Audition for "Aliens"

[ubq]

Dear Everbody I've got a question relating Tuba-auditions.

I'm a European citizen, and several months ago I sent my application to the MSO. They were kind and wrote me back, everything was positiv positiv until the last paragraph:

"The Immigration Reform and Control Act forbids employers, including symphony orchestras, from hiring anyone but (1) American citizens, or (2) ALIENS(!!!) who are authorized by the U.S. Immigration and Naturalization Service to work in the United States. If you do not belong to either of these categories, you may wish to consider the effect of this law when deciding whether to participate in these auditions."

My question is, how is it possible for somebody outside the USA to got a Job in an American Orchestra? For example the new Cleveland Tubaist Yasuhito Sugiyama?
I know of course you must be terrible good, thats no question.
But if the talent and the knowledge is there, are the Immigrations Chances greater as well?

Thanks for any answer, and of course the best wishes to Mr. Sugiyama !!!

[Mark]

I would guess that if you win the audition, it would seem that you are the *most* qualified for the position, and that therefore you would be the *only* person qualified out of the applicants.

I am assuming the original poster quoted the MSO correctly. Although they don't say a "green card" is necessary to take the audition, they are clearly stating that they will not hire a person who does not already have a green card. I'm sure the reasoning is more financial than legal. It can cost an employer thousands of dollars to obtain a "green card" for an emplooyee and if they hire the person before they have the card, the employer is pretty much obligated to obtain it for that person.

[UDELBR]

No different than the protectionist crap the European orchestras pull.

[Alex F]

I am a licensed attorney but do not practice immigration law at present.

Tubalawlisa has set out the basic rules. I would like to add that U.S. immigration law is enforced the Department of Homeland Security (DHS) through two entities that were once known as the Immigration and Naturalization Service (INS). Today, the Bureau of Customs and Immigration Services (CIS) handles most of the routine immigrant screening and visa approval matters while the Bureau of Immigration Enforcement (BIE) handles removals (deportation) and other enforcement issues.

You will most likely require a P-1 or P-3 visa to work as a symphony musician in the U.S. This involves a fair amount of paperwork and approvals. For example, if a union is involved (I believe the MSO Is an AFM shop), such as the AFM, a "consultation" is required. The union will most likely object, for obvious reasons, but this objection is not legally binding on CIS. The process can be somewhat tedious and expensive, and engaging an attorney specializing in professional/artistic visas is recommended. The employer often covers all or most of the costs.

I have done work with an immigration attorney here in Chicago who does specialize in professional/artistic/executive visas, and you may PM or e-mail me if you would like more information. There are, of course, many attorneys who handle these kinds of matters and you should ccnsult with one of your choosing if you desire to work in the U.S.

Good luck in your endeavors.

[Chuck(G)]

Are H1B visas applicable to professional music positions?

[Lew]

Are H1B visas applicable to professional music positions?

I am not an immigration lawyer, but have a number of people on H1B visas working for me. My understanding of the H1B category is that it is for a "specialty" occupation, and that "the arts" is considered a specialty occupation. In practice I understand that very few, if any H1Bs are issued for the arts.

[Alex F]

These cases are often very fact specific. A lot depends on the applicant's education, experience, recognition, and the other factors previously dicussed.

As Lew points out, the H-1B category may be applicable, along with the P categores. There is also the O-1, which pertains to individuals of extraordinary ability. O visas require employer petitions - the applicant can not self-petition. He/she will have to show that he has achieved a "high" level of national or international fame/recognition. This is where reviewing the matter with a lawyer who specializes in artist type visas is best. Not all do. The lawyer will review the applicant's education, esperience, notoriety, etc. The folks at CIS who will ultimately rule on a petition like this are most likely not musicians but do deal with these questions all the time.