Web Cover Story: Immigrant Song--Why Bands From Abroad Might Have To Stay Home
Bad Lieutenant
STORY: Annie Zaleski
Last month, U.K. trio BAD LIEUTENANT released their debut, Never Cry Another Tear. The album brims with chiming, crisp guitar rock, sung by a dreamy vocalist who should be familiar to music fans: Bernard Sumner, the former singer and guitarist for the legendary synthrock act New Order.
To promote the album’s release, the group booked four U.S. dates, including two opening slots on the Pixies’ Doolittle anniversary tour. But less than a week before the scheduled shows, Bad Lieutenant canceled them, citing a “visa delay.” A day later, Sumner issued the following statement on their website:
“On behalf of the band and management I would like to apologize to all our fans who have been inconvenienced in any way by the cancellation of our U.S. gigs. The band are very upset and surprised by this, as the fans obviously are. I am informed that this was caused by administrative problems with our visa application, and at this late stage nothing can be done. We are trying our hardest to reschedule the gigs for spring next year and to add extra shows in the USA.”
Bad Lieutenant’s story is an all-too-familiar one, at least in recent years. Bands from the U.K. and beyond have had more and more trouble securing U.S. visas–the documents that the State Department says “allow a foreign citizen coming from abroad, to travel to the United States port-of-entry and request permission to enter the United States”–in time for scheduled tours.
During the past few months alone, SPEECH DEBELLE, a U.K. rapper who won the prestigious Mercury Music Prize in 2009, New Zealand electro artist LADYHAWKE and legendary Britpunk group THE DAMNED have canceled U.S. trips due to visa problems.
But “visa problems” is a vague and murky phrase that can mean any number of things–everything from an incomplete or incorrect form to the simple fact that the paperwork wasn’t processed in time. Because the immigration office doesn’t publish its conditions for approval, in some instances, bands denied visas aren’t sure what these problems are or what they can do to solve them.
“Since 9/11, the immigration process has certainly become more difficult and time consuming,” says Glenn Mendlinger, the Senior Vice President of Marketing and General Manager for Astralwerks Records. The label hosts many non-U.S.-based bands on its roster, including Hot Chip, Air and Doves. “Generally, you need to apply for working immigration paperwork about four months in advance. The process can be expedited and turned around in less time, but it is not an exact science and therefore includes some risk.”
Indeed, an unexpectedly short visa–one far shorter than the 12-month term for which bands are usually approved–led to Bad Lieutenant’s tour cancellation, according to their U.S. manager, Tom Atencio. “In our case, in the middle of our [visa] petition, the immigration rules changed,” says Atencio, who was also New Order’s long-time U.S. manager and co-produced the 2007 documentary Joy Division. “The department was only giving visas for the length of time that you could show contractual employment. I was expecting a 12-month visa for my crew and my band, and it became a 30-day visa, because we were here for a two-week tour.
“The visas were issued at the very last minute, but we couldn’t pick them up, because in my opinion, they weren’t usable,” he continues. “A 30-day visa became an obstacle, because if I had used it, then I would have had to clearly apply again [for Bad Lieutenant’s proposed spring 2010 tour]. It’s better for me not to use [the 30-day visa].”
Still, Bad Lieutenant were lucky to even have their visas approved in a timely fashion. That’s not always the case for other bands. “You have no control over how and when [visas] are issued,” says Atencio. “There is a way to expedite them if you have the money to do it. But certainly [for] young bands, it’s quite an expensive proposition. And no one of course can guarantee government processing. If you have the misfortune to be put with an inspector who is on vacation, it stays on his file. You have no control over it. It’s always a gamble.”
The unpredictability of the immigration process has many consequences. For starters, Atencio points out that it’s hard for non-U.S.-based bands to weigh concert offers, plan shows in advance or be spontaneous with their stateside touring plans when they’re not sure if they’ll be allowed into the country. From a practical standpoint, that hurdle can result in lost finances: A Wall Street Journal article on Lily Allen’s canceled 2007 tour estimated that she was out upward of $120,000.
“It can be hard to lock in a crew that will come to the U.S. many months in advance,” Mendlinger says. “If, for example, a crew member changes, you may have to do that tour with one less person. It can be very time sensitive, as putting a tour together with a specific
bunch of people tied to routing a tour is a bit like putting a puzzle
together.”
From an artistic standpoint, American fans lose the chance to experience other facets of a foreign act whose album they might love. “Bad Lieutenant is a case where people kind of know the players, but this is a very different band,” Atencio says. “[There’s] three guitars in it, [and a] very aggressive show that possibly is very different from the recorded experience. People should see it.”
The process of obtaining a visa is lengthy, complicated and often confusing. First, each person in the band or crew must fill out Form I-129, “Petition for a Non-Immigrant Worker.” This is part of the application for a class P-1B visa, which is described by the U.S. Citizenship and Immigration Services in the Department of Homeland Security (USCIS) as the correct one “if you are coming to the United States temporarily to perform as a member of a foreign-based entertainment group that has been recognized internationally as outstanding in the discipline for a sustained and substantial period of time.” (In special cases, musicians file for a class O-1A visa, which is reserved for “individuals with an extraordinary ability in the sciences, arts, education, business, or athletics.”)
In conjunction with any required forms, Mendlinger says that you “need to show who the band or artist is and give relevance. “For example, we need to submit press packets with reviews, articles or coverage on the band,” he explains. “Sometimes this can be challenging if the artist that is applying is brand new.” (Indeed, when applying for the P-1B, the USCIS states that applicants must include “evidence that your group has been established and performing regularly for at least one year.”) But even a well-known, well-respected body of work isn’t an automatic guarantee for a band.
“You always had to prove distinction,” Atencio says. “You had to prove that bringing these people in [to the U.S. to tour] was worth taking jobs away from Americans, because that’s the criteria the unions put on working artistic pieces–if you bring in a violinist, there’s some reasons that a local violinist won’t work. “Even with somebody [Sumner] whose pedigree is as well established as New Order-30-plus years if you include Joy Division–in business, you still have to prove their artistic distinction, no matter how many previous visas they’ve had. Because of the way the system works, you go through an individual inspector.”
Bands can attempt to avoid delays by applying for visas long before their tour starts. Even the U.S. State Department advises this on its website, noting that “visa applications are now subject to a greater degree of review than in the past, so it is important to apply for your visa well in advance of your travel departure date.” But if a last-minute U.S. tour opportunity pops up, bands do have the option to expedite the visa-approval process, although that can be pricey: Atencio says that for an entire band and crew, the amount can run to $5,000.
Once the U.S. approves the visa request, each person has to then interview in-person at the U.S. embassy in his country, and pick up the documents in person. Oh, and don’t forget this: Having a visa does not automatically mean you can enter the U.S. It only means you may ask permission to enter the country.
Atencio, who’s now in the process of getting the ball rolling for a spring 2010 Bad Lieutenant U.S. tour, freely admits that the entire process is “difficult and very trying,” especially for small bands and independent labels. “If you don’t have capital, if you don’t have somebody like me to pay for it–or a big enough tour to support it–it’s a problem,” he says. “In the modern age of digital self-distribution or going through independents, it must be a hardship for a lot of bands.” alt
BUREACRACY INACTION!
Looking to bring your band into the Land of the Free? You should probably get out your reading glasses first:
U.S. State Department page on immigration/work visas
O-1 URL
P-1B URL
