Friday, December 11, 2009

P Visas only Granted to "Culturally Unique"

Apparently the the U.S. Citizenship and Immigration Services only allows visas to cultural groups that are "culturally unique." What does this mean? The Wall Street Journal:
When Jordan Peimer booked an Argentine band that fuses Jewish Klezmer music with tango, he thought he had the perfect act to headline his "Fiesta Hanukkah" concert.

That was before the U.S. Citizenship and Immigration Services weighed in with some cultural commentary of its own. The band couldn't travel to the U.S., the agency ruled, because it didn't satisfy a "culturally unique" requirement for a performer visa called P-3.

"The evidence repeatedly suggests the group performs a hybrid or fusion style of music...[which] cannot be considered culturally unique to one particular country, nation, society, class, ethnicity, religion, tribe or other group of persons," read the denial. It was signed by caseworker CSC4672/WS24533.

In fact, immigration law gives an anonymous group of government bureaucrats a lot of cultural clout: They can decide which foreign ballerinas, musicians and artists qualify as "outstanding," or special enough to deserve a visa to enter the U.S.

  • Los Angeles concert promoter Grand Performances booked an Indian music ensemble called Jaipur Kawa Brass Band for a summer gig. U.S. consular authorities approved visas for six members of the band, but rejected two, including the band's only competent English speaker. No explanation was given.
  • The U.S. sponsor for the all-male Brazilian hip-hop company Grupo de Rua applied for a P-1 visa, and submitted articles about the dance company's performances in Tokyo, Berlin, Paris and the Edinburgh Art Festival. Immigration officer number AA0089 requested "evidence the group had achieved international recognition and acclaim."

Artists who wish to visit the U.S. for a performance typically need a P-1 visa; a P-3 visa, issued to entertainers participating in a culturally unique program; or an O-1 visa, for individuals with extraordinary ability in the arts, education or sciences. Once a visa is approved, artists visit a local U.S. consular office to get it stamped in their passport.

Immigration authorities say that in weeding out applicants they deem marginal, they are simply carrying out the intent of Congress in creating the visa categories. The P category is meant to promote the exchange of culture and the arts. The O category is sometimes called the "genius visa. "

Each year, more than 20,000 O and P petitions arrive at the offices of Citizenship and Immigration Services in St. Albans, Vt., and in Laguna Niguel, Calif., where 28 adjudicators review them. The artists' requests represent a small fraction of the visa caseload. The California office alone receives more than 1.3 million visa applications each year.

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