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

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