Songwriter
RAC: What opportunities led you to applying for a US artist visa?
Sam: I made a friend in Seattle who was looking to do regional touring. He helped us book some shows, and from there we were able to get our foot in the door with some US venues.
RAC: How did you figure out which visa was best for your situation?
Sam: The only visa I was really eligible for at the time was a P-2.
Learn more about the P-2 Visa in our article US Work Permits for Canadian Artists: a Guide to the P-2 Visa.
RAC: Would you describe the process as difficult?
Sam: The P-2 process was facilitated by the union a little bit. It’s expensive and nuanced but all-in-all pretty manageable if you can make a case that you’ve got stuff (performances, showcases, networking opportunities, etc.) to do down there.
RAC: What was your biggest challenge?
Sam: The biggest challenge was justifying spending all that money (around $3,000 USD). In retrospect, I’m really grateful I was able to carry the debt for those tours, as they led to more opportunities, but at the time it felt like a lot – and they were even cheaper back then, I believe.
RAC: Did you feel like it was worth it in the end?
Sam: Yeah. I think we are so lucky as Canadians to have opportunities to explore our work here in Canada – you can make an impact mostly just by bouncing around Canada. That said, I feel like it was integral to my artistic growth to immerse myself in American culture and collaborate with American artists more regularly.
RAC: What advice do you have for artists looking to get a US visa for the first time?
Sam: Don’t get discouraged, and embrace the beauty of it all. I’m coming from the touring musician perspective specifically, but I think any kind of artist has a certain responsibility to follow their bliss and make their work accessible to different kinds of people. What better place to exercise that impetus than within another culture? The US can feel discouraging to reach yet it’s so close geographically.
Follow Sam Weber via his official website.
Anonymous Touring Artist
The following Canadian touring artist requested to remain anonymous.
RAC: How did you figure out which visa was best for your situation?
Anonymous: After a quick search of what we would need to get across the border with our gear and play without any issues, we saw that the P-2 was recommended. As far as I knew, that was the best option.
RAC: Would you describe the process as difficult?
Anonymous: The process was not super difficult, as the online information available from the CFM (Canadian Federation of Musicians) was fairly straightforward. It was very tedious and more expensive than we expected/believed it should be, but it’s not difficult if you follow the instructions and stay organized.
RAC: What was your biggest challenge?
Anonymous: The biggest challenge was the timeline. We had to submit our application for processing 90 days before the first show date, which is ridiculous, considering it’s very difficult as a DIY band to book venues and bands for an entire tour that far in advance. Since we were unable to book all the shows before the submission date, we ended up only including half of our US dates on the visa application, hiding our tour poster on our social media, and then reposting the dates once we crossed.
For more information on applying for the P-2 visa, see the official USCIS government website.
RAC: Did you feel like it was worth it in the end?
Anonymous: I’m glad we went through the proper channels because we were bringing all our gear – a full drum set, amps, and everything – across the border. I had everything organized and ready to go, so the border crossing went smoothly and the guards were helpful and patient. That said, the cost and time to get the visa was a pain, especially considering that US bands coming to Canada do not have to do nearly as much.
RAC: What advice do you have for artists looking to get a US visa for the first time?
Anonymous: One thing that wasn’t mentioned anywhere in my research was that you must have an address where you’re staying to present to the border guards when you initially cross over. We were planning to either sleep in our van or stay with one of the bands playing our first show. We didn’t have an address, so when they asked, I was caught off guard. We couldn’t contact the bands and ended up having to look up a random address and lie about where we were staying.
Also, it helps to have a list of everything you’re crossing with – gear and merch – to give to the border guards. Keep track of what you have. They will search you every time you cross. If you make their job easier, it’ll be easier on you.
Emma Higgins, Writer and Director
RAC: What opportunities led you to applying for a US artist visa?
Emma: I am a director and there was simply more work available by opening up to the US market. Canada can be limited in the amount of jobs available in my field and a challenge to sustain a livable income working there alone, so the US has allowed me to expand greatly.
RAC: How did you figure out which visa was best for your situation?
Emma: I spoke to an immigration lawyer who talked me through what was available to me. An O-1 Visa was the best option in my case.
Emma’s Music Video for Jessie Reyes – No One’s In The Room (2021 Juno Winner: Video of the Year)
RAC: Would you describe the process as difficult?
Emma: It’s confusing the first time around – sometimes the process doesn’t always seem to make sense. For example, the entire application needs to be mailed in on paper, and as someone who works in a visual medium, it feels a little bit odd to be taking screenshots of, say, a YouTube video, printing it, and mailing it, rather than being able to just share a link. However, if you have a decent lawyer, they should be able to explain things clearly and help.
It’s certainly a tedious amount of paperwork to collect, and I always recommend artists keep all proof of their achievements in case they ever decide to apply for a visa. This includes receipts or pay stubs for work as an artist, press clippings, event posters, call sheets – anything that can present evidence to USCIS. While it seems overwhelming at first, I’d say the process as a whole is not actually difficult.
RAC: What was your biggest challenge?
Emma: I think the biggest challenge was getting to a place in my career in Canada where I could present a strong case for my exceptional abilities in my field. It took years of work from the time I consulted a lawyer, to when I felt confident in getting together an application that would be accepted. The other challenge is finding US companies willing to sponsor you. It can be tricky to build those relationships from afar.
For more details on applying for the O-1 Visa, see the USCIS Policy Manual Volume 2.
RAC: How long did it take?
Emma: The O-1 Visa process took me about 3-4 months to collect all the letters and paperwork needed, including approvals from the different US guilds, which takes a bit of waiting. Then it took about 4-6 months after mailing to be approved.
RAC: What advice do you have for artists looking to get a US visa for the first time?
Emma: Find friends who have gone through the process and can offer advice, find a lawyer you trust, and start the process early because it takes some time. Never take work illegally in the US, it’s always better to go through legal channels. The other thing worth mentioning is that the cost of the O-1 Visa, including hiring a lawyer, can be in the ballpark of 5K, so you gotta be prepared for that, and make sure that it’s something you’ll benefit from financially.
Follow Emma Higgins via her official website and Instagram.
Be sure to read the first articles in our series: US Work Permits for Canadian Artists: a Guide to the P-2 Visa followed by US Work Permits for Canadian Artists Part 2: a Guide to the O-1 Visa.
Written by Maryse Bernard
Illustration by Yihong Guo
