Funky21

Hi,

I'm a composer, working on film scores and I want to move to LA in
order to concentrate on getting more work there. I have worked with a
couple of production companies successfully and think that the time
might be right to go for it.

Is there a visa that would allow me to live in the US while I look for
work in the entertainment industry? I am fully qualified if that is
relevant (MA in music).

Thanks in advance.

S B

Funky21 wrote:
    >
    > Hi,
    >
    > I'm a composer, working on film scores and I want to move to LA in
    > order to concentrate on getting more work there. I have worked with a
    > couple of production companies successfully and think that the time
    > might be right to go for it.
    >
    > Is there a visa that would allow me to live in the US while I look for
    > work in the entertainment industry? I am fully qualified if that is
    > relevant (MA in music).
    >
    > Thanks in advance.
    >
    >

No ... there is no visa that permits you entry to Look for work. If you
come to the US and indicate that you've come to look for work, you will
be put on the next plane home. INS (now CBS) officers must by law
refuse you entry, since work visas are on the petitioning of an employer
and therefore coming to work shows immigrant intent.

You may come to the US to negotiate details of work that you've made
initial contact elsewhere as you've done before, but there is no way to
"go for it" as you put it.

Funky21

Is there any way a production company with whom I've got a good
relationship might be able to "employ" me, or vouch for me?



On Wed, 19 Mar 2003 15:40:04 GMT, S B
wrote:

    >Funky21 wrote:
    >>
    >> Hi,
    >>
    >> I'm a composer, working on film scores and I want to move to LA in
    >> order to concentrate on getting more work there. I have worked with a
    >> couple of production companies successfully and think that the time
    >> might be right to go for it.
    >>
    >> Is there a visa that would allow me to live in the US while I look for
    >> work in the entertainment industry? I am fully qualified if that is
    >> relevant (MA in music).
    >>
    >> Thanks in advance.
    >>
    >>
    >No ... there is no visa that permits you entry to Look for work. If you
    >come to the US and indicate that you've come to look for work, you will
    >be put on the next plane home. INS (now CBS) officers must by law
    >refuse you entry, since work visas are on the petitioning of an employer
    >and therefore coming to work shows immigrant intent.
    >You may come to the US to negotiate details of work that you've made
    >initial contact elsewhere as you've done before, but there is no way to
    >"go for it" as you put it.

S B

Funky21 wrote:
    >
    > Is there any way a production company with whom I've got a good
    > relationship might be able to "employ" me, or vouch for me?

US non-immigrant visas are for the benefit of an employer ... not for
your benefit, therefore there must be a legitimate job offer for a
legitimate job for them to petition for you. They can't "vouch" for
you. If they have a job for you, then they should go to an immigration
attorney experienced in this kind of activity (and I'm sure production
companies must have the needed contacts since it's something they do
routinely ... getting people from abroad).

What you are trying to do as essentially a freelancer is perform
activities that are essentially reserved for citizens and permanent
residents of a country. To get to be a permanent resident of the US
requires job sponsorship until you are established, then you can change
employers. This is a 3-5 year process.

A work visa ties you to one specific company for the duration of your
duties with that company.

Funky21

Thanks SB.

I have another question that you may be able to help with - I'm
getting married in 2 months. I just went to the usais website to apply
for the green card lottery, and it asked if I am married. If I put no,
for now, will I be able to change the status and bring my wife to the
states if we win a green card?

Thanks again!

    >US non-immigrant visas are for the benefit of an employer ... not for
    >your benefit, therefore there must be a legitimate job offer for a
    >legitimate job for them to petition for you. They can't "vouch" for
    >you. If they have a job for you, then they should go to an immigration
    >attorney experienced in this kind of activity (and I'm sure production
    >companies must have the needed contacts since it's something they do
    >routinely ... getting people from abroad).
    >What you are trying to do as essentially a freelancer is perform
    >activities that are essentially reserved for citizens and permanent
    >residents of a country. To get to be a permanent resident of the US
    >requires job sponsorship until you are established, then you can change
    >employers. This is a 3-5 year process.
    >A work visa ties you to one specific company for the duration of your
    >duties with that company.

S B

Funky21 wrote:
    >
    > Thanks SB.
    >
    > I have another question that you may be able to help with - I'm
    > getting married in 2 months. I just went to the usais website to apply
    > for the green card lottery, and it asked if I am married. If I put no,
    > for now, will I be able to change the status and bring my wife to the
    > states if we win a green card?


NOTE that USAIS is NOT a government web site although they attempt to
look like it. They also set themselves up to look like they get
information that others can't get ... wrong. They promise information
that they cannot get. They charge for forms that you can get for free
elsewhere. A search on google will show their real nature.

Go to the BCIS http://www.bcis.gov site or the American embassy site for
more info ... in particular, look at this ...

http://www.usembassy.org.uk/cons_web/faqs/iv/faq_dv.htm

and to quote from the page ...

"How do I apply for the lottery?

Each year there is a one calendar month registration period beginning on
the first Monday in
October, when qualified applicants are invited to apply to register for
the Program by mail.
Entries are selected at random by computer, regardless of the date and
time of receipt during
that period. Successful applicants are invited to apply for an immigrant
visa and will be
required to establish their eligibility for a visa under current laws
and regulations.

"When is the next registration period?

The registration period for the Program for 2004 closed at noon on
Wednesday, November
6, 2002. The registration period for 2005 will take in October 2003.
Further information will
be available in the summer of 2003. "

Note carefully that this states that you must register by mail - there
is NO online way to apply in spite of what USAIS may say, and that you
cannot apply right now anyway.


Also note this ... I don't know if it applies to you ...

"Why are people born in Great Britain not eligible to
apply for the Program, but those born in Northern
Ireland are eligible?

The Program was created to provide an avenue for immigration to the
United States for
persons born in countries which have had low rates of immigration to the
United States in
recent years. For this Program only, Great Britain and Northern Ireland
are treated as
separate countries. Countries that have sent more than 50,000 immigrants
to the United States
within the previous five years, do not qualify for the Program. The
countries are reviewed
annually, but since the implementation of this Program, Great Britain
has not meet the
qualifying criteria.


and finally

"What can I do if I believe a company has taken money
from me under false pretenses?

If you believe that you have a complaint against a company that has been
advertising its service
for the visa lottery, you should contact your local consumer affairs
office or the Federal Trade
Commission in the United States. The address of the Federal Trade
Commission is Consumer
Response Center, Federal Trade Commission, 600 Pennsylvania Avenue,
N.W., Washington,
DC 20580; phone number: 202 382 4357. There is also a complaint form on
the internet at
www.ftc.gov.

Now you decide ... is USAIS legit ?

This info makes your question about your marriage moot, because by the
time the registration period comes around, assuming you really are
eligible, you will be married!

Funky21

Thanks again! I'm glad I didn't complete the application now...

On Wed, 19 Mar 2003 17:03:30 GMT, S B
wrote:

    >Funky21 wrote:
    >>
    >> Thanks SB.
    >>
    >> I have another question that you may be able to help with - I'm
    >> getting married in 2 months. I just went to the usais website to apply
    >> for the green card lottery, and it asked if I am married. If I put no,
    >> for now, will I be able to change the status and bring my wife to the
    >> states if we win a green card?
    >NOTE that USAIS is NOT a government web site although they attempt to
    >look like it. They also set themselves up to look like they get
    >information that others can't get ... wrong. They promise information
    >that they cannot get. They charge for forms that you can get for free
    >elsewhere. A search on google will show their real nature.
    >Go to the BCIS http://www.bcis.gov site or the American embassy site for
    >more info ... in particular, look at this ...
    >http://www.usembassy.org.uk/cons_web/faqs/iv/faq_dv.htm
    >and to quote from the page ...
    >"How do I apply for the lottery?
    >Each year there is a one calendar month registration period beginning on
    >the first Monday in
    >October, when qualified applicants are invited to apply to register for
    >the Program by mail.
    >Entries are selected at random by computer, regardless of the date and
    >time of receipt during
    >that period. Successful applicants are invited to apply for an immigrant
    >visa and will be
    >required to establish their eligibility for a visa under current laws
    >and regulations.
    >"When is the next registration period?
    >The registration period for the Program for 2004 closed at noon on
    >Wednesday, November
    >6, 2002. The registration period for 2005 will take in October 2003.
    >Further information will
    >be available in the summer of 2003. "
    >Note carefully that this states that you must register by mail - there
    >is NO online way to apply in spite of what USAIS may say, and that you
    >cannot apply right now anyway.
    >Also note this ... I don't know if it applies to you ...
    >"Why are people born in Great Britain not eligible to
    > apply for the Program, but those born in Northern
    > Ireland are eligible?
    >The Program was created to provide an avenue for immigration to the
    >United States for
    >persons born in countries which have had low rates of immigration to the
    >United States in
    >recent years. For this Program only, Great Britain and Northern Ireland
    >are treated as
    >separate countries. Countries that have sent more than 50,000 immigrants
    >to the United States
    >within the previous five years, do not qualify for the Program. The
    >countries are reviewed
    >annually, but since the implementation of this Program, Great Britain
    >has not meet the
    >qualifying criteria.
    >and finally
    >"What can I do if I believe a company has taken money
    > from me under false pretenses?
    >If you believe that you have a complaint against a company that has been
    >advertising its service
    >for the visa lottery, you should contact your local consumer affairs
    >office or the Federal Trade
    >Commission in the United States. The address of the Federal Trade
    >Commission is Consumer
    >Response Center, Federal Trade Commission, 600 Pennsylvania Avenue,
    >N.W., Washington,
    >DC 20580; phone number: 202 382 4357. There is also a complaint form on
    >the internet at
    > www.ftc.gov.
    >Now you decide ... is USAIS legit ?
    >This info makes your question about your marriage moot, because by the
    >time the registration period comes around, assuming you really are
    >eligible, you will be married!

Ingo Pakleppa

On Wed, 19 Mar 2003 15:27:08 +0000, Funky21 wrote:

    > Hi,
    >
    > I'm a composer, working on film scores and I want to move to LA in
    > order to concentrate on getting more work there. I have worked with a
    > couple of production companies successfully and think that the time
    > might be right to go for it.
    >
    > Is there a visa that would allow me to live in the US while I look for
    > work in the entertainment industry? I am fully qualified if that is
    > relevant (MA in music).

You can come to the US as as a business visitor (with the three-month
visa waiver) in order to sell your services, but only if you plan to
return to the UK to do the actual composing.

Alternatively, you can interview for jobs on a tourist visa, again as long
as you plan to return before your new employer sponsors you for another
visa. BCBS can take a pretty strict view on this, and in practical terms
often denies admission to people who come for interviews. You should have
a letter from your prospective employer that gives the date of the
interview, and states that you will return to the UK and apply for the
appropriate visa there.

The appropriate visa for actually working in the US is probably either
H-1B, O-1 or P-1. Your new employer should hire an immigration attorney to
identify which one.

Also, if you want to do freelance work rather than being employed, this
will be much more difficult but can still be done in one of two ways.
First, you can have an agency sponsor you and then always work through
this agent. If there are no jobs, though, you'd have to leave the US.

The other possibility is starting your own company and employing yourself.
BCIS sometimes scrutinizes such cases more than others, so don't do it
without a good lawyer. Also, be aware that this company will have to pay
you a salary no matter what happens, or you fall out of status. And you
cannot get a Green Card this way (although if you are outstanding in your
field, you may be able to get a self-sponsored Green Card through a
different avenue).

Ingo Pakleppa

They USAIS Web site must be some private company. You can apply for the
lottery yourself without the service of such a company. Entering is free.
The new rules have just been announced. I think they should be available
at http://travel.state.gov.

The questions must be answered truthfully at the time you are mailing the
application to the Kentucky facility that processes the applications. If
you are getting married after that date, but before getting the actual
immigrant visa at a consulate, your wife can get one, too.

But as an aside, since you are from the UK, you probably don't qualify for
the lottery anyway. There are a few exceptions. You do qualify if:

- you were born in Northern Ireland.
- you were born in another part of the world that does qualify
(citizenship doesn't matter, only place of birth counts).
- you are married and your spouse qualifies for the lottery.
- your parents were tourists (or similar) when you were born, and are from
a qualifying country.

The last two rules are known as "claiming alternate nativity".

Also, if you are married, you are essentially doubling your chances of
winning; both of you can send entries that cover both (even if only one of
you actually qualifies!)

On Wed, 19 Mar 2003 16:32:34 +0000, Funky21 wrote:

    > Thanks SB.
    >
    > I have another question that you may be able to help with - I'm
    > getting married in 2 months. I just went to the usais website to apply
    > for the green card lottery, and it asked if I am married. If I put no,
    > for now, will I be able to change the status and bring my wife to the
    > states if we win a green card?
    >
    > Thanks again!
    >
    >>US non-immigrant visas are for the benefit of an employer ... not for
    >>your benefit, therefore there must be a legitimate job offer for a
    >>legitimate job for them to petition for you. They can't "vouch" for
    >>you. If they have a job for you, then they should go to an immigration
    >>attorney experienced in this kind of activity (and I'm sure production
    >>companies must have the needed contacts since it's something they do
    >>routinely ... getting people from abroad).
    >>What you are trying to do as essentially a freelancer is perform
    >>activities that are essentially reserved for citizens and permanent
    >>residents of a country. To get to be a permanent resident of the US
    >>requires job sponsorship until you are established, then you can change
    >>employers. This is a 3-5 year process.
    >>A work visa ties you to one specific company for the duration of your
    >>duties with that company.

Funky21

So I guess if I became attached to a music agency in LA I could go
that route?

I notice that the "Professionals & Persons of Exceptional Ability
Employment Based Second Preference" category of immigrant visas have
the provision to apply for an exemption of job offer. On the us
embassy uk site
http://www.usembassy.org.uk/cons_web...fessionals.htm

it states:
Those seeking employment in the exceptional ability category, may seek
an exemption from the job offer requirement and may file a petition on
his or own behalf. Further information may be obtained from BCIS
office having jurisdiction over the area of intended residence.
_____________________

Their desciption for the category is as follows:

Members of the professions includes, but is not limited to architects,
engineers, lawyers, physicians, surgeons, and teachers in elementary
or secondary schools, colleges, academia, or seminaries. It also
includes any occupation for which a U.S. baccalaureate degree (or
foreign equivalent) is the minimum requirement for entry into the
occupation. For member of the professions, advanced degree means any
U.S. academic or professional degree (or foreign equivalent degree)
above that of a baccalaureate. A bachelor degree plus five years of
progressive experience in the professions is considered as the
equivalent of a master's degree.

Aliens of Exceptional Ability in the sciences, arts, or business. An
alien will qualify for registration in this category if he or she is
seeking to enter in the United States in his or her field and the
entry of such alien will substantially benefit prospectively the
national economy, cultural, or educational interests, or welfare of
the United States.

Exceptional ability has been defined as something more than what is
usual, ordinary, or common, and requires some rare or unusual talent,
or unique or extraordinary ability in a calling which, of itself,
requires that talent or skill. The possession of a degree, diploma,
certificate, or similar award from a college, university, school, or
other institution of learning or a license to practice, or
certification for a particular profession or occupation, shall not, by
itself, be considered sufficient evidence of such exceptional ability
_______________________________

Is this something that might apply to me as a composer? I've got
performances and comissions under my belt, as well as a BA, an MA, and
other qualifications...

Thanks in advance!



On Wed, 19 Mar 2003 20:33:15 -0800, "Ingo Pakleppa"
wrote:

    >On Wed, 19 Mar 2003 15:27:08 +0000, Funky21 wrote:
    >> Hi,
    >>
    >> I'm a composer, working on film scores and I want to move to LA in
    >> order to concentrate on getting more work there. I have worked with a
    >> couple of production companies successfully and think that the time
    >> might be right to go for it.
    >>
    >> Is there a visa that would allow me to live in the US while I look for
    >> work in the entertainment industry? I am fully qualified if that is
    >> relevant (MA in music).
    >You can come to the US as as a business visitor (with the three-month
    >visa waiver) in order to sell your services, but only if you plan to
    >return to the UK to do the actual composing.
    >Alternatively, you can interview for jobs on a tourist visa, again as long
    >as you plan to return before your new employer sponsors you for another
    >visa. BCBS can take a pretty strict view on this, and in practical terms
    >often denies admission to people who come for interviews. You should have
    >a letter from your prospective employer that gives the date of the
    >interview, and states that you will return to the UK and apply for the
    >appropriate visa there.
    >The appropriate visa for actually working in the US is probably either
    >H-1B, O-1 or P-1. Your new employer should hire an immigration attorney to
    >identify which one.
    >Also, if you want to do freelance work rather than being employed, this
    >will be much more difficult but can still be done in one of two ways.
    >First, you can have an agency sponsor you and then always work through
    >this agent. If there are no jobs, though, you'd have to leave the US.
    >The other possibility is starting your own company and employing yourself.
    >BCIS sometimes scrutinizes such cases more than others, so don't do it
    >without a good lawyer. Also, be aware that this company will have to pay
    >you a salary no matter what happens, or you fall out of status. And you
    >cannot get a Green Card this way (although if you are outstanding in your
    >field, you may be able to get a self-sponsored Green Card through a
    >different avenue).

Ingo Pakleppa

On Thu, 20 Mar 2003 09:00:52 +0000, Funky21 wrote:

    > So I guess if I became attached to a music agency in LA I could go
    > that route?

Yes.

    > I notice that the "Professionals & Persons of Exceptional Ability
    > Employment Based Second Preference" category of immigrant visas have
    > the provision to apply for an exemption of job offer. On the us
    > embassy uk site
    > http://www.usembassy.org.uk/cons_web...fessionals.htm
    >
    > it states:
    > Those seeking employment in the exceptional ability category, may seek
    > an exemption from the job offer requirement and may file a petition on
    > his or own behalf. Further information may be obtained from BCIS
    > office having jurisdiction over the area of intended residence.
    > _____________________
    >
    > Is this something that might apply to me as a composer? I've got
    > performances and comissions under my belt, as well as a BA, an MA, and
    > other qualifications...

You need to hire a very competent immigration attorney to pull this off.
Yes, it's probably doable as long as you are at the top of your field, but
will need good legal advice.

In any case, you need to be aware that getting a Green Card will take
several years. Few people are willing to wait that long, so almost
everybody gets a non-immigrant visa first.

Also, it is important to be aware that once you start your Green Card
application, it may be difficult or even impossible to travel to the US,
so you might not be able to do any Hollywood work during that time.

    > Thanks in advance!
    >
    >
    >
    > On Wed, 19 Mar 2003 20:33:15 -0800, "Ingo Pakleppa"
    > wrote:
    >
    >>On Wed, 19 Mar 2003 15:27:08 +0000, Funky21 wrote:
    >>> Hi,
    >>>
    >>> I'm a composer, working on film scores and I want to move to LA in
    >>> order to concentrate on getting more work there. I have worked with a
    >>> couple of production companies successfully and think that the time
    >>> might be right to go for it.
    >>>
    >>> Is there a visa that would allow me to live in the US while I look for
    >>> work in the entertainment industry? I am fully qualified if that is
    >>> relevant (MA in music).
    >>You can come to the US as as a business visitor (with the three-month
    >>visa waiver) in order to sell your services, but only if you plan to
    >>return to the UK to do the actual composing.
    >>Alternatively, you can interview for jobs on a tourist visa, again as long
    >>as you plan to return before your new employer sponsors you for another
    >>visa. BCBS can take a pretty strict view on this, and in practical terms
    >>often denies admission to people who come for interviews. You should have
    >>a letter from your prospective employer that gives the date of the
    >>interview, and states that you will return to the UK and apply for the
    >>appropriate visa there.
    >>The appropriate visa for actually working in the US is probably either
    >>H-1B, O-1 or P-1. Your new employer should hire an immigration attorney to
    >>identify which one.
    >>Also, if you want to do freelance work rather than being employed, this
    >>will be much more difficult but can still be done in one of two ways.
    >>First, you can have an agency sponsor you and then always work through
    >>this agent. If there are no jobs, though, you'd have to leave the US.
    >>The other possibility is starting your own company and employing yourself.
    >>BCIS sometimes scrutinizes such cases more than others, so don't do it
    >>without a good lawyer. Also, be aware that this company will have to pay
    >>you a salary no matter what happens, or you fall out of status. And you
    >>cannot get a Green Card this way (although if you are outstanding in your
    >>field, you may be able to get a self-sponsored Green Card through a
    >>different avenue).

S B

Funky21 wrote:
    >
    > So I guess if I became attached to a music agency in LA I could go
    > that route?
    >
    > I notice that the "Professionals & Persons of Exceptional Ability
    > Employment Based Second Preference" category of immigrant visas have
    > the provision to apply for an exemption of job offer. On the us
    > embassy uk site
    > http://www.usembassy.org.uk/cons_web...fessionals.htm
    >
    > it states:
    > Those seeking employment in the exceptional ability category, may seek
    > an exemption from the job offer requirement and may file a petition on
    > his or own behalf. Further information may be obtained from BCIS
    > office having jurisdiction over the area of intended residence.
    > _____________________
    >
    > Their desciption for the category is as follows:
    >
    > Members of the professions includes, but is not limited to architects,
    > engineers, lawyers, physicians, surgeons, and teachers in elementary
    > or secondary schools, colleges, academia, or seminaries. It also
    > includes any occupation for which a U.S. baccalaureate degree (or
    > foreign equivalent) is the minimum requirement for entry into the
    > occupation. For member of the professions, advanced degree means any
    > U.S. academic or professional degree (or foreign equivalent degree)
    > above that of a baccalaureate. A bachelor degree plus five years of
    > progressive experience in the professions is considered as the
    > equivalent of a master's degree.
    >
    > Aliens of Exceptional Ability in the sciences, arts, or business. An
    > alien will qualify for registration in this category if he or she is
    > seeking to enter in the United States in his or her field and the
    > entry of such alien will substantially benefit prospectively the
    > national economy, cultural, or educational interests, or welfare of
    > the United States.
    >
    > Exceptional ability has been defined as something more than what is
    > usual, ordinary, or common, and requires some rare or unusual talent,
    > or unique or extraordinary ability in a calling which, of itself,
    > requires that talent or skill. The possession of a degree, diploma,
    > certificate, or similar award from a college, university, school, or
    > other institution of learning or a license to practice, or
    > certification for a particular profession or occupation, shall not, by
    > itself, be considered sufficient evidence of such exceptional ability
    > _______________________________
    >
    > Is this something that might apply to me as a composer? I've got
    > performances and comissions under my belt, as well as a BA, an MA, and
    > other qualifications...
    >
    > Thanks in advance!

Remember that the agency must EMPLOY you ... i.e. you must actually be
working for them and be paid by them while you are in the US. It would
be rare for agencies to hire people.

The Extraordinary ability must be demonstrated through at least national
and preferably international acclaim.

I know my posts sound like wet blankets ... sorry bout that, but I'd
rather that you realize what you're up against than think you can breeze
through it and then have it all fall apart. Getting into the US is not
an easy process.

Observer

In order to qualify as "Aliens of Exceptional Ability in the sciences, arts,
or business". you must be on top ( the best ) of your professional as
composer. Better have plenty of evidences ( report, photo, video, audio,
newspaper, magazine, music score, award, recommendation, association
standing ) to backup your claim.

For example, your published score and credit from movie, play, opera,
concert, etc. Official musical critic, report, clipping from newspaper or
music magazine of your works. Your award from Grammy or equivalent for your
composing accomplishment. Supporting documents regarding your extraordinary
composing skill from your country leading composer(s) and peer(s).

The benefits to the United States of America due to your migration.


"Funky21" wrote in message
news:[email protected]...
    > So I guess if I became attached to a music agency in LA I could go
    > that route?
    > I notice that the "Professionals & Persons of Exceptional Ability
    > Employment Based Second Preference" category of immigrant visas have
    > the provision to apply for an exemption of job offer. On the us
    > embassy uk site
    > http://www.usembassy.org.uk/cons_web...fessionals.htm
    > it states:
    > Those seeking employment in the exceptional ability category, may seek
    > an exemption from the job offer requirement and may file a petition on
    > his or own behalf. Further information may be obtained from BCIS
    > office having jurisdiction over the area of intended residence.
    > _____________________
    > Their desciption for the category is as follows:
    > Members of the professions includes, but is not limited to architects,
    > engineers, lawyers, physicians, surgeons, and teachers in elementary
    > or secondary schools, colleges, academia, or seminaries. It also
    > includes any occupation for which a U.S. baccalaureate degree (or
    > foreign equivalent) is the minimum requirement for entry into the
    > occupation. For member of the professions, advanced degree means any
    > U.S. academic or professional degree (or foreign equivalent degree)
    > above that of a baccalaureate. A bachelor degree plus five years of
    > progressive experience in the professions is considered as the
    > equivalent of a master's degree.
    > Aliens of Exceptional Ability in the sciences, arts, or business. An
    > alien will qualify for registration in this category if he or she is
    > seeking to enter in the United States in his or her field and the
    > entry of such alien will substantially benefit prospectively the
    > national economy, cultural, or educational interests, or welfare of
    > the United States.
    > Exceptional ability has been defined as something more than what is
    > usual, ordinary, or common, and requires some rare or unusual talent,
    > or unique or extraordinary ability in a calling which, of itself,
    > requires that talent or skill. The possession of a degree, diploma,
    > certificate, or similar award from a college, university, school, or
    > other institution of learning or a license to practice, or
    > certification for a particular profession or occupation, shall not, by
    > itself, be considered sufficient evidence of such exceptional ability
    > _______________________________
    > Is this something that might apply to me as a composer? I've got
    > performances and comissions under my belt, as well as a BA, an MA, and
    > other qualifications...
    > Thanks in advance!
    > On Wed, 19 Mar 2003 20:33:15 -0800, "Ingo Pakleppa"
    > wrote:
    > >On Wed, 19 Mar 2003 15:27:08 +0000, Funky21 wrote:
    > >
    > >> Hi,
    > >>
    > >> I'm a composer, working on film scores and I want to move to LA in
    > >> order to concentrate on getting more work there. I have worked with a
    > >> couple of production companies successfully and think that the time
    > >> might be right to go for it.
    > >>
    > >> Is there a visa that would allow me to live in the US while I look for
    > >> work in the entertainment industry? I am fully qualified if that is
    > >> relevant (MA in music).
    > >
    > >You can come to the US as as a business visitor (with the three-month
    > >visa waiver) in order to sell your services, but only if you plan to
    > >return to the UK to do the actual composing.
    > >
    > >Alternatively, you can interview for jobs on a tourist visa, again as
long
    > >as you plan to return before your new employer sponsors you for another
    > >visa. BCBS can take a pretty strict view on this, and in practical terms
    > >often denies admission to people who come for interviews. You should have
    > >a letter from your prospective employer that gives the date of the
    > >interview, and states that you will return to the UK and apply for the
    > >appropriate visa there.
    > >
    > >The appropriate visa for actually working in the US is probably either
    > >H-1B, O-1 or P-1. Your new employer should hire an immigration attorney
to
    > >identify which one.
    > >
    > >Also, if you want to do freelance work rather than being employed, this
    > >will be much more difficult but can still be done in one of two ways.
    > >First, you can have an agency sponsor you and then always work through
    > >this agent. If there are no jobs, though, you'd have to leave the US.
    > >
    > >The other possibility is starting your own company and employing
yourself.
    > >BCIS sometimes scrutinizes such cases more than others, so don't do it
    > >without a good lawyer. Also, be aware that this company will have to pay
    > >you a salary no matter what happens, or you fall out of status. And you
    > >cannot get a Green Card this way (although if you are outstanding in your
    > >field, you may be able to get a self-sponsored Green Card through a
    > >different avenue).

Ingo Pakleppa

On Thu, 20 Mar 2003 16:21:08 +0000, S B wrote:

    > Funky21 wrote:
    >>
    >> So I guess if I became attached to a music agency in LA I could go
    >> that route?
    >>
    >> I notice that the "Professionals & Persons of Exceptional Ability
    >> Employment Based Second Preference" category of immigrant visas have
    >> the provision to apply for an exemption of job offer. On the us
    >> embassy uk site
    >> http://www.usembassy.org.uk/cons_web...fessionals.htm
    >>
    >> it states:
    >> Those seeking employment in the exceptional ability category, may seek
    >> an exemption from the job offer requirement and may file a petition on
    >> his or own behalf. Further information may be obtained from BCIS
    >> office having jurisdiction over the area of intended residence.
    >> _____________________
    >>
    >> Their desciption for the category is as follows:
    >>
    >> Members of the professions includes, but is not limited to architects,
    >> engineers, lawyers, physicians, surgeons, and teachers in elementary
    >> or secondary schools, colleges, academia, or seminaries. It also
    >> includes any occupation for which a U.S. baccalaureate degree (or
    >> foreign equivalent) is the minimum requirement for entry into the
    >> occupation. For member of the professions, advanced degree means any
    >> U.S. academic or professional degree (or foreign equivalent degree)
    >> above that of a baccalaureate. A bachelor degree plus five years of
    >> progressive experience in the professions is considered as the
    >> equivalent of a master's degree.
    >>
    >> Aliens of Exceptional Ability in the sciences, arts, or business. An
    >> alien will qualify for registration in this category if he or she is
    >> seeking to enter in the United States in his or her field and the
    >> entry of such alien will substantially benefit prospectively the
    >> national economy, cultural, or educational interests, or welfare of
    >> the United States.
    >>
    >> Exceptional ability has been defined as something more than what is
    >> usual, ordinary, or common, and requires some rare or unusual talent,
    >> or unique or extraordinary ability in a calling which, of itself,
    >> requires that talent or skill. The possession of a degree, diploma,
    >> certificate, or similar award from a college, university, school, or
    >> other institution of learning or a license to practice, or
    >> certification for a particular profession or occupation, shall not, by
    >> itself, be considered sufficient evidence of such exceptional ability
    >> _______________________________
    >>
    >> Is this something that might apply to me as a composer? I've got
    >> performances and comissions under my belt, as well as a BA, an MA, and
    >> other qualifications...
    >>
    >> Thanks in advance!
    >
    > Remember that the agency must EMPLOY you ... i.e. you must actually be
    > working for them and be paid by them while you are in the US. It would
    > be rare for agencies to hire people.

It is my understanding that there doesn't have to be an actual
employer/employee relationship, as long as the agency provides for the
work, and he gets paid at least as much as an American in similar
positions would. This is a special rule for artists, where using agencies
is fairly normal; this agency-sponsorship mechanism won't work with
regular H-1Bs.

Ask an immigration attorney.

    > The Extraordinary ability must be demonstrated through at least national
    > and preferably international acclaim.
    >
    > I know my posts sound like wet blankets ... sorry bout that, but I'd
    > rather that you realize what you're up against than think you can breeze
    > through it and then have it all fall apart. Getting into the US is not
    > an easy process.

Funky21

Thanks to everyone for the comments. It looks like it's going to be
harder work than I thought...


On Thu, 20 Mar 2003 15:10:01 -0800, "Ingo Pakleppa"
wrote:

    >On Thu, 20 Mar 2003 16:21:08 +0000, S B wrote:
    >> Funky21 wrote:
    >>>
    >>> So I guess if I became attached to a music agency in LA I could go
    >>> that route?
    >>>
    >>> I notice that the "Professionals & Persons of Exceptional Ability
    >>> Employment Based Second Preference" category of immigrant visas have
    >>> the provision to apply for an exemption of job offer. On the us
    >>> embassy uk site
    >>> http://www.usembassy.org.uk/cons_web...fessionals.htm
    >>>
    >>> it states:
    >>> Those seeking employment in the exceptional ability category, may seek
    >>> an exemption from the job offer requirement and may file a petition on
    >>> his or own behalf. Further information may be obtained from BCIS
    >>> office having jurisdiction over the area of intended residence.
    >>> _____________________
    >>>
    >>> Their desciption for the category is as follows:
    >>>
    >>> Members of the professions includes, but is not limited to architects,
    >>> engineers, lawyers, physicians, surgeons, and teachers in elementary
    >>> or secondary schools, colleges, academia, or seminaries. It also
    >>> includes any occupation for which a U.S. baccalaureate degree (or
    >>> foreign equivalent) is the minimum requirement for entry into the
    >>> occupation. For member of the professions, advanced degree means any
    >>> U.S. academic or professional degree (or foreign equivalent degree)
    >>> above that of a baccalaureate. A bachelor degree plus five years of
    >>> progressive experience in the professions is considered as the
    >>> equivalent of a master's degree.
    >>>
    >>> Aliens of Exceptional Ability in the sciences, arts, or business. An
    >>> alien will qualify for registration in this category if he or she is
    >>> seeking to enter in the United States in his or her field and the
    >>> entry of such alien will substantially benefit prospectively the
    >>> national economy, cultural, or educational interests, or welfare of
    >>> the United States.
    >>>
    >>> Exceptional ability has been defined as something more than what is
    >>> usual, ordinary, or common, and requires some rare or unusual talent,
    >>> or unique or extraordinary ability in a calling which, of itself,
    >>> requires that talent or skill. The possession of a degree, diploma,
    >>> certificate, or similar award from a college, university, school, or
    >>> other institution of learning or a license to practice, or
    >>> certification for a particular profession or occupation, shall not, by
    >>> itself, be considered sufficient evidence of such exceptional ability
    >>> _______________________________
    >>>
    >>> Is this something that might apply to me as a composer? I've got
    >>> performances and comissions under my belt, as well as a BA, an MA, and
    >>> other qualifications...
    >>>
    >>> Thanks in advance!
    >>
    >> Remember that the agency must EMPLOY you ... i.e. you must actually be
    >> working for them and be paid by them while you are in the US. It would
    >> be rare for agencies to hire people.
    >It is my understanding that there doesn't have to be an actual
    >employer/employee relationship, as long as the agency provides for the
    >work, and he gets paid at least as much as an American in similar
    >positions would. This is a special rule for artists, where using agencies
    >is fairly normal; this agency-sponsorship mechanism won't work with
    >regular H-1Bs.
    >Ask an immigration attorney.
    >> The Extraordinary ability must be demonstrated through at least national
    >> and preferably international acclaim.
    >>
    >> I know my posts sound like wet blankets ... sorry bout that, but I'd
    >> rather that you realize what you're up against than think you can breeze
    >> through it and then have it all fall apart. Getting into the US is not
    >> an easy process.