How Does a Contemporary Classical Pianist Qualify for an O-1B?

When we think about classical music, we usually think of stodgy, boring old music that has been performed a million times. However, I recently had the opportunity to represent an artist who broke that mold.

This artist, Ms. Smith (a pseudonym), is a contemporary classical pianist. That is to say, she is a highly trained and skilled pianist who not only keeps alive the standard classical repertoire but also promotes and performs compositions of “new” music by contemporary composers. 

The term “New Music” or sometimes “Contemporary Classical Music” refers to solo, chamber and symphonic works that are being written today by living composers who seek to continue and expand upon the classical traditions we all know and love.

[Quick aside…“Contemporary Classical Music” is really an oxymoron, since “classical” technically refers to the art and compositions of a certain time period, roughly between 1750 and 1820. However, in common parlance, the term “classical” has come to mean any non-pop music of the past, so we won’t get too pedantic about the description here.]

Ms. Smith recorded and performed as a soloist at classical and contemporary classical music events and concert halls throughout the world. She recorded classical and contemporary classical music on the piano during live solo and ensemble performances and in cutting edge recording studios for special albums and events. 

It can be difficult to introduce a new piece of music to an audience that is used to hearing only the established canon of masterpieces. Ms. Smith’s unique abilities at the keyboard are invaluable to the commercial and artistic success of this music. She is able to play technically difficult and unknown compositions in a way that gives them the performance they deserve and makes them accessible to the public.

Often these are the premiere performances of new works and therefore their proper presentation to the public for the first time is critical. These are the qualities that her artistic collaborators and musical audiences find extremely important.

Ms. Smith is an award winning pianist who received numerous national and internal prizes in music competitions. Moreover, she has worked with numerous award-winning musicians who have relied upon her unique musicality and musicology to interpret their compositions into music that is enjoyable and accessible to new audiences.

The composers themselves, upon hearing Ms. Smith perform their piece for the first time, have remarked that she made their music “come alive” for them. High praise, indeed!

Though maybe not a household name, Ms. Smith has been recognized, due to her extraordinary abilities, by this generation of classical music composers and performers as a pioneer in advancing the creation of solo and chamber works of the future while having one foot securely grounded in the traditions of the past. 

As a result of her original contributions of major artistic significance, Ms. Smith has enjoyed sustained acclaim as an artist of extraordinary ability. 

We were able to show USCIS that Ms. Smith merited O-1B classification by providing evidence of:

(1) her original artistic contributions of major significance in the classical music industry;

(2) her performance in a lead, starring, or critical role for organizations or establishments with distinguished reputations; and

(3) her receipt of significantly high remuneration for her performances. 

One need not be famous to the general public in order to qualify for an O-1B. A well documented record of contributions and recognition by other influential people in the industry is sufficient for O-1B purposes.

As an agent for Ms. Smith and her various employers, we were able to assist her in the preparation and filing of one O-1B petition, which included all of her job offers, projects and commitments, thereby saving time and money for Ms. Smith and her prospective employers.

#O1B #businessimmigration #musicians #classicalmusic #pianists

Why is a Lighting Engineer an essential artist who qualifies for O-1 classification?

Ask yourself this: how many concerts would you go to if you could not see the musician performing? Half the fun in going to a concert to see Taylor Swift, for example, is to actually see Tay-Tay perform.

The Lighting Engineer for the concert guarantees that you will see Tay Tay “shake it off” because they are responsible for selecting all equipment and arranging all stage lighting required for live performances. 

The role of Lighting Engineer is essential to live performances, as they are responsible for applying their keen eye, expertise and aesthetics for design and color combinations to different settings (stages and venues) to create the most appealing look for the show and mood for the audience, who are not only paying to hear their favorite artists perform, but to also “see” them perform.

The Lighting Engineer uses their expertise with different lighting techniques, including lasers, to achieve the type of visual theme and appeal that most effectively showcases and features the performer and their music. It is a job requiring much technical know-how but also an artistic touch.

Lasers are an essential part of many stage shows

Often they are fulfilling the creative vision of the management, the performers or the producers of the show. Sometimes they are asked to create a unique look for the show themselves.

The Lighting Engineer also must become familiar with the music, the order of the songs, the movements of the performers and the staging of the entire show in order to hit lighting cues on time, but also to find the best way to enhance the mood and style of the music as it changes throughout the show.

As nearly all concerts tour different venues throughout the United States, and no two shows are ever the same, the Lighting Engineer must be able to create lighting that looks intentional and attractive and fulfills the requirements of the show, while often having to work with the differences and often limitations of some of the various venues.

In this regard, the Lighting Engineer is responsible for: selecting the required lighting equipment; designing and building bespoke lighting rigs for the tour; programming and creating automated lighting cues for the tour; overseeing the operation and direction of lighting equipment on the crowd and various performers during the tour; and prior to each performance, meeting with the house (venue) lighting crew to review the spec-sheets to ensure they have the most accurate information.

The lighting engineer has to know the music inside and out.

Which brings us to our client's success story…

In a professional career spanning more than 20 years, Mr. Jones (pseudonym) established himself as an extraordinary Lighting Engineer in the music and live entertainment industry throughout the world. Mr. Jones served as a Lighting Engineer for some of the most-well known, multiple award winning musicians in rock and pop music. 

As a result of his outstanding performance as a Lighting Engineer, Mr. Jones achieved international recognition as an artist of extraordinary ability. 

Shifts in mood are anticipated and emphasized by the Lighting Engineer

How did we do this?

We were able to show USCIS that Mr. Jones merited O-1B classification because he had evidence of: receipt of significant recognition in press; performance in a leading or critical role for organizations and establishments with distinguished reputations; his original contributions in the artist field; receipt of recognition from experts in the music and entertainment industries; and receipt of high remuneration for his services. 

We are happy to celebrate the approval of a successful O-1B petition for a Lighting Engineer who is touring in North America with prestigious musicians over the next three years.

I am grateful to have had the opportunity to work with immigration counsel to obtain an approved O-1 for our client.

#lightingengineer #o1b #musicians

The Art and Science of Architecture

By Lin Walker and Mike Pulcinella

This past weekend we had the privilege of attending a fundraising Soiree at Frank Lloyd Wright’s Fallingwater, the iconic vacation home built on a waterfall. 

In the early 1930s the department store magnate Philip Kaufmann asked the very famous modern architect, Frank Lloyd Wright, to build his family a permanent vacation residence in the woods just outside of Pittsburgh, Pennsylvania. 

Wright, who was already famous for turning his back on the compartmentalized architectural style of the Victorian era, was one of the first innovators of what would become the open plan Mid-Century Modern home that we are familiar with today. Recognized as an innovator and rule-breaker, Wright built the Kaufmann’s vacation home on top of a waterfall to coexist with the flow of the water, rather than build at the base of the waterfall where the natural feature would be visible to the inhabitants of the structure.

The house, with its daring cantilevered balconies jutting out over the rushing water (technologically innovative for the time) is sculpturally stunning. Once inside Fallingwater, you cannot see the waterfall, but you can hear it. Wright wanted the inhabitants of this modern structure to live with the waterfall rather than treat it as a pretty postcard view.

But it is the intimate nooks and crannies everywhere throughout the structure that reveal the genius of Wright. There are so many spaces, inside and out, cozy or expansive, that invite rest and contemplation. No matter whether you are inside Fallingwater, or enjoying one of its many balconies, there is a unique feeling of harmony between the structure and the environment.

Inside Fallingwater

Architecture in general is something that is close to our hearts and is a great topic for a deeper dive into O-1s, something equally near and dear to us. And architecture is one of those rare professions that is both art and science and therefore gives us the flexibility to decide what kind of O-1 Visa best suits the petitioner.

More than any other structure we’ve seen, Fallingwater embodies the practical blended with the fanciful, the functional joined with the spiritual in a way that really brings home the notion that architecture is a unique discipline that can cross over the lines of categorization when petitioning for an O-1 Visa.

Interesting details are everywhere

Because architecture embodies both art and science, that gives us the flexibility to decide whether the architect has a better chance of getting an O-1A or an O-1B petition approved. In other words, applying as a kind of engineer or scientist, in the case of the O-1A. Or would it be better to petition as an O-1B, wherein the architect is presented as an artist? For this profession, we have a choice.

Sydney Opera House - Architecture as art

Architecture as Art

To make the argument that architecture is art one can begin by emphasizing the beautiful, graceful, aesthetic and sculptural aspects of the structure. We can also talk about the “feel” or the “soul” of a place, which some would define as the “spiritual” component of a structure.

Generally speaking architecture, as opposed to engineering, is rooted more firmly in the world of artistic expression, requiring a variety of artistic expertise in addition to considerable technical building skill.

The visual, sculptural aspects of the design of buildings are easy to appreciate. The spiritual might not be as easy to define, but often when speaking of the “feeling” of a space people use words like serenity, energy, peacefulness, atmosphere and mood.

An architect who is able to evoke these emotions with their buildings is certainly operating in the world of art.

The design of this chapel is clearly intended to evoke a feeling

Very often an architect will push the artistic aspect of a structure even further and prioritize the aesthetic over the functional, creating seemingly impractical design details meant to evoke awe, wonder or contemplation, much like the flying cantilever balconies of Fallingwater or the more contemporary metallic curvilinear surfaces of the Walt Disney Concert Hall by Frank Gehry.

Cantilever balconies of Fallingwater - a technical challenge in the 1930s

Walt Disney Concert Hall - Designed by Frank Gehry

Some of the best examples of architects emphasizing the artistic over the functional to evoke a contemplative or reverent mood can be seen in designs of places of worship. With these structures the artistic and sculptural elements of designed spaces for humans to inhabit are raised to the highest level.

Bosjes Chapel, South Africa - Coetzee Steyn

Bosjes Chapel interior, South Africa - Coetzee Steyn

So taking this into account, how do we show that an architect qualifies as an artist for O-1B classification?

In order to qualify as a person of “extraordinary ability” in the arts, a beneficiary must have “sustained national or international acclaim or distinction, which USCIS defines as possessing “a high level of achievement in the field of arts, as evidenced by a degree of skill and recognition substantially above that ordinarily encountered to the extent that a person described as prominent is renowned, leading, or well-known in the field of arts.”

In our experience, some of the criteria that an architect could satisfy for O-1B classification includes, but is not limited to:

1. Evidence that the architect has achieved national or international recognition for their achievements;

2. Evidence that the architect has performed, and will perform, in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation;

3. Evidence that the architect has received significant recognition for their achievements from organizations, critics, government agencies, or other recognized experts in the field; or

4. Evidence that the architect has either commanded a high salary or will command a high salary or other substantial remuneration for services in relation to others in the field.

Bridge in Hong Kong - Architecture as science

Architecture as Science

Viewed from the purely technical side, architecture is the science of designing buildings and other structures to meet functional, technical and aesthetic requirements. It is a discipline that bridges the theory of design with the practice of construction, taking into account landscape and environmental considerations as well as naturally occurring (wood and stone) and human-made (steel and concrete) materials.

In order to qualify as an architect of “extraordinary ability” in the sciences, an individual must have “sustained national or international acclaim or distinction”, which USCIS defines as possessing a level of expertise indicating that the person is one of the small percentage who has risen to the very top of the field of endeavor.

In our experience, some of the criteria that O-1A architects typically meet include:

1. Evidence of that they received a nationally or internationally recognized prize or award for excellence in architecture, such as the Pritzker Architecture Prize, AIA Gold Medal, or American National Design Award, to name a few;

2. Evidence of their membership in architectural associations that require outstanding achievements of their members as judged by recognized national or international experts in the field, such as AIA Fellow membership;

3. Published materials in professional or major trade publications or major media about them and their architectural work;

4. Evidence of the their original architectural contributions of major significance in the field;

5. Evidence that they have written scholarly articles about architecture, that have been published in professional journals, or other major media;

6. Evidence that they have been employed in a critical or essential capacity for organizations and establishments that have a distinguished reputation; or

7. Evidence that they have either commanded a high salary or will command a high salary or other remuneration for their architectural services.

Architecture is one of those incredible fields, where accomplishments can be stunning, both artistically and technically, qualifying an individual to be extraordinary in the arts and sciences.  If you ever have an opportunity to visit Fallingwater, or any other structure created by Wright, we highly recommend doing so.

#architecture #o1B# O1A #architecturaldesign #architects

Is a Sound Engineer An Artist?

I want to celebrate the recent approval of a successful O-1B petition for a Sound Engineer who is touring in North America with several rock bands over the next three years, and use this story as a springboard to discuss a question about a certain kind of O-1B visa petition, for the behind-the-scenes artist.

(Of course all identifying details are withheld or altered for confidentiality.) 

I was contacted by this particular Sound Engineer because they were scheduled to work for several different bands. As usual, I was able to simplify the petition process for both them and their employers and worked with immigration counsel to obtain an approved O-1 for our client.

When we think of artists of extraordinary ability, usually the artists on the stage get all of the attention. But what about the people behind-the-scenes who make it possible for these artists to perform live?

While it’s often a clear case that a noteworthy band qualifies an O-1B artist visa, it’s often not as apparent to USCIS that the people behind-the-scenes also deserve O-1 status and recognition as an extraordinary artist.

So, one of the questions we had to answer for USCIS in this particular case was…

Why is the Sound Engineer considered an artist?

Who is that mysterious person in the back of the concert hall?

What would happen if you went to see your favorite musician or group perform during their stadium tour and in the middle of the concert, their microphones and the speakers stopped working? That would be awful – for the artists and the audience right?

Of course that’s an extreme example, but when we go to a live music event we want the sound to be as good as possible in every part of the venue and that is the purview of the Sound Engineer.

At a live concert, have you ever noticed a lone figure in the back of the auditorium, surrounded by technology, lit by the glow of screens and blinking lights, turning knobs and pushing faders while the musicians perform on stage?

One of the essential artists who work behind the scenes, someone we music lovers often don’t think about (unless something goes terribly wrong), is the Sound Engineer. If you have ever been to a concert where the sound was amazing and the music powerfully resonated with you, then you can thank, in part, the Sound Engineer.

Shaping the sound

By definition a Sound Engineer is responsible for selecting, assembling, operating and maintaining the technical equipment used to record, amplify, enhance, mix or reproduce sound during in-studio recordings and live-performance.

The Sound Engineer is responsible for both production (the recording of all sound in studio and at various venues/locations while on tour) and post-production (the balancing, mixing, editing and enhancing of pre-recorded audio).

For live productions, the Sound Engineer assesses the acoustics of the performance area (which can be wildly different from one venue to the next) and then assembles and operates the necessary equipment to amplify sound.

But the Sound Engineer contributes to the music in many ways that go well beyond the technical.

The Sound Engineer also consults with performers to determine their sound requirements. Monitoring the sound on stage is essential. Stage sound is separate from the sound that the audience hears. If the musicians can’t hear themselves or each other, the performance will suffer.

A quick story about my experience…

I was a professional musician for 20+ years. I recall one harrowing night of performance as an additional member of an already established band during which the monitor of my keyboards completely dropped out. I essentially had to play my parts from memory without being able to hear them at all and hope that the Sound Engineer was properly mixing my part for the live audience.

It was a nerve-wracking experience but also brought home for me the necessity of good sound on stage and the value of having a sensitive, resourceful and artistic Sound Engineer.

The Sound Engineer not only selects, positions, adjusts and operates the equipment used for amplification and recording; but they also apply artistic and aesthetic skills to achieve the determined artistic objectives.

For post-production services, the Sound Engineer is responsible for integrating (synchronization) of pre-recorded audio (dialogue, sound effects and music) with visual content; re-recording and synchronizing audio (post-synching); mixing and balancing speech, effects and music; and creating and altering sound effects. These tasks require a sensitive ear and an artistic touch.

Though there is considerable technical knowledge involved, the Sound Engineer must also have a musical sensibility that is similar to the bands they are working with. They must have an ear for music that goes well beyond the technical, as well as an ability to understand the goals and vision of the musicians and their representation.

An integral part of the presentation of the music.

For these reasons, the Sound Engineer is as much an artist as the musicians. (Many Sound Engineers are also musicians themselves.) And we were able to prove this to USCIS by satisfying three of the seven criteria as defined in the O-1B Visa Requirements.

We were able to show USCIS that our Sound Engineer merited O-1B classification because he had evidence of:

1. Performance in a leading or critical capacity for organizations or establishments with a distinguished reputation 

2. Recognition as a Sound Engineer in major media and testimonial letters from experts and internationally recognized musicians

3. Receipt of high remuneration for his services.

A Sound Engineer is an artist, able to make or break a band, contribute to their sound and influence its success. A well structured O-1B petition makes it easy for the USCIS officer to understand the sometimes overlooked nature of what a Sound Engineer does and how they too, although behind the scenes, quality as an artist for O-1B purposes.

#soundengineer #o1b #musicians

When Good Petitions Go Bad: Five Common O-1 Visa Mistakes and How to Avoid Them

The O-1 visa is reserved for only the best of the best who have “achieved and sustained national or international acclaim for extraordinary ability in the sciences, arts, education, business or athletics, or individuals who have demonstrated a record of extraordinary achievement in the motion picture and television industries.”

Filing an O-1 means you are in lofty company, but even if you have the level of achievement and recognition in your field required by the O-1 criteria, there are several mistakes we see too often that can hamper even the strongest petitions.

Here are five things that can result in USCIS rejecting or denying a strong O-1 petition or issuing a Request for Evidence (RFE):

1. Not following USCIS Instructions

I know this may seem basic, but you’d be surprised how many times simply not reading the directions and making simple mistakes on the USCIS forms has led to the rejection of an O-1 petition, issuance of an RFE or denial of an otherwise strong petition.

Be sure you are using the correct edition or version of the form.

Read the directions and double check basic information. We’ve seen mistakes in the filing address more often than you would think. An error like that can result in the petition being rejected.

This is also true with the filing fees. Make sure you have included the proper filing fee and that the check is payable to the appropriate entity.

2. Inadequate or sloppy documentation

No matter how much critical acclaim, notoriety, and achievements in your field you have accrued, if you can’t present all of it in a comprehensive and organized way to USCIS it won’t matter.

A detailed and well-organized library of articles, reviews of your work, awards, exhibit or concert announcements, contracts and evidence of compensation stretching back over several years is an absolute necessity.

If you haven’t started a Google Drive or Dropbox folder for your O-1 evidence yet, start now! Separate your evidence into clearly named folders. When the time comes to forward your evidence of achievement to your immigration attorney preparing the petition, you will be glad you did.

The purpose of such thoughtful organization is to make it easy for USCIS to approve your O-1 petition.

In addition, many petitions are hampered by failing to get the required advisory opinions, sometimes called consultation letters or peer letters. These are letters written by those in your peer group or labor organization attesting to your excellence in your field.

If there are no peer groups or labor organizations in your particular field, your immigration attorney can advise you on how to find qualified signatories who meet the proper criteria.

3. Watch your language!

The USCIS officers reviewing your case most likely do not speak your language. If your articles, reviews and other documentation are in something other than English, obtain good translations of all the material.

If the officer can’t read it, the evidence is useless.

4. Not having a clearly defined itinerary

If you will be working for multiple employers during your O-1 stay you must include an itinerary with the start and end dates and locations of the various jobs.

The itinerary cannot be vague, there cannot be large gaps in the work schedule, it must include details of all of the engagements, and each job must be accompanied by a signed contract or deal memo from each employer.

USCIS does take into account the standards for each industry and will allow some flexibility for how detailed the itinerary must be. For instance a musician may have gaps of several weeks or months between performances in order to: (1) travel to different locations; (2) promote the album or tour; (3) practice with new musicians or performers; and/or (4)  record their album in a studio. However, gaps of several months between jobs for a photographer would most likely be challenged by USCIS.

But generally speaking, it’s best to include a contract or letter for each event on the itinerary. An unclear or incomplete itinerary can risk the failure of a petition.

5. Trying to manage multiple employers without an agent

If you are planning to work for multiple employers in O-1 status, without using an immigration agent, then you will need to prepare and file a separate petition for each employer. Managing the various forms and fees for all of them can get complicated and expensive for both you and the employers.

An immigration agent can make this process as smooth and economical as possible. By representing the O-1 and their multiple employers, an immigration  agent can consolidate the paperwork while  also reducing the costs and filing fees.



Don’t let these basic mistakes ruin your chances of getting your O-1 petition approved. Contact The Pulcinella Agency today if you have any questions about your particular situation.

How do I get people to listen to my music?

There’s a young musician that goes by the name of Venus Theory, also known simply as Cameron, who creates video essays about the act of creating music. Many of them are practical tips on technology, practice, performance and recording, along with ruminations on the state of mind of an artist.

However there several videos he posted recently that have taken a more introspective turn, lamenting the state of Spotify playlists in which all the songs seem to follow a certain pop formula and posing questions that have always plagued musicians…

Why is music starting to all sound the same?

And…

How do I get people to listen to my music?

I’ll address the first question with observations from my personal experience. The second question is of special importance to those artists seeking O-1 visas. At the end of the blog, I’ll present some ideas to help get your music heard by more people.

I was a professional musician (keyboards and vocals) for 20 years in the 80s and 90s, and I’ve been an avid lover of music my whole life. I’ve heard many variations of the first complaint, “Today’s music sounds all the same!” in every decade, through every style of music, blaming whatever technology at the time was pervasive.

Beginning in the 1950's, radio began to be blamed for making music homogenous with repetitive playlists (sound familiar?), hammering the same 40 songs into the heads of the listening public along with blatant bribery that helped certain songs and artists get more airtime than others. (The “Payola” scandal.)

In the early 1960s DJ Alan Freed plead guilty to bribery

Throughout my life record executives have also been blamed for being reluctant to take risks on new artists and only signing acts that were carbon copies of the flavor of the moment.

And then it was the chain record stores in the malls across the country. They were to blame for all stocking the same CDs, destroying the mom-and-pop record stores and contributing to the “bland-ification” of America.

Today, as Venus Theory claims, the villain is streaming services like Spotify and the difficulty of getting new music onto playlists.

The truth is, all those things are responsible for music eventually sounding very same-y. It’s all part of a cycle.

It goes like this…

A few innovative underground musicians break out and establish a new style. The style becomes popular, people want more. Other struggling underground artists who were already experimenting with the new sound get their opportunity to be heard. The music goes mainstream, younger musicians begin to imitate it order to get a record deal (or get on a Spotify playlist).

Some even get pigeonholed into a style they never wanted to be a part of. (See Elvis Costello’s old interviews in the 80s about being lumped in with the “New Wave”. He hated that!)

Eventually the public gets tired of the same thing over and over, of course, and the door starts to creak open to allow for a new movement. Record execs begin looking for the “next big thing” and the entire process repeats itself.

I witnessed this phenomenon over and over during in my life, starting with Rock and Roll in the 50s, Hard Rock and Psychedelia in 60s, then came Soft Rock, New Wave, Rap, Hip Hop, Grunge, etc. One by one what were once exciting, edgy, innovative new forms of music were copied and co-opted by commercial pressures.

It's interesting to note that a reaction to this process of the over-commercialization of music was voiced loudly by fans of Alternative music. As Alternative music radio stations popped up across America and the music became increasingly imitated, watered down, and ubiquitous throughout the 1990s, early adopters of the music began wearing t-shirts proclaiming, “Alternative to WHAT??”

It's not the technology that’s entirely to blame, although technology certainly exacerbates the situation. In a way, this cycle of innovation, commercialization, imitation and stagnation is really just human nature. It’s the natural cycle of the creation, evolution and dissemination of many kinds of art, technology and culture.

So one way to look at Venus Theory’s observation is not as a negative, but as an opportunity. Encroaching sameness in music can be seen as a positive sign that a change is ripe. As fans of music start to get bored with the same old thing they are primed for a new sound.

And that new sound could be yours!

So how do you get your music heard in the modern streaming era? It's always been hard to get new music heard in every era and although new technology is presenting new challenges it also presents new opportunities.

Here are some strategies for musicians to get their work heard in 2023.

1. Post on YouTube, Soundcloud and Bandcamp

I know this sounds a little basic, but these platforms are still viable way to captivate an audience. Just because Spotify is dominating right now doesn’t mean that it’s the only game in town.

YouTube: YouTube is one of the most searched platforms by people looking for all kinds of things, including music. Charlie Puth, Tori Kelly (who was rejected on American Idol), The Weeknd, Ed Sheeran and of course the biggest YouTube success story of all, Justin Beiber, were all discovered by posting their music on YouTube and have now become top selling artists.

Once monetized, a YouTube channel can make money. Unlike Spotify, YouTube does not rely primarily on advertising to subsidize creators. Therefore, it doesn't require artists to participate in promotions or giveaways in order to maximize earnings. Instead, YouTube splits ad revenue 50-50 with artists after deducting necessary processing fees.

Soundcloud: Post Malone, Lana Del Rey and Billie Eilish were all discovered on Soundcloud.

In April 2021, SoundCloud launched its industry-first ‘Fan-Powered Royalties’ platform – its own branding of the user-centric streaming payment model.

This method of monetization sees royalties from each individual subscriber’s monthly payment distributed only amongst the artists they listen to.

That’s opposed to the more typical ‘big pot’ or ‘pro rata’ streaming royalties model – adopted by the likes of Spotify – which sees all royalty revenue paid/generated by users centrally pooled by a service, before being shared on the basis of artist market share across an entire platform.

Bandcamp: Bandcamp is a privately owned platform that features musicians dissatisfied with how little Spotify and iTunes pays in royalties. Where Spotify has revenue streams dependent on ads and data, Bandcamp operates on a simple revenue share with artists and collects no information on its users.

There are lots of way to discover new music on Bandcamp. You can stream for free and as soon as you find something you really like you can download it for a reasonable price. (You can tip them too, which I like to do.)

Let me take a minute at this point to spread the word about one of my favorite young bands.

The duo of astounding drummer Louis Cole and the ethereal voice of Genevieve Ardati call themselves KNOWER. They gather around them amazing musicians for their funk/jazz/pop/avante garde explorations. I listen to their new releases on Bandcamp and buy the music there.

However, I discovered them on YouTube where they post quirky home made “no-budget” videos like this one with 6.8 million views…

If it wasn’t for their weird and funny videos on YouTube, I probably would not have discovered this band.

Audius and others: There are new platforms being created for the more equitable dissemination of music. Venus Theory also posts his work on Audius which is a “…decentralized music streaming platform for fans and creators. Artists can host their music on the platform for free and start generating revenue on their work — no handshakes or record label deals required.”

The point is, the middleman is long gone. In my day (quick old man rant) before the internet, you had to send your recordings to record executives to sit in a pile on someone’s desk only to be eventually tossed in the trash can without any acknowledgement of any kind that anyone ever listened.

Today there is a direct link from the creator to the audience, not only for them to hear your music but also giving your audience the ability to give feedback. It’s a great time for artists and musicians to have a voice, but it’s not the only way to establish your credentials for an eventual O-1 visa.

2. Critique the Music of Others

Start a blog in which you display your expertise by writing critical reviews of the work of other artists you admire. Ask collaborators to do the same for you. Talk about your process of writing, playing and recording. Explain the deeper reasons why you are compelled to write music.

This is one of many ways to establish yourself as an authority in your field, beyond the making of music, which is a very important aspect of assembling evidence for an O-1 petition.

3. Collaborate With Other Artists

Reach out to other artists and suggest collaborations. Not just musicians, reach out to visual artists of all kinds.

Offer to score the work of young filmmakers who also desire greater exposure. Share their work on your accounts.

Create an ambient soundtrack for a live or virtual gallery exhibition.

Write music for dancers.

Sharing audiences with other creators can greatly increase the reach and following of both you and your collaborators.

4.  Volunteer with School Music Programs

Volunteer with music programs at colleges/universities and community orchestras to mentor newer musicians, teach composition or technique. Teaching a subject or craft will enable you to strengthen your own skills and may help you to discover new ideas, skills or thoughts about your performances.

In addition, this will help you to find new collaboration partners or may inspire you to take a completely different music path.

Moreover, teaching newer/younger musicians will help you to establish yourself as an expert in the field.

It’s interesting to note that Venus Theory is doing all of these things already, and more. In the description of his YouTube videos, he includes links to his website, Bandcamp, Twitter, Instagram, Soundcloud, Audius and VK accounts.

He has collaborated with Ben Jordan, a filmmaker and science writer, on a beautiful, ethereal video that I suggest you check out. It’s a great combination of Cameron’s powerful, floating soundscapes with Ben’s hauntingly beautiful images, expertly shot and edited.

He collaborates with technology companies, creating video reviews and tips videos for a vast array of music hardware and software.

And yet he gets discouraged at times, as we all do, posting a video recently with the title, “Why make music when nobody cares?”

I understand the frustration. If Cameron is not seeing the same kind of views and following that other musicians have, it’s certainly not from lack of trying. In fact, I suggest you Google Venus Theory to see how many ways Cameron promotes himself and his music; there’s much more than I am able to list here. His efforts are a lesson in social media diversification.

I think the main reason that he doesn’t get pop music numbers is because his music is not pop music. As Venus Theory, Cameron creates what is often described as soundscapes, soundtracks or ambient music. It’s very well done, but not the kind of thing you crank up in the car while driving to the beach, hence not the kind of thing that usually ends up on playlists of popular songs.

His music has a more limited appeal than the music on Spotify playlists these days. Cameron may have to come to terms with that, and he may acknowledge that he does understand his limited appeal somewhere in his prolific library of videos. (Full disclosure, I haven’t watched them all.) But that doesn’t mean he can’t have a good, satisfying career in music and he seems to be on the way to accomplishing that.

There has never been a time when it was easy to make a living at music. Most musicians I have known have to do much more to survive, teaching music, playing in wedding bands and holding down non-musical jobs to make ends meet.

Even though the opportunities for amassing a following for your music online are nearly unlimited today, there is still tough competition, and it is as difficult as it ever was to make a living as a composer or performer of original music, but not impossible.

And I suppose that would be my ultimate message to young musicians like Venus Theory, and especially musicians who want to establish a career that would enable them to come to the USA to work; don’t get discouraged and don’t give up.

Use every avenue possible.

Start today.

Be prolific.

And save copies of everything for your eventual O-1 visa. When the time comes, having a database of your accomplishments can go a long way to reducing the difficulty of filing your petition.

CONCLUSION

To qualify for an O-1 Artis of Extraordinary Ability you need to establish your art and yourself as an artist of distinction but also as an expert in your art space and someone who makes an impact in the art world.

We live in an amazing time. The internet gives us ample opportunities for finding an audience. We need to be creative and exploit every avenue we can.

Would M.C. Escher Qualify for an O-1 Visa?

What if the innovative graphic designer M.C. Escher applied for an O-1 visa? Under which criteria would he qualify?

Whether or not you are familiar with his name, you are certainly familiar with his work.

M.C. Escher’s mind blowing drawings and etchings that play with perspective and perception are incredibly well known and exist at an iconic level of pop culture recognition most artists only dream of.

Maurits Cornelius Escher was born June 17th, 1898 in Leeuwarden, Netherlands.

At first the young Escher wanted to be an architect, but after completing school he travelled through Italy and fell in love with drawing the countryside, making sketches for what would later become his first lithographs, woodcuts and wood engravings. Some of those elements would appear in his later “impossible” art, such as the background of “Waterfall” from 1961.

In 1923, at the time of his first exhibition in the “Circolo Artistico Senese” in Siena, Escher’s work was mostly realistic. He created landscapes, portraits, seascapes and still lifes that showed a growing mastery of drawing and printmaking, but is a far cry from the mystical, magical M.C. Escher we know today.

After leaving Italy in 1936, Escher began to experiment with altered reality and pattern metamorphosis, something he called “mental imagery”, throughout WW II. By the 1950s he was successful enough to be featured with several other prominent graphic artists in an exhibition in Antwerp, Belgium.

Day and Night - 1938

This exposure of his now burgeoning and increasingly unique style led to articles in an English art magazine “The Studio” and articles in both Time and Life magazines.

If he were alive and applying for an O-1 visa how would Escher qualify as an O-1B artist of extraordinary ability?

To start with, let’s remember how USCIS defines the O-1B standard…

“Extraordinary ability in the field of arts means distinction. Distinction means a high level of achievement in the field of arts evidenced by a degree of skill and recognition substantially above that ordinarily encountered to the extent that a person described as prominent is renowned, leading, or well-known in the field of arts.”

Throughout the 1950s Escher and his work became more and more popular. He gave lectures around the world. He received the Order of Oranje Nassau in 1955.

Finally, in 1968 at the Haags Gemeentemuseum (now Kunstmuseum Den Haag), Escher’s first retrospective exhibition was held in honor of his 70th birthday.

In 1955, M.C. Escher was knighted and he was awarded the city of Hilversum’s Culture Prize in 1965.

In 1967 he received a royal distinction again.

As a result of his influence on graphic arts, it is clear that M.C. Escher established himself as an artist of distinction “substantially above that ordinarily encountered”.

So how do we prove this for an O-1? We have 6 criteria. And we only need to show that 3 of those alternate criteria apply.

We believe Escher would have been able to satisfy the following three alternate criteria:

(1) Evidence that the beneficiary has achieved national or international recognition for achievements, as evidenced by critical reviews or other published materials by or about the beneficiary in major newspapers, trade journals, magazines, or other publications.

In 1958 he was featured in Time magazine once again and had his first important exhibition in Washington D.C.

In 1961, the well renowned art historian E.H. Gombrich wrote about Escher’s work in the Saturday Evening Post.

These are just amongst two of the many published articles and features about Escher and his artistry.

Hand with Reflecting Sphere - 1935

 (2) Evidence the beneficiary has received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field in which the beneficiary is engaged. Such testimonials must be in a form which clearly indicates the author's authority, expertise, and knowledge of the beneficiary's achievements

Although it took the industry quite a while to recognize his genius, Escher was revered by artists and critics in his field and his works were frequently celebrated through exhibitions.

Escher’s works were exhibited in some of the most celebrated exhibitions and prestigious galleries throughout the world, including: the National Gallery of Art Washington D.C. in the United States and the Haags Gemeentemuseum (now Kunstmuseum Den Haag), in the Hague, Netherlands.

There is no doubt that Escher would have been able to obtain testimonials from the world’s foremost art critics, professors, patrons and gallery owners who would have confirmed Escher’s significant contributions to the field of graphic arts.

Union Band - 1956

(3) Evidence that the beneficiary has a record of major commercial or critically acclaimed successes, as evidenced by such indicators as title, rating, standing in the field, box office receipts, motion pictures or television ratings, and other occupational achievements reported in trade journals, major newspapers, or other publications

Escher’s work entered into pop culture prominence by being featured on several pop and rock album covers throughout the 60s, 70s and 80s and even into the 2000s.

His work has been so influential that both Austria and the Netherlands have issued postage stamps commemorating the artist and his work.

In addition, his exhibitions received significant critical acclaim and were viewed by thousands of prominent artists, art students, art professors and patrons of the arts, as well as his fans in the general public.

Conclusion

M.C Esher’s ability to create works of art that master perspective and dimension, reality and fantasy, make him one of the greatest graphic artists of all time. His impact on the world of fine art and commercial art, as well as achieving a unique place in the pop culture pantheon makes M.C. Escher an exceptional artist of distinction.

Why hire an immigration agent for your O-1 Visa?

The process artists, entertainers, and athletes must undergo to obtain an O-1 visa can seem daunting.

And I won’t lie to you, it can be difficult. You do have to prove that you have achieved a high degree of stature in your field. It’s not for everyone.

But if you think an O-1 is within your reach, and you intend to work for several employers or engage in multiple events while in the United States, having an agent petitioner can be an essential way to overcome the challenges of filing multiple O-1 petitions for multiple jobs for the same validity period.

Here's a good example…

If you are a music photographer and plan to shoot live concert images for various bands, editorial day-in-the-life images of the musicians for online or print magazines, and studio portraits for a recording company during the course of three years, you will be working for several different employers and different events.

Each of these employers usually would need to file a separate O-1 petition. You can imagine how complex and expensive that can get.

By using an agent as the petitioner, the artist and their employers agree that the agent is authorized to act for the limited purpose of filing a single petition for all of these jobs (events/employers). The process becomes simplified.

Moreover, by using the agent as a petitioner, there is only one filing fee paid to USCIS and one consultation/advisory opinion required for all of these events and employers.

That’s a HUGE savings of time and money!

Agents for immigration perform a valuable service for artists, scientists, athletes and educators who are facing the prospect of working for multiple employers during their authorized stay in the USA.

Reach out to me if you have any questions about filing O and P nonimmigrant visas for you.

Top 5 Tips for Artists Considering O-1 Status

The three-year renewable O-1 visa is a great option for many accomplished artists to consider if they want to work in the United States.

However, gathering the information necessary to file the petition can be tedious. Especially if you wait till the last minute.

That’s why we recommend that O-1 artists start as soon as possible to compile a library of evidence which can be easily referenced when it comes time to file the petition.

If you have not yet achieved the status in your field to qualify for an O-1 petition, it’s still a great time to begin working toward that goal.

So here are the top 5 tips for any artist to follow when it comes to preparing for an O-1.

1. Don’t Burn Bridges

To apply for an O-1 visa you will need testimonial letters from people you worked for and worked with.

Needless to say, maintaining networks is important for any artist, but especially when applying for an O-1. You are going to need to call in favors. Staying on good terms with those you have worked with is essential.

I know sometimes things can get contentious when working on creative projects, but always strive to remain professional and keep in touch with co-workers and supervisors as well as the employer after the project is done.

2. Document Your Work As You Go Along

Save the work and as much information about each project as you can in Google Drive or Dropbox folders. Do it while you are working on the job or immediately after it is complete.

Who was the job for?

What were the specific things you did on the project?

What was the purpose and the outcome of the project?

Who worked with you on the project?

Time passes and memories fade. All of this information will be extremely valuable when it comes time to provide information for your visa.

Start doing this today.

My bodybuilding documentary was rediscovered and added many more views in the past few years.

3. Follow Up

Track what happens with your work over time.

How is the project received by the media, by peers, by critics and by the public?

What is the initial reaction to the project and what is the reaction over time? I’ve had documentary videos I’ve made do well for a while, lie dormant and then suddenly spring back to life with views as it gets rediscovered and shared. Check back into old projects, see how the public is responding to your past work as well as your current work.

You are looking for documentation of awards, good reviews, articles and other publicity that shows that your work is getting noticed, and ideally, having a positive influence on the industry as a whole.

Save it all in your Dropbox folders.

4. Be Innovative

Find alternate ways to showcase your art. Don’t do what everyone else is doing.

Have your work exhibited in group exhibitions and at special events. This can include physical exhibitions in museums and at galleries, and also at online exhibitions/galleries.

License your work.

Collaborate with other artists.

Write scholarly or artistic criticisms of art that is published in industry media and online.

5. Be Proactive – Onscreen and Off

Find as many ways as you can to get your art and your name out there. There is a lot of competition for eyeballs on social media so posting to the various platforms may not be enough.

Join artist-community websites and upload your work there.

Create tutorials for aspiring artists.

But also find IRL (in real life) ways to make connections. Teach classes, give lectures and talks, judge competitions.

Don’t underestimate good, old-fashioned, hand shaking, eye contact ways of exposing people to your work and your talent.

These are just some of the ways in which you can begin TODAY to prepare for your O-1 visa. Remember, the better you are prepared, the better your O-1 petition will go, either now or in the future.

Contact us if you have any questions.