From: matthew@symphony.cc.purdue.edu (Matthew Sharp)
Newsgroups: rec.music.industrial
Subject: Re: The election
Date: 12 Nov 92 20:16:41 GMT
Organization: Purdue University

Brian Keeley writes
} In article <BxJ136.Cs2@mentor.cc.purdue.edu> sharpmn@sage.cc.purdue.edu  
(Matthew N. Sharp) writes:
} >If I wanted to go to another country to visit and make money, I 
} >would fully expect to have to go through a bit of paperwork to
} >legalize such a venture.
} >
} Matt made this bold comment once before (to me in personal
} correspondence, methinks), and I didn't get an answer to my
} objection.  Now I want to see him answer it in public.  Performers
} in the past, and in increasing numbers during the last few years
} have indeed been denied visas to perform in the U.S.  First,
} remember that we are talking a "work" visa, not just a tourist visa.
} I order to "work" (read: earn money) in the States, you have to show
} that you can do something that other American's can't, or at least
} that's the guiding principle the INS uses in making a decision.  In
} the case of musical performers, this principle is cashed out in
} terms of "artistic merit".  Say you live in Australia, and you and a
} bunch of your mates want to visit the U.S. (Don't ask me why! :-)
} According to Matt's story, all they would have to do is say that
} they are a band, get some club in LA to say that they have given
} them a gig, fill out some forms, pay a fee... and they're in; visa
} in hand.

Provided they _have_ the fee (which is around $2000, I believe)
and provided none of them have either (a) a criminal record in
their country of origin or (b) any criminal instances in the U.S.
previous to the visit in question.

}     Wrong.  It ain't that simple and the INS ain't that stupid. So
} how does the INS decide artistic merit?  Aye, there's the rub!
} Normally, its not a problem.  Elton John, Midnight Oil, etc. have
} big labels in the States pulling for them, and plus the question
} will never even come up because the folks in the INS office in
} Washington have heard of these bands, and their passports have got
} "performer's visa" stamped all over them from every country in the
} western world.  So what about acts people in Washington haven't
} heard of (say, like, LPD)?  Well, in these cases, they ask "experts"
} in the field to get a recommendation.  But who exactly?  Very
} typically they ask professional agencies, like musical unions,
} copyright clearinghouses (ASCAP, etc.), and other "professional"
} performer agencies.  And this is where the problem comes in for some
} alternative acts who don't like to play the game of copyrighting
} thier[sic] songs, joining unions and whatnot.  In the case of LPD (if I
} remember correctly, Matt should correct me if he has evidence that
} it was otherwise), the professional groups contacted for a
} recommendation basically said "we've never heard of 'em," and the
} INS promptly denied them a visa.  Of course, the question is: does
} this system judge artistic merit or artistic ideology??
}    Of course, Matt ain't all wrong.  I'm sure lot's of acts can't be
} bothered to fill out the forms, and then cry foul.  I, too, have
} little sympathy for the lazy bastards.  But Matt needs to show how
} this is the case in ALL (or even most) of the acts mentioned so far.

And it is also true that they must register with the musician's
union in the U.S.   Like it or not, that's the way it is.  The union
in this country has the power to recognize someone, or not recognize
them.  They _will_ recognize you if you register with them (ie;
fill out the form, pay the fee ... er... dues) and you will
have no problem entering the country.

It is unrealistic to expect the Federal government to allow anyone
who says they are a "musician" to have a work visa; a very coveted
item which it took my ex-SO three years to get (as a "non-musician").

I don't think (and feel free to prove me wrong) that Immigration
and Naturalization makes aesthetic judgements pertaining to the
ideology of a band wanting to play in the U.S.

The only situation I could possibly think of where this would
be true (and only technically) is that a band(x) is staunchly
opposed to unionization.  Therefore, x flatly refuses to register
with the union and thus is refused a work visa.  In a sense,
they have stood up for something which is primary in their view,
knowing full well that this stance has the consequences which it
does.  This is, in this particular case, pure rubbish.

--
                                        M a t t h e w  N.  S h a r p
                                      matthew@symphony.cc.purdue.edu
Newsgroups: rec.music.industrial,alt.rave,alt.music.alternative,rec.music.misc