_The Creative Wealth of Nations_ policy design could help them expand into both domestic and international markets. For now, the next discussion considers the movement of performing artists across borders — this may fall under Mode IV (presence of natural persons) with respect to the GATS — and the current constraints of visa permits.

# _Temporary Artist Visa_

Services are increasingly becoming a major part of global trade. Yet, in the area of trade in the performing arts-related services, evidence suggests that piracy is not going to abate any time soon and that battles to fight it may be futile. Therefore, a model that espouses live performances requires attention. In fact, these performances normally help artists to capture their income directly while also selling CDs and other related articles — in connection with culture leading and trade following, it is reasonable to see why items like t-shirts and other memorabilia (or paraphernalia) may fetch considerable revenue.

But since this involves the movement of people, this provision is loaded with challenges, with the most crucial factor being visas. The challenges of visa applications in all areas are wellknown. But in areas such as the performing arts where arrangements like bookings, advertisements and ticket sales are time sensitive, visa delays or denials can have far-reaching consequences. With respect to the United States, since 9/11, artists have had their share of visa headaches* — headaches that are not mutually exclusive from social and economic costs.

There are visas such as the United States’ O-1B for “individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry.”<sup>179</sup> Nevertheless, as the experiences above suggest, such visa categories are not enough. There is a need to explore more possibilities for artists from developing countries who may not be big names, but nonetheless play an important role in cultural exchanges, especially in the role of traditional music.

One idea is to create an Artist Visa provision akin to, say the H-2B or the H-2A temporary agricultural program. This provision “establishes a means for agricultural employers who anticipate a shortage of domestic workers to bring nonimmigrant foreign workers to the U.S. to perform agricultural labor or services of a temporary or seasonal nature.”<sup>180</sup> There would be major structural differences, however: as provided, employer’s seeking H-2As “must file an application with the [United States Department of Labor] stating that there are not sufficient workers who are able, willing, qualified, and available, and that the employment of aliens will not adversely affect the wages and working conditions of similarly employed U.S. workers.”<sup>181</sup>

> * Consider this article: Larry Rohter, “U.S. Visa Rules Deprive Stages of Performers,” _New York Times_ , April 11, 2012, accessed October 29, 2014, http://www.nytimes.com/2012/04/11/arts/us-visa-rules-frustrate-foreign- <u>performers.html?pagewanted=all.</u> 179 United States Citizenship and Immigration Services, Temporary Workers, “O-1 Visa: Individuals with Extraordinary Ability or Achievement,” accessed March 15, 2013,

> <u>http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=b9930b89284a3 210VgnVCM100000b92ca60aRCRD&vgnextchannel=b9930b89284a3210VgnVCM100000b92ca60aRCRD.</u>

> 180 United Sates Department of Labor, Office of the Assistant Secretary for Policy, Employment Law Guide, “Work Authorization for Non-U.S. Citizens: Temporary Agricultural Workers (H-2A Visas),” accessed July 21, 2014, http://www.dol.gov/compliance/guide/taw.htm. 181Ibid.

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