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