Lights, Camera, Paperwork: Navigating Immigration & Entertainment Law in Hollywood

WEBVTT
00:00:01.330 --> 00:00:06.599
you I'm Keith Cooper. I'm the chair of the Beverly
00:00:06.599 --> 00:00:09.480
Hills Bar Association's entertainment law section.
00:00:09.919 --> 00:00:12.980
And today we are presenting you with Lights,
00:00:13.160 --> 00:00:16.760
Camera, Paperwork, Navigating, Immigration, and
00:00:16.760 --> 00:00:20.559
Entertainment Law. And I was mentioning to Swati
00:00:20.559 --> 00:00:22.920
in April who came up with the name. It's such
00:00:22.920 --> 00:00:24.859
a great name, because with all the glitz and
00:00:24.859 --> 00:00:27.820
the glamour of Hollywood, Lights, Camera, it's
00:00:27.820 --> 00:00:30.699
paperwork. For any entertainment law attorney,
00:00:31.039 --> 00:00:35.020
we push a lot of papers. not all that glamorous
00:00:35.020 --> 00:00:38.179
fun work, but it's a lot of paperwork. So it's
00:00:38.179 --> 00:00:40.020
a great title and I appreciate the fact they
00:00:40.020 --> 00:00:43.640
came up with that. Before we start the program
00:00:43.640 --> 00:00:46.179
today, let me just mention that the entertainment
00:00:46.179 --> 00:00:48.920
law section is sponsored by Lawyers Mutual Insurance
00:00:48.920 --> 00:00:51.359
Company. Tell you a little bit about them. They've
00:00:51.359 --> 00:00:53.780
been around for five decades. Lawyers Mutual
00:00:53.780 --> 00:00:55.600
Insurance Company has been the only California
00:00:55.600 --> 00:00:58.179
based company to continuously provide lawyers.
00:00:58.479 --> 00:01:00.780
throughout the state with professional liability
00:01:00.780 --> 00:01:03.859
insurance coverage. Their experience and expertise
00:01:03.859 --> 00:01:06.500
are complemented by the fact that they are directed
00:01:06.500 --> 00:01:09.659
by a group of dedicated lawyers. They offer special
00:01:09.659 --> 00:01:12.719
rates and competitive premiums for a wide range
00:01:12.719 --> 00:01:15.340
of practice areas, including entertainment law.
00:01:15.359 --> 00:01:18.200
You can check them out at lawyersmutual .com.
00:01:18.379 --> 00:01:21.980
But as I always do, I always mention It's one
00:01:21.980 --> 00:01:24.180
of the valuable things that they offer in addition
00:01:24.180 --> 00:01:27.079
to insurance. They have an ethics hotline similar
00:01:27.079 --> 00:01:29.640
to the California State Bar. But with the insurance
00:01:29.640 --> 00:01:32.760
company, it's very handy to have some lawyers
00:01:32.760 --> 00:01:35.750
that you could contact if you are ever. in an
00:01:35.750 --> 00:01:38.250
ethical dilemma, or have just questions about
00:01:38.250 --> 00:01:41.870
how to proceed on something that may raise ethics.
00:01:41.950 --> 00:01:44.310
They have a hotline that you could contact, speak
00:01:44.310 --> 00:01:46.849
to them ahead of time. And that is very handy,
00:01:46.909 --> 00:01:50.109
as all lawyers know, to have something like that
00:01:50.109 --> 00:01:53.010
available to you. Meantime, I'm going to introduce
00:01:53.010 --> 00:01:55.950
the speakers in no particular order, starting
00:01:55.950 --> 00:02:00.200
with Don, I'm sorry, Dr. John Zhu. Zang, he is
00:02:00.200 --> 00:02:02.739
an actor known for Masters of the Universe and
00:02:02.739 --> 00:02:05.200
The Brother's Son. He has an extensive background
00:02:05.200 --> 00:02:08.560
as a former stuntman, including Marvel's Marvel
00:02:08.560 --> 00:02:12.219
Eternals and Fast and Furious. John is a lifelong
00:02:12.219 --> 00:02:14.360
martial artist and instructor, having taught
00:02:14.360 --> 00:02:17.800
members of law enforcement, armed forces, and
00:02:17.800 --> 00:02:20.680
was formerly the psychologist for Saudi Arabia
00:02:20.680 --> 00:02:23.719
national team. And he continues to coach athletes
00:02:23.719 --> 00:02:27.199
and performers. He's also the author of The Martial
00:02:27.199 --> 00:02:30.560
Heart. Tisha Morris is an entertainment lawyer
00:02:30.560 --> 00:02:35.020
and founder of Legacy Arts Law PC. She represents
00:02:35.020 --> 00:02:38.280
creators in film, new media, and publishing.
00:02:38.439 --> 00:02:41.539
She advises on contracts, deal -making, and creative
00:02:41.539 --> 00:02:44.340
business strategy. She is the author of multiple
00:02:44.340 --> 00:02:46.599
books on creativity and personal development,
00:02:47.060 --> 00:02:49.560
including her latest release, The Screenplay
00:02:49.560 --> 00:02:52.870
Book. Tisha serves on the board of the Ojai Film
00:02:52.870 --> 00:02:55.650
Festival and is an active member of the Beverly
00:02:55.650 --> 00:02:58.469
Hills Bar Association, California Lawyers for
00:02:58.469 --> 00:03:03.099
the Arts, Provisors, and Women in Film. Next,
00:03:03.560 --> 00:03:07.520
Christine Ngo, Senior Associate, and Barry Appelman.
00:03:08.319 --> 00:03:10.460
They're at Los Angeles office. She advises clients
00:03:10.460 --> 00:03:13.219
on a broad range of U .S. business immigration
00:03:13.219 --> 00:03:16.080
matters. Her practice focuses on employment -based
00:03:16.080 --> 00:03:20.120
immigration with specialization in the EB -5
00:03:20.120 --> 00:03:23.259
immigrant investor program and immigration solutions
00:03:23.259 --> 00:03:25.080
for professionals in the sports and entertainment
00:03:25.080 --> 00:03:28.300
industry. Christy has extensive experience representing
00:03:28.300 --> 00:03:31.770
individuals, families. and businesses in a wide
00:03:31.770 --> 00:03:34.650
range of employment -based and family -based
00:03:34.650 --> 00:03:37.409
immigration matters. She advises clients ranging
00:03:37.409 --> 00:03:40.270
from startups and emerging companies to global
00:03:40.270 --> 00:03:43.370
enterprise across diverse industries, including
00:03:43.370 --> 00:03:45.729
technology, healthcare, finance, engineering,
00:03:46.409 --> 00:03:49.750
and hospitality. In addition, Christie counsels
00:03:49.750 --> 00:03:52.909
foreign investors project developers, and regional
00:03:52.909 --> 00:03:55.689
centers on all facets of the EB -5 immigrant
00:03:55.689 --> 00:03:58.590
investor program, providing strategic guidance
00:03:58.590 --> 00:04:01.789
throughout the investment and immigration process.
00:04:03.430 --> 00:04:06.090
The two leads of the panel, semi, I guess, co
00:04:06.090 --> 00:04:08.789
-moderators who came up with the title that I
00:04:08.789 --> 00:04:11.969
mentioned earlier, April Paradis is co -owner
00:04:11.969 --> 00:04:15.330
and principal attorney of Ascent Legal, APLC.
00:04:15.569 --> 00:04:19.810
She advises entrepreneurs, startups, production
00:04:19.810 --> 00:04:21.910
companies, creators, and entertainment professionals
00:04:21.910 --> 00:04:25.329
on the legal aspects of building and growing
00:04:25.329 --> 00:04:27.889
their business. Her practice spans both business
00:04:27.889 --> 00:04:30.370
and entertainment law from company formation,
00:04:30.850 --> 00:04:33.930
deal structuring, and capital raising to negotiating
00:04:33.930 --> 00:04:36.569
production talent and licensing agreement for
00:04:36.569 --> 00:04:39.730
content, spanning television, film, and podcasts,
00:04:39.870 --> 00:04:43.899
as well as advising creators and brands. on sponsorships
00:04:43.899 --> 00:04:48.399
and IP matters. Finally, we have Swati Paul Katani
00:04:48.399 --> 00:04:51.100
is the founder and principal attorney of Paul
00:04:51.100 --> 00:04:54.939
Katani Global, known as PKG, a boutique immigration
00:04:54.939 --> 00:04:57.300
law firm based in Newport Beach, California.
00:04:57.519 --> 00:05:00.689
Her practice primarily focuses on employment
00:05:00.689 --> 00:05:03.370
-based immigration, as well as some family -based
00:05:03.370 --> 00:05:06.610
immigration matters. Her clients range from an
00:05:06.610 --> 00:05:08.790
unusually diverse range of profiles, including
00:05:08.790 --> 00:05:11.730
individual founders, engineers, Latin Grammy
00:05:11.730 --> 00:05:14.410
Award -winning artists, Olympic -level athletes,
00:05:14.889 --> 00:05:18.350
tattoo artists, executives, veterinarians, software
00:05:18.350 --> 00:05:21.670
engineers, among others. And with that, I'm going
00:05:21.670 --> 00:05:23.990
to turn it over to Swati in April, and I hope
00:05:23.990 --> 00:05:28.069
everybody enjoys the presentation today. Thank
00:05:28.069 --> 00:05:30.370
you so much, Keith, for that wonderful introduction.
00:05:30.750 --> 00:05:32.970
Good afternoon, everyone, and welcome to Lights,
00:05:33.230 --> 00:05:36.509
Camera, Paperwork, Navigating Immigration and
00:05:36.509 --> 00:05:40.230
Entertainment Law in Hollywood. So here's why
00:05:40.230 --> 00:05:43.769
we put this panel together. Hollywood has always
00:05:43.769 --> 00:05:46.990
been a global industry. The actors from Soul,
00:05:47.389 --> 00:05:50.300
the production designer from London. the cinematographer
00:05:50.300 --> 00:05:54.120
from Mexico City. International talent is part
00:05:54.120 --> 00:05:56.519
of the business model. But when that talent works
00:05:56.519 --> 00:05:59.879
on a U .S. production, two legal systems collide.
00:06:00.660 --> 00:06:03.459
On one side is the entertainment deal. the offer,
00:06:03.560 --> 00:06:05.540
the negotiation, the start date, the shooting
00:06:05.540 --> 00:06:07.899
schedule, and on the other hand is the immigration
00:06:07.899 --> 00:06:11.079
process, which has its own timeline and evidence
00:06:11.079 --> 00:06:13.800
requirements and doesn't move just because a
00:06:13.800 --> 00:06:16.639
production is ready to roll. And when those two
00:06:16.639 --> 00:06:20.139
tracks don't talk to each other, things can go
00:06:20.139 --> 00:06:23.180
wrong. The start date gets pushed, a contract
00:06:23.180 --> 00:06:25.879
gets signed for the work the person isn't authorized
00:06:25.879 --> 00:06:29.100
to do, a deal falls apart at the consulate. So
00:06:29.100 --> 00:06:31.620
whichever side you practice on, the other side
00:06:31.620 --> 00:06:34.600
affects your client. And today is about getting
00:06:34.600 --> 00:06:38.819
those two tracks in sync. We'll start where every
00:06:38.819 --> 00:06:41.439
international entertainer has to start, getting
00:06:41.439 --> 00:06:44.480
through the door. So we're going to lead into
00:06:44.480 --> 00:06:46.540
a discussion with Christie, attorney Christie
00:06:46.540 --> 00:06:50.779
first. Before anyone negotiates a back end point
00:06:50.779 --> 00:06:54.139
or billing, an international artist has one basic
00:06:54.139 --> 00:06:58.500
question. Can I legally work here? A great contract
00:06:58.500 --> 00:07:01.379
is worthless if the talent can't get on set.
00:07:01.860 --> 00:07:04.339
So we'll cover the main visa options, realistic
00:07:04.339 --> 00:07:07.079
timelines, and the mistakes we often see most
00:07:07.079 --> 00:07:10.220
for actors and also the people behind the camera,
00:07:11.060 --> 00:07:13.300
like production designers, art designers, art
00:07:13.300 --> 00:07:16.259
directors, and the crew who often get overlooked.
00:07:16.459 --> 00:07:18.980
So Christy, if you don't mind, let's get started
00:07:18.980 --> 00:07:21.939
with the basics. When a production calls about
00:07:21.939 --> 00:07:24.339
a foreign talent, what's usually on the table?
00:07:24.459 --> 00:07:28.079
What types of visas are we looking at? Yeah,
00:07:28.079 --> 00:07:29.639
first off, Spotty, thank you so much for having
00:07:29.639 --> 00:07:34.079
me today. So as far as immigration or entertainment
00:07:34.079 --> 00:07:36.319
type visas, the ones we're primarily going to
00:07:36.319 --> 00:07:39.620
be working with are the O -1B visas, typically
00:07:39.620 --> 00:07:42.459
for individuals of extraordinary ability and
00:07:42.459 --> 00:07:46.160
international acclaim. We also have the P -1B.
00:07:46.199 --> 00:07:49.540
visa, which is for the internationally recognized
00:07:49.540 --> 00:07:53.100
group, you know, BTS there. You got the P2s,
00:07:53.139 --> 00:07:57.300
which apply to entertainers or artists that are
00:07:57.300 --> 00:08:01.399
under a government recognized reciprocal exchange
00:08:01.399 --> 00:08:04.430
program. So a lot more niche. we don't often
00:08:04.430 --> 00:08:07.689
see these kinds of cases. And then the P3, which
00:08:07.689 --> 00:08:10.550
is reserved for artists or entertainers that
00:08:10.550 --> 00:08:14.730
will be performing, presenting, or teaching something
00:08:14.730 --> 00:08:23.240
culturally unique. Thank you, Christy. So oftentimes
00:08:23.240 --> 00:08:25.639
many people assume that the O1s are only for
00:08:25.639 --> 00:08:28.759
the stars. Can you talk about how a production
00:08:28.759 --> 00:08:31.040
designer or an art director or individuals behind
00:08:31.040 --> 00:08:34.440
the scenes can qualify for each of the types
00:08:34.440 --> 00:08:36.240
of visas that you've discussed and what types
00:08:36.240 --> 00:08:38.720
of evidence, what does the evidence look like
00:08:38.720 --> 00:08:42.299
for each of these behind the scenes individuals
00:08:42.299 --> 00:08:46.240
as it compares to maybe an actor? Yeah, let me
00:08:46.240 --> 00:08:48.440
start off by kind of discussing the O1 and a
00:08:48.440 --> 00:08:55.019
little more depth. The O1B specifically in media
00:08:55.019 --> 00:09:00.179
production is a visa for an individual who have
00:09:00.179 --> 00:09:03.899
extraordinary ability or also looking at international
00:09:03.899 --> 00:09:08.370
acclaim. It has the broadest applicability. It
00:09:08.370 --> 00:09:12.769
can apply to artists, entertainers, actors, of
00:09:12.769 --> 00:09:16.730
course, musicians, production members, social
00:09:16.730 --> 00:09:20.429
media content creators. But it also has the highest
00:09:20.429 --> 00:09:26.330
bar of proof. So there are, USAAS has certain
00:09:26.330 --> 00:09:31.500
evidentiary. criteria to determine whether this
00:09:31.500 --> 00:09:35.720
individual will qualify for an O1B visa. Among
00:09:35.720 --> 00:09:41.159
those criteria include awards, media coverage,
00:09:41.460 --> 00:09:44.299
commercial success, critical acclaim. Generally,
00:09:44.519 --> 00:09:47.879
it's looking at is this person internationally
00:09:47.879 --> 00:09:51.480
recognized? Can we show how they have extraordinary
00:09:51.480 --> 00:09:54.919
ability? Now, some types of evidence are going
00:09:54.919 --> 00:09:58.950
to be more, I would say, are weighted more heavily
00:09:58.950 --> 00:10:02.049
than others. Like if the individual has an Emmy,
00:10:02.730 --> 00:10:07.210
a Grammy, an Oscar, it's fine. We can show that
00:10:07.210 --> 00:10:10.149
and we don't have to spend as much time on media
00:10:10.149 --> 00:10:14.169
coverage or get letters from other industry experts.
00:10:14.950 --> 00:10:18.230
But if we don't have a major award, then we really
00:10:18.230 --> 00:10:21.889
have to put a thorough partition together focusing
00:10:21.889 --> 00:10:26.600
on how this individual does qualify for that
00:10:26.600 --> 00:10:31.740
high bar of the O1B. For actors, in front of
00:10:31.740 --> 00:10:34.940
the camera, oftentimes they will have more media
00:10:34.940 --> 00:10:39.379
coverage. For people behind the scenes, the challenge
00:10:39.379 --> 00:10:43.940
is really tying their contributions to the production
00:10:43.940 --> 00:10:47.559
and showing how they are recognized in the field
00:10:47.559 --> 00:10:51.000
and in the industry. Oftentimes that does involve
00:10:51.000 --> 00:10:53.779
getting expert opinions, testimonial evidence
00:10:53.779 --> 00:10:58.950
from industry professionals. Thank you, Christy.
00:10:58.990 --> 00:11:02.009
So the key point here is that the evidence, the
00:11:02.009 --> 00:11:04.269
supporting evidence is what qualifies both the
00:11:04.269 --> 00:11:07.070
actor and the behind the scenes individuals to
00:11:07.070 --> 00:11:08.730
build around their credits, their awards and
00:11:08.730 --> 00:11:10.850
industry recognition, and not just the name that's
00:11:10.850 --> 00:11:13.590
on the poster that's being advertised. Absolutely.
00:11:14.169 --> 00:11:17.830
Thank you. So then let's talk timing since that's
00:11:17.830 --> 00:11:19.990
where immigration and the deal collide from the
00:11:19.990 --> 00:11:22.519
day a client calls What's a realistic timeline
00:11:22.519 --> 00:11:26.980
to set for someone? How far in advance does the
00:11:26.980 --> 00:11:29.360
person need to plan out their immigration matters
00:11:29.360 --> 00:11:32.740
as it relates to the production start date? OK,
00:11:32.820 --> 00:11:36.500
so that's always the issue working on as many
00:11:36.500 --> 00:11:39.779
of these types of cases. I will say, the earlier
00:11:39.779 --> 00:11:43.080
you can start the process, the better. And almost
00:11:43.080 --> 00:11:47.740
all the time, you're already too late, or you're
00:11:47.740 --> 00:11:52.539
already on a crunch time. The 01 petition, as
00:11:52.539 --> 00:11:55.399
I mentioned, has the highest burden of proof.
00:11:55.779 --> 00:11:58.799
So it can take months in order to prepare, like
00:11:58.799 --> 00:12:03.360
one or two months to prepare the necessary documentation,
00:12:04.139 --> 00:12:07.799
the testimonial evidence, and submit that to
00:12:07.799 --> 00:12:11.100
U .S. immigration. Once the petition is filed,
00:12:11.419 --> 00:12:15.480
U .S. immigration can take on the short side,
00:12:15.519 --> 00:12:18.679
up to 15 business days to adjudicate the petition.
00:12:18.980 --> 00:12:22.539
They can ask for more evidence and then it goes
00:12:22.539 --> 00:12:25.600
to the U .S. consulate. Then we have to analyze
00:12:25.600 --> 00:12:28.460
where is the individual coming from? What is
00:12:28.460 --> 00:12:32.059
their country of nationality? What is their country
00:12:32.059 --> 00:12:35.820
of residence? Because each consulate has a different
00:12:35.820 --> 00:12:40.289
visa wait time. Additionally, you know, depending
00:12:40.289 --> 00:12:42.850
on the country, some are harsher than others
00:12:42.850 --> 00:12:47.370
and may have a higher likelihood of doing extra
00:12:47.370 --> 00:12:50.250
security vetting for the individual. So those
00:12:50.250 --> 00:12:53.110
are the things that we analyze before we start
00:12:53.110 --> 00:12:55.549
out the case and give a realistic expectation
00:12:55.549 --> 00:12:59.850
to the client. The preparation time is generally
00:12:59.850 --> 00:13:02.610
the same, but the individual factors, like what
00:13:02.610 --> 00:13:04.610
is the evidence that we can use? Where did they
00:13:04.610 --> 00:13:08.129
need to go to get their visa? That changes per
00:13:08.129 --> 00:13:12.070
person. Amazing. Thank you so much. So what are
00:13:12.070 --> 00:13:14.990
some of the most common reasons a visa petition
00:13:14.990 --> 00:13:18.070
gets delayed or denied for entertainers? And
00:13:18.070 --> 00:13:22.250
how can that risk be minimized? So I would say
00:13:22.250 --> 00:13:25.450
a common one could be potential requests for
00:13:25.450 --> 00:13:28.870
evidence from US immigration. Nowadays, we are
00:13:28.870 --> 00:13:33.110
seeing higher scrutiny for O -1 petitions and
00:13:33.110 --> 00:13:35.809
generally just all types of visa petitions. And
00:13:35.809 --> 00:13:39.940
frankly, If we request that USCAS, what is called
00:13:39.940 --> 00:13:42.360
premium processing, process the case, meaning
00:13:42.360 --> 00:13:45.620
we pay them extra money and they promise to review
00:13:45.620 --> 00:13:48.220
the petition in a shorter amount of time, what
00:13:48.220 --> 00:13:51.139
we often seen is that USC immigration will not
00:13:51.139 --> 00:13:53.240
have enough time to review. And so they'll just
00:13:53.240 --> 00:13:56.500
issue a request for more evidence to buy time.
00:13:57.100 --> 00:13:59.019
And this person could have incredible credentials,
00:13:59.080 --> 00:14:01.620
but it doesn't matter if the person on the other
00:14:01.620 --> 00:14:04.909
end. isn't looking at it, like thoroughly looking
00:14:04.909 --> 00:14:07.629
at the petition. And so we have to take more
00:14:07.629 --> 00:14:11.090
time to still respond whether or not the request
00:14:11.090 --> 00:14:15.490
is legitimate. Additionally, like I said, it
00:14:15.490 --> 00:14:19.009
is up to the consulate on how long they take.
00:14:19.529 --> 00:14:21.850
If this is a rush production, an important production,
00:14:21.950 --> 00:14:26.350
we can request an expedite, but that is completely
00:14:26.350 --> 00:14:30.070
discretionary to the consulate. Additionally,
00:14:30.590 --> 00:14:34.789
If the individual has any sort of criminal history
00:14:34.789 --> 00:14:37.289
or criminal issues in their background, a history
00:14:37.289 --> 00:14:40.009
of immigration violations, or it could be just
00:14:40.009 --> 00:14:44.230
what country they come from, US consulate could
00:14:44.230 --> 00:14:47.110
do what is called administrative processing,
00:14:47.330 --> 00:14:49.870
meaning they take the case aside to do extra
00:14:49.870 --> 00:14:53.710
security vetting. And there is no definite time
00:14:53.710 --> 00:14:56.929
on how long that will take. It's just they'll
00:14:56.929 --> 00:14:59.919
get to it when they get to it. Thank you, Christy,
00:14:59.919 --> 00:15:03.879
for the in -depth discussion on that topic. So
00:15:03.879 --> 00:15:06.340
what happens when a shoot date moves? How much
00:15:06.340 --> 00:15:08.600
flexibility is there once the petition has already
00:15:08.600 --> 00:15:12.259
been filed? Is an individual tied specifically
00:15:12.259 --> 00:15:14.480
to a single production or if there's multiple
00:15:14.480 --> 00:15:15.960
productions that they're going to be working
00:15:15.960 --> 00:15:18.100
on? Can you talk a little bit about how that
00:15:18.100 --> 00:15:21.639
works as it relates to the O -1B? Yeah, the O
00:15:21.639 --> 00:15:23.539
-1 can be for a single production. It could be
00:15:23.539 --> 00:15:27.879
for multiple productions. That all works. I think
00:15:27.879 --> 00:15:32.029
the part that that needs to be flexible is how
00:15:32.029 --> 00:15:35.389
long the petition will be valid for. So an O
00:15:35.389 --> 00:15:38.029
-1 visa petition will be valid for typically
00:15:38.029 --> 00:15:40.389
the length of the contract or the length of the
00:15:40.389 --> 00:15:43.590
production. So if the production moves, well,
00:15:44.090 --> 00:15:48.090
then the period that we requested may need to
00:15:48.090 --> 00:15:52.190
be extended. And that just really requires an
00:15:52.190 --> 00:15:54.529
additional petition before the end of their visa
00:15:54.529 --> 00:15:57.879
period. Individuals that have to understand like
00:15:57.879 --> 00:16:00.759
that does come with extra costs come with another
00:16:00.759 --> 00:16:03.879
filing in addition to that, you know, that petition
00:16:03.879 --> 00:16:06.259
late time, but at least at that point though,
00:16:06.259 --> 00:16:09.720
they'll likely not have to deal with the visa
00:16:09.720 --> 00:16:13.720
process at the consulate. Thank you. And then
00:16:13.720 --> 00:16:15.500
lastly, what are some things that you would like
00:16:15.500 --> 00:16:18.259
entertainment attorneys to keep in mind when
00:16:18.259 --> 00:16:23.340
preparing their clients to process through these
00:16:23.340 --> 00:16:25.539
immigration applications or these petitions?
00:16:26.240 --> 00:16:30.480
Yeah, I would say be flexible, be creative, you
00:16:30.480 --> 00:16:33.960
know, like, unlike a corporate immigration case,
00:16:34.080 --> 00:16:35.679
typically, you know, you have a start date, if
00:16:35.679 --> 00:16:37.519
they have to move back their start date, whatever,
00:16:37.940 --> 00:16:39.340
you know, the company will kind of figure it
00:16:39.340 --> 00:16:42.840
out. With entertainment type visas, you miss
00:16:42.840 --> 00:16:45.379
a start date, they can't go and it doesn't happen,
00:16:45.580 --> 00:16:50.460
you know, so it's very important to be flexible,
00:16:50.460 --> 00:16:52.860
try to get this out as soon as possible. Really
00:16:52.860 --> 00:16:55.059
keep in mind what is the date that they have
00:16:55.059 --> 00:16:59.679
to be in the U .S. and work with a consulate,
00:17:00.039 --> 00:17:03.759
file your expedite request, reach out to the
00:17:03.759 --> 00:17:07.299
USCIS premium processing unit. We've been able
00:17:07.299 --> 00:17:11.940
to get USCIS to. prioritize a review of the case
00:17:11.940 --> 00:17:14.720
just by simply emailing them. So there's a lot
00:17:14.720 --> 00:17:17.640
of ways that you can work around the system to
00:17:17.640 --> 00:17:21.460
try to expedite the case. And creativity, the
00:17:21.460 --> 00:17:24.920
internet is your friend. We've had a lot of clients
00:17:24.920 --> 00:17:29.059
that this is what they say they have, but doing
00:17:29.059 --> 00:17:32.559
a little online stalking of them will show just
00:17:32.559 --> 00:17:35.440
a lot more that they didn't even think about
00:17:35.440 --> 00:17:38.880
was available to buttress. their international
00:17:38.880 --> 00:17:42.559
claim for the petition. Thank you. And I am going
00:17:42.559 --> 00:17:44.279
to address this one quick question that came
00:17:44.279 --> 00:17:47.339
into the Q &A box. Can you talk a little bit
00:17:47.339 --> 00:17:51.839
about what agency or management O -1 visas, what
00:17:51.839 --> 00:17:54.619
the difference is between the two, having an
00:17:54.619 --> 00:17:57.000
agent versus an employer on an O -1 visa, and
00:17:57.000 --> 00:18:00.059
then what's required to obtain the same? What's
00:18:00.059 --> 00:18:02.319
different between having an agent versus an employer
00:18:02.319 --> 00:18:04.799
and vice versa? That's an excellent question.
00:18:05.119 --> 00:18:08.109
So the process is somewhat different for an employer
00:18:08.109 --> 00:18:12.250
and for an agent. So with an employer -sponsored
00:18:12.250 --> 00:18:15.309
petition, you can only work for that employer.
00:18:16.309 --> 00:18:19.109
If it is a full -time permanent role, you can
00:18:19.109 --> 00:18:22.970
really only have, you must have an employer -sponsored
00:18:22.970 --> 00:18:27.099
petition. If you are a freelancer, you have multiple
00:18:27.099 --> 00:18:29.160
productions, it's better off going with an agent
00:18:29.160 --> 00:18:31.500
-sponsored petition. The agent doesn't actually
00:18:31.500 --> 00:18:35.400
have to be a talent agent or what we think of
00:18:35.400 --> 00:18:39.819
as a professional agent. It can just be a U .S.
00:18:40.099 --> 00:18:44.359
citizen who is willing to sponsor the O -1 petition
00:18:44.359 --> 00:18:48.259
for the applicant. But an agent -sponsored petition
00:18:48.259 --> 00:18:50.900
does allow this individual to work on multiple
00:18:50.900 --> 00:18:54.900
productions at the same time. Sometimes we have
00:18:54.900 --> 00:18:56.759
a situation where they kind of have both. They
00:18:56.759 --> 00:18:59.519
have one permanent full -time role, but they
00:18:59.519 --> 00:19:02.200
also want to have multiple side gigs, if you
00:19:02.200 --> 00:19:05.759
will, in which case you have to file two petitions
00:19:05.759 --> 00:19:09.079
for concurrent employment. But that's all possible.
00:19:10.049 --> 00:19:12.809
Thank you, Christy. Thanks so much. So now we're
00:19:12.809 --> 00:19:16.269
going to move over to John. You have lived this.
00:19:16.509 --> 00:19:18.650
So can you walk us a little bit through your
00:19:18.650 --> 00:19:20.670
own experiences in getting work authorization
00:19:20.670 --> 00:19:25.230
in the US? What surprised you most about the
00:19:25.230 --> 00:19:28.329
process to get your work authorization in the
00:19:28.329 --> 00:19:31.190
US? First of all, thank you so much. And Christy,
00:19:31.230 --> 00:19:34.309
that was so useful to know. Just because I was
00:19:34.309 --> 00:19:38.269
in the dark for most of this. Um, so I auditioned
00:19:38.269 --> 00:19:41.250
for, um, a role on the brother's son, which was
00:19:41.250 --> 00:19:45.250
on Netflix, uh, at the start of April. And then
00:19:45.250 --> 00:19:48.230
I booked the role at the end of April. And then
00:19:48.230 --> 00:19:50.410
I thought, great. Okay. Smooth sailing. And then
00:19:50.410 --> 00:19:53.890
I got, um, an email saying, now the visa visa
00:19:53.890 --> 00:19:58.930
process begins. I thought, okay. Okay. Um, and
00:19:58.930 --> 00:20:02.589
when I was sent the forms, I knew that They would
00:20:02.589 --> 00:20:05.049
be extensive. I knew that would be the case,
00:20:05.190 --> 00:20:08.910
but what really shocked me was the specificity
00:20:08.910 --> 00:20:13.009
of the forms of how much they needed and took
00:20:13.009 --> 00:20:15.569
to how much detail they actually needed it in.
00:20:15.569 --> 00:20:19.690
For instance, you know, where I'd lived before.
00:20:19.869 --> 00:20:23.470
the schools I went to since I was a kid with
00:20:23.470 --> 00:20:27.049
the dates and oh gosh, there was so much, it
00:20:27.049 --> 00:20:29.930
was about my employment history and having to
00:20:29.930 --> 00:20:32.730
dig out a lot of things that I'd done as a child
00:20:32.730 --> 00:20:36.750
to, you know, my early thirties was kind of crazy.
00:20:38.569 --> 00:20:42.670
And I was certainly, we were under a lot of pressure
00:20:42.670 --> 00:20:47.589
because production had already began. And thankfully,
00:20:47.650 --> 00:20:50.210
because it was a series, I was like, okay, cool.
00:20:51.130 --> 00:20:54.490
Maybe they can push back my dates a little bit,
00:20:54.849 --> 00:21:03.230
but we very nearly didn't make it. So I, you
00:21:03.230 --> 00:21:07.130
know, your life is kind of on hold really, because,
00:21:07.230 --> 00:21:11.309
you know, I remember having to... go to bed seven
00:21:11.309 --> 00:21:14.450
to eight hours later, just so that I was on LA
00:21:14.450 --> 00:21:16.990
time. So anytime they needed something from me,
00:21:17.309 --> 00:21:19.890
I could get it to them as quickly as possible.
00:21:20.170 --> 00:21:22.490
But it was the letters of recommendation that
00:21:22.490 --> 00:21:28.660
were really difficult to get. Thanks, John. That
00:21:28.660 --> 00:21:32.059
sounds very strenuous on your end. So was there
00:21:32.059 --> 00:21:35.119
ever a moment in a visa timeline that may have
00:21:35.119 --> 00:21:38.420
cost you a particular role with the production,
00:21:38.700 --> 00:21:41.920
whether it was Brothers Sons or a different production?
00:21:43.299 --> 00:21:49.920
Absolutely. So I was informed that as production
00:21:49.920 --> 00:21:52.400
had began on Brothers Sons and they wanted to
00:21:52.400 --> 00:21:55.779
get me in as soon as possible, but I can't get
00:21:55.779 --> 00:21:59.569
there until... everything sorted and um but back
00:21:59.569 --> 00:22:03.049
to the whole specificity uh element it was like
00:22:03.049 --> 00:22:05.190
with the letters of recommendation it was very
00:22:05.190 --> 00:22:09.089
much um the brother some was my first mainstream
00:22:09.089 --> 00:22:12.509
acting role but all of my previous mainstream
00:22:12.509 --> 00:22:17.230
credits were stunt credits um so when i got uh
00:22:17.230 --> 00:22:19.109
people i'd work with to write me a letter of
00:22:19.109 --> 00:22:22.910
recommendation uh it was about me as a stunt
00:22:22.910 --> 00:22:26.529
performer and about me and my character. So I
00:22:26.529 --> 00:22:29.289
did get a lot of feedback saying, we can't have
00:22:29.289 --> 00:22:31.730
that. It needs to be you specific as an actor.
00:22:31.950 --> 00:22:34.470
I thought, oh, gosh. Oh, gosh. So it's having
00:22:34.470 --> 00:22:37.470
to dig out more contacts and chase people up,
00:22:37.630 --> 00:22:40.670
getting them to amend the letters as well as
00:22:40.670 --> 00:22:43.230
finding people that I'd worked with years ago
00:22:43.230 --> 00:22:46.609
who'd since gone to win more awards. But there
00:22:46.609 --> 00:22:49.130
was definitely a lot of pressure with the timeline
00:22:49.130 --> 00:22:56.279
because the interview at the British, well, in
00:22:56.279 --> 00:23:00.099
the US Embassy in the in the London had no vacancies
00:23:00.099 --> 00:23:02.799
for interviews. So I would have had to fly to
00:23:02.799 --> 00:23:07.420
Ireland to have the interview. And as I was about
00:23:07.420 --> 00:23:11.279
to book my flights to Ireland, they told me that
00:23:11.279 --> 00:23:14.019
somebody had cancelled their London interview.
00:23:14.339 --> 00:23:15.640
I thought, oh, thank goodness, please book me
00:23:15.640 --> 00:23:20.240
in. Had it not been for that, I think we may
00:23:20.240 --> 00:23:23.380
we may have been delayed. a fair bit, and I may
00:23:23.380 --> 00:23:25.980
not have made it because Brother Son, Netflix,
00:23:26.079 --> 00:23:34.170
they wanted a local hire. Thank you. So suffice
00:23:34.170 --> 00:23:36.450
it to say there was a lot of induced anxiety
00:23:36.450 --> 00:23:40.150
through the process, yeah? Absolutely. It was
00:23:40.150 --> 00:23:43.170
very much just being in the dark, not knowing
00:23:43.170 --> 00:23:45.410
what was happening. I was saying no to a lot
00:23:45.410 --> 00:23:48.309
of other jobs because I had to prioritize this
00:23:48.309 --> 00:23:52.220
one. So your life is on hold, and you just want
00:23:52.220 --> 00:23:55.579
to make sure that any information that is requested
00:23:55.579 --> 00:23:58.740
of you, you can get it over as soon as possible.
00:23:59.220 --> 00:24:03.160
But another thing that surprised me was media
00:24:03.160 --> 00:24:04.920
coverage as well, which actually makes sense,
00:24:05.059 --> 00:24:08.140
makes a lot of sense. And because I don't have
00:24:08.140 --> 00:24:11.660
a publicist, I manage all of my publicity myself.
00:24:13.180 --> 00:24:16.059
Okay, it's finding out all these old interviews
00:24:16.059 --> 00:24:19.460
that I'd done and sending them over and gosh,
00:24:19.680 --> 00:24:23.700
it was quite shocking to see how much of you
00:24:23.700 --> 00:24:27.480
is actually on the internet as well. Nothing
00:24:27.480 --> 00:24:33.380
incriminating. I sure hope not. So that leads
00:24:33.380 --> 00:24:36.740
me to my next question. What do you wish production...
00:24:36.720 --> 00:24:39.660
reps understood better about what performers
00:24:39.660 --> 00:24:41.640
go through on the immigration side that might
00:24:41.640 --> 00:24:45.359
have helped you in your own situation? I think
00:24:45.359 --> 00:24:51.529
more communication because in all fairness, the
00:24:51.529 --> 00:24:54.549
whole process from start to finish took six weeks,
00:24:54.630 --> 00:24:57.670
which is good going. But when you have to adjust
00:24:57.670 --> 00:25:01.890
your your sleep patterns to L .A. time and your
00:25:01.890 --> 00:25:05.720
life is on hold here and I think, and you're
00:25:05.720 --> 00:25:08.259
saying no to jobs, so I think it's addressing
00:25:08.259 --> 00:25:10.880
the uncertainty. Like, can you let me know where
00:25:10.880 --> 00:25:13.839
we're at? Is there anything more that I can do?
00:25:13.940 --> 00:25:16.019
Is there anything that I can, you know, maybe
00:25:16.019 --> 00:25:19.900
not do? If my social media presence is being
00:25:19.900 --> 00:25:25.019
monitored or watched somewhat, okay, what do
00:25:25.019 --> 00:25:28.019
I need to be conscious of? So maybe some kind
00:25:28.019 --> 00:25:30.640
of media training as well. I mean, I think that
00:25:30.640 --> 00:25:34.000
would have really helped, but... I was nocturnal
00:25:34.000 --> 00:25:37.000
for the most part, so I couldn't get up to much
00:25:37.000 --> 00:25:40.279
trouble. Thank you so much, John, for sharing
00:25:40.279 --> 00:25:43.079
your experiences and what you've gone through.
00:25:43.519 --> 00:25:45.839
So once the visa process is approved, the question
00:25:45.839 --> 00:25:48.559
then becomes, what did we just agree to and when?
00:25:48.779 --> 00:25:50.440
And that's where the entertainment side comes
00:25:50.440 --> 00:25:53.240
in. So I'm going to pass it over to April and
00:25:53.240 --> 00:25:55.539
Tisha for how contract timing and immigration
00:25:55.539 --> 00:25:59.089
strategy have to work together. Sounds good.
00:25:59.089 --> 00:26:01.509
Thank you, Swati. So now that we've laid out
00:26:01.509 --> 00:26:04.809
the immigration side, I want to turn to what
00:26:04.809 --> 00:26:08.410
actually happens on the entertainment side because
00:26:08.410 --> 00:26:11.630
productions are usually negotiating deals, setting
00:26:11.630 --> 00:26:14.150
schedules while all of this is happening, right?
00:26:15.250 --> 00:26:17.809
So Tisha, thank you again for being on this panel
00:26:17.809 --> 00:26:21.569
and sharing your input. So at what point does
00:26:21.569 --> 00:26:23.789
contract negotiation, would you say typically
00:26:23.789 --> 00:26:27.990
start relative to the immigration process? parallel,
00:26:28.009 --> 00:26:31.069
or does one weight on the other? How is that
00:26:31.069 --> 00:26:34.170
process like? Yeah, thanks. Thanks for having
00:26:34.170 --> 00:26:35.849
me everyone. And thanks for everyone for watching.
00:26:35.849 --> 00:26:37.990
And if anyone's looking for a documentary topic,
00:26:38.190 --> 00:26:40.910
I think following John during his immigration
00:26:40.910 --> 00:26:46.789
papers would be great material. So to your question,
00:26:46.930 --> 00:26:50.069
April, it's important that they run parallel
00:26:50.069 --> 00:26:54.349
from what you're getting from what Christie said,
00:26:55.529 --> 00:27:00.529
the timing. Is so important and the entertainment
00:27:00.529 --> 00:27:03.450
contract actually becomes part of the evidentiary
00:27:03.450 --> 00:27:07.269
record for the process and so the communication
00:27:07.269 --> 00:27:09.170
between immigration council and entertainment
00:27:09.170 --> 00:27:14.549
council is a very collaborative. We have to work
00:27:14.549 --> 00:27:17.509
very collaboratively and so what I see is kind
00:27:17.509 --> 00:27:21.319
of the ideal. sequence of events, so to speak,
00:27:22.119 --> 00:27:25.880
is that production identifies the foreign talent
00:27:25.880 --> 00:27:30.960
and then immigration counsel kicks in with determining
00:27:30.960 --> 00:27:34.660
the classification, the timing, and the evidence
00:27:34.660 --> 00:27:37.039
requirements that are going to be needed. And
00:27:37.039 --> 00:27:40.779
then on the entertainment side, a deal memo or
00:27:40.779 --> 00:27:43.880
short form contract is negotiated between the
00:27:43.880 --> 00:27:48.160
parties. And then as the petition timing gets
00:27:48.160 --> 00:27:53.099
more clarified as the same with the production
00:27:53.099 --> 00:27:57.079
timeline as well. The long form is in negotiation
00:27:57.079 --> 00:27:59.839
and they all magically come together and the
00:27:59.839 --> 00:28:03.099
timing works out perfect. So that's kind of how
00:28:03.099 --> 00:28:06.980
I see the timing working out. I think it's a
00:28:06.980 --> 00:28:10.920
part science and a part art and a part prayer
00:28:10.920 --> 00:28:14.190
perhaps. No, definitely. And I could definitely
00:28:14.190 --> 00:28:17.789
agree with what you're saying, because as transactional
00:28:17.789 --> 00:28:22.750
attorneys, when we are dealing with foreign talent,
00:28:22.869 --> 00:28:25.109
it is so important that, like you said, they
00:28:25.109 --> 00:28:27.690
have to run in parallel. Immigration counsel
00:28:27.690 --> 00:28:31.589
and entertainment counsel both have to communicate,
00:28:31.730 --> 00:28:34.190
especially when there's different moving parts
00:28:34.190 --> 00:28:37.089
to the transaction. So definitely appreciate
00:28:37.089 --> 00:28:41.380
your input on that point. Do entertainers need
00:28:41.380 --> 00:28:44.039
to set up their own loan out company or entity?
00:28:44.180 --> 00:28:47.640
And if so, when should that happen relative to
00:28:47.640 --> 00:28:51.180
the visa process from your experience? It's certainly
00:28:51.180 --> 00:28:55.680
not required for the immigration process. And
00:28:55.680 --> 00:28:59.099
in fact, if they do, then it needs to be at the
00:28:59.099 --> 00:29:04.890
outset because the immigration papers and The
00:29:04.890 --> 00:29:07.130
the loan out company all the paperwork needs
00:29:07.130 --> 00:29:10.170
to be in the same the same names so to speak
00:29:10.170 --> 00:29:13.549
and so that needs to be determined. Probably
00:29:13.549 --> 00:29:17.089
at the probably christy can probably about probably
00:29:17.089 --> 00:29:20.930
at the very very. Beginning of what what names
00:29:20.930 --> 00:29:23.190
need to go on the paperwork i imagine they can
00:29:23.190 --> 00:29:25.430
probably be a minute i'm not quite sure on that
00:29:25.430 --> 00:29:28.670
side of things but so it's a it's more of a consideration
00:29:28.670 --> 00:29:30.690
a bigger consideration business consideration
00:29:30.690 --> 00:29:34.440
of where they're alone out company is. Is advantageous
00:29:34.440 --> 00:29:38.890
for the for the talent or not. But would you
00:29:38.890 --> 00:29:41.430
agree that it's better to get, like, immigration
00:29:41.430 --> 00:29:44.670
council involved before deciding how that company
00:29:44.670 --> 00:29:46.730
you will interact with that petition? Because
00:29:46.730 --> 00:29:48.549
sometimes from the outset, right? They know that
00:29:48.549 --> 00:29:52.509
they're going to use and a loan out company before
00:29:52.509 --> 00:29:55.509
before engaging in type of agreements that they
00:29:55.509 --> 00:30:00.250
will. Right? And so it's better to loop in an
00:30:00.250 --> 00:30:03.829
immigration attorney prior to that. Yes, 100%.
00:30:05.210 --> 00:30:08.509
Let's see what contract terms would you say are
00:30:08.509 --> 00:30:12.650
unique to foreign entertainers how do you handle
00:30:12.650 --> 00:30:16.990
terms like condition presidents termination rights
00:30:16.990 --> 00:30:22.170
pay or play force majeure and if a visa is delayed
00:30:22.170 --> 00:30:25.819
or denied. Yeah all those that you just mentioned
00:30:25.819 --> 00:30:29.720
become that much more important for conditions
00:30:29.720 --> 00:30:34.839
precedent that's. Pretty like paramount to the
00:30:34.839 --> 00:30:41.500
contract that it be conditioned on that the talent
00:30:41.500 --> 00:30:44.200
can that their petition gets approved i mean
00:30:44.200 --> 00:30:46.579
you need to specify what that condition is not
00:30:46.579 --> 00:30:49.759
just that they. they're able to you know be united
00:30:49.759 --> 00:30:52.579
states it's if their petition got approved or
00:30:52.579 --> 00:30:54.799
do you want to make it on their their actual
00:30:54.799 --> 00:30:58.599
admission into united states being very specific
00:30:58.599 --> 00:31:02.960
on what that what that is conditioned upon and
00:31:02.960 --> 00:31:05.619
very similar with with pay or play if there's
00:31:05.619 --> 00:31:09.480
a pair play provision at play then that needs
00:31:09.480 --> 00:31:14.839
to be very clear on what those triggers are and.
00:31:15.480 --> 00:31:19.619
If it falls on the talent as far as what if they
00:31:19.619 --> 00:31:22.680
if they fail to do something on their end as
00:31:22.680 --> 00:31:25.619
far as their paperwork or if it's something that
00:31:25.619 --> 00:31:28.299
fell through on the production side maybe it
00:31:28.299 --> 00:31:31.000
got postponed you know six months making things
00:31:31.000 --> 00:31:34.799
you know near impossible to pull off or with
00:31:34.799 --> 00:31:37.900
it was the government you know you can always
00:31:37.900 --> 00:31:40.279
blame the government for for things going sideways.
00:31:40.750 --> 00:31:44.210
So the pay or play provision needs to have a
00:31:44.210 --> 00:31:47.509
lot more specificity than a typical entertainment
00:31:47.509 --> 00:31:52.420
contract. And then similar with a termination,
00:31:52.759 --> 00:31:54.619
these are all considerations separate from a
00:31:54.619 --> 00:31:58.819
typical termination provision. With GPF, a strong
00:31:58.819 --> 00:32:02.440
conditions precedent provision, then the termination
00:32:02.440 --> 00:32:06.119
provision as it relates to the immigration process
00:32:06.119 --> 00:32:11.170
will not be that. Different than a typical entertainment
00:32:11.170 --> 00:32:15.490
contract, but if you want to have it instead
00:32:15.490 --> 00:32:17.069
of the conditions president have it all on the
00:32:17.069 --> 00:32:19.569
termination provision that is an option as well
00:32:19.569 --> 00:32:23.750
as a drafter to make that that choice and then
00:32:23.750 --> 00:32:29.089
also with a force majeure provision telling not.
00:32:29.390 --> 00:32:34.569
fulfilling their immigration status is not really
00:32:34.569 --> 00:32:36.829
grounds for force majeure because that is something
00:32:36.829 --> 00:32:40.509
that is foreseeable and within the party's control
00:32:40.509 --> 00:32:44.670
to an extent. What might be more applicable for
00:32:44.670 --> 00:32:46.829
force majeure that would be applicable, that
00:32:46.829 --> 00:32:49.990
would be at play perhaps would be a government
00:32:49.990 --> 00:32:53.789
border shut down or something that makes it impossible
00:32:53.789 --> 00:32:59.240
on a bigger global scale that's not specific
00:32:59.240 --> 00:33:02.660
to the parties in the agreement. So don't rely
00:33:02.660 --> 00:33:08.099
on the force majeure provision. Really hone in
00:33:08.099 --> 00:33:11.259
on the conditions precedent. And then if there's
00:33:11.259 --> 00:33:14.980
a pay or play, be super specific on what those
00:33:14.980 --> 00:33:18.339
conditions are based on. No, definitely. And
00:33:18.339 --> 00:33:20.200
something I want to emphasize from what you said
00:33:20.200 --> 00:33:23.160
is a specificity, right? In terms of how we're
00:33:23.160 --> 00:33:26.500
drafting. As transactional attorneys, our goal
00:33:26.500 --> 00:33:30.019
is always to allocate the risk in advance so
00:33:30.019 --> 00:33:32.460
everybody knows what happens in that situation,
00:33:32.480 --> 00:33:36.079
right? So even when whose fault matters, right?
00:33:36.079 --> 00:33:38.880
If the actor timely provided everything and the
00:33:38.880 --> 00:33:42.059
delay is simply processing related, that is a
00:33:42.059 --> 00:33:44.299
different situation, I would say, from where
00:33:44.299 --> 00:33:46.779
the talent failed to provide required information.
00:33:46.759 --> 00:33:49.839
Um, or waited to the last minute. So, you know,
00:33:49.960 --> 00:33:53.720
putting the burden on on who, right? Um, so thank
00:33:53.720 --> 00:33:56.460
you definitely for, um, highlighting, um, in
00:33:56.460 --> 00:33:59.799
terms of, like, drafting, um, those, um, specific
00:33:59.799 --> 00:34:02.240
provisions that we want to highlight. Which I'll
00:34:02.240 --> 00:34:05.180
just get back real quick on that. Like most contracts
00:34:05.180 --> 00:34:07.819
that's a lot of that is going to depend on leverage.
00:34:07.819 --> 00:34:11.099
Um, if it is a. Difficult to replace performer
00:34:11.099 --> 00:34:13.519
or someone who's you know, a big high profile
00:34:13.519 --> 00:34:17.239
name that the production is that is relying on
00:34:17.239 --> 00:34:20.260
then perhaps the production shoulders more of
00:34:20.260 --> 00:34:23.539
those burdens. Whereas if it is a emerging talent
00:34:23.539 --> 00:34:26.400
with less leverage, perhaps the contracts are
00:34:26.400 --> 00:34:30.460
more putting more of those burdens and on them
00:34:30.460 --> 00:34:35.820
to fulfill. Definitely in moving on to, like,
00:34:35.820 --> 00:34:38.059
another question I have, who typically bears
00:34:38.059 --> 00:34:40.760
the financial risk if a visa doesn't come through
00:34:40.760 --> 00:34:44.139
in time? Would that be on the production side
00:34:44.139 --> 00:34:47.289
or on the talent? Yeah, great question. So that
00:34:47.289 --> 00:34:49.389
piggyback or that ties into what I'm just saying.
00:34:50.590 --> 00:34:54.469
But first of all, those those specifics do need
00:34:54.469 --> 00:34:56.690
to be in the contract of who is shouldering those
00:34:56.690 --> 00:35:02.570
those not just the. The of what happens if it
00:35:02.570 --> 00:35:05.530
all falls through is that on the town or on the
00:35:05.530 --> 00:35:08.510
production, but also who is paying for those
00:35:08.510 --> 00:35:11.449
immigration costs and that really comes down
00:35:11.449 --> 00:35:13.730
to a negotiating point and then negotiating points
00:35:13.730 --> 00:35:16.690
always come down to leverage. So there is no
00:35:16.690 --> 00:35:19.610
right or wrong way to do it. It is just a negotiating
00:35:19.610 --> 00:35:24.610
point of how to how to balance out those those
00:35:24.610 --> 00:35:28.300
leverages. No, definitely. I mean, you have on
00:35:28.300 --> 00:35:31.579
the one hand, right? A production who knowingly
00:35:31.579 --> 00:35:35.440
hires international talent, chooses immigration
00:35:35.440 --> 00:35:37.980
lawyer, controls when the petition is initiated,
00:35:38.480 --> 00:35:41.340
and sets that production schedule. And then on
00:35:41.340 --> 00:35:43.760
the other hand, if the talent fails to cooperate,
00:35:43.920 --> 00:35:45.940
doesn't provide documents, or there's an issue
00:35:45.940 --> 00:35:48.619
personal to the talent, then production is going
00:35:48.619 --> 00:35:51.659
to want a different result, you know? So, yeah,
00:35:51.679 --> 00:35:53.780
like you, like you mentioned, it just depends
00:35:53.780 --> 00:35:58.360
on so like leverage has a lot of input on how
00:35:58.360 --> 00:36:03.300
it's going to play out ultimately. So if a foreign
00:36:03.300 --> 00:36:07.280
entertainer is required to participate in premieres,
00:36:07.579 --> 00:36:10.559
festivals, press junkets, should those obligations
00:36:10.559 --> 00:36:13.880
be addressed in the immigration planning as well
00:36:13.880 --> 00:36:17.769
as the contract? Yes, those are if they're part
00:36:17.769 --> 00:36:20.849
of the services that the talent will be performing
00:36:20.849 --> 00:36:24.570
or even at their discretion going to be performing
00:36:24.570 --> 00:36:28.170
then for sure and it needs to be part of the
00:36:28.170 --> 00:36:31.849
schedule the time the timing schedule that of
00:36:31.849 --> 00:36:35.050
the production sets out for you know pre -production
00:36:35.050 --> 00:36:38.389
production post -production what that timeline
00:36:38.389 --> 00:36:43.670
is so if that is included in their talent agreement
00:36:43.670 --> 00:36:48.250
then that time needs to be Somehow set forth
00:36:48.250 --> 00:36:52.150
as well now most most entertainment talent contracts
00:36:52.150 --> 00:36:56.409
will have promotional activities at the subject
00:36:56.409 --> 00:36:59.789
to professional availability. I would suggest
00:36:59.789 --> 00:37:04.809
adding subject to immigration status and authorization
00:37:04.809 --> 00:37:10.150
is also a condition for their for those types
00:37:10.150 --> 00:37:13.969
of services. So that's something that's obviously
00:37:13.969 --> 00:37:16.769
different than a most most. talent contracts.
00:37:18.110 --> 00:37:19.969
Right, and something that I've heard from other
00:37:19.969 --> 00:37:22.809
like immigration attorneys that handle this type
00:37:22.809 --> 00:37:25.429
of work, and I'm sure Christy can speak more
00:37:25.429 --> 00:37:28.670
to it, is that entertainment lawyers only tend
00:37:28.670 --> 00:37:31.750
to give only shoot dates or just bare minimum
00:37:31.750 --> 00:37:35.010
information, which makes it difficult for them
00:37:35.010 --> 00:37:38.409
to get a scope of the entirety of the production,
00:37:38.530 --> 00:37:41.110
right, the production schedule. everything that
00:37:41.110 --> 00:37:43.789
it's going to entail. So that creates more issues
00:37:43.789 --> 00:37:49.170
in the long run. And let's see another question
00:37:49.170 --> 00:37:51.730
that I have is when negotiating start dates,
00:37:52.110 --> 00:37:54.090
exclusivity periods, hold periods or other option
00:37:54.090 --> 00:37:58.250
periods, how much flexibility should entertainment
00:37:58.250 --> 00:38:01.670
council build in for possible immigration delays,
00:38:03.949 --> 00:38:10.099
probably as much as Christy lets us. Those windows
00:38:10.099 --> 00:38:14.679
are important to I mean there's it's like the
00:38:14.679 --> 00:38:19.760
Goldilocks specificity and also latitude and
00:38:19.760 --> 00:38:21.480
getting that right. So that's definitely something
00:38:21.480 --> 00:38:23.579
you that the entertainment council would want
00:38:23.579 --> 00:38:27.579
to collaborate and discuss with immigration council
00:38:27.579 --> 00:38:33.179
to get those those windows. Matching number 1
00:38:33.179 --> 00:38:37.480
and the most importantly, but also. Determining
00:38:37.480 --> 00:38:40.320
what that with that immigration window and production
00:38:40.320 --> 00:38:42.739
window and having those match up. Need to be
00:38:42.739 --> 00:38:46.300
so I think that's a collaborative decision. Obviously
00:38:46.300 --> 00:38:48.599
production production is production. They need
00:38:48.599 --> 00:38:51.960
what they need to make the make the project.
00:38:52.500 --> 00:38:55.440
So the feasible the practical feasibility, it
00:38:55.440 --> 00:39:00.130
really is a reality check for product for. production
00:39:00.130 --> 00:39:03.809
to to get these windows right so that the immigration
00:39:03.809 --> 00:39:09.719
can can align no exactly and i mean as entertainment
00:39:09.719 --> 00:39:12.679
council we're thinking about how long production
00:39:12.679 --> 00:39:16.000
can keep my client unavailable, right? Based
00:39:16.000 --> 00:39:18.139
like on what John was sharing about his experience,
00:39:18.360 --> 00:39:21.420
a 30 -day immigration delay is one thing, but
00:39:21.420 --> 00:39:23.719
an indefinite hold preventing the actor from
00:39:23.719 --> 00:39:26.800
accepting other work is another. That is often,
00:39:26.880 --> 00:39:29.000
you know, like you're living it, right? Tisha,
00:39:29.219 --> 00:39:31.380
you're working on these transactions, so you
00:39:31.380 --> 00:39:36.099
can definitely talk more about experiencing this
00:39:36.099 --> 00:39:42.090
type of experience. Can a foreign person form
00:39:42.090 --> 00:39:49.789
a U .S. production entity? Short answer, yes.
00:39:50.630 --> 00:39:52.829
So when we start talking about business entities,
00:39:53.449 --> 00:39:56.949
we go to state business formation laws, which
00:39:56.949 --> 00:39:59.389
is obviously different than federal immigration
00:39:59.389 --> 00:40:03.369
laws. And so forming an entity is outside of
00:40:03.369 --> 00:40:06.829
immigration. um in fact in California and Delaware
00:40:06.829 --> 00:40:09.289
and probably most other states um at least for
00:40:09.289 --> 00:40:13.869
an LLC it defines um a person eligible as someone
00:40:13.869 --> 00:40:16.289
domestic or foreign so it's actually explicitly
00:40:16.289 --> 00:40:19.909
um stated in in the business formation laws that
00:40:19.909 --> 00:40:22.889
um a foreign owner foreign owner can or foreign
00:40:22.889 --> 00:40:28.170
person can own um an LLC um and so that they
00:40:28.170 --> 00:40:31.269
where so forming owning investing LLC um it doesn't
00:40:31.269 --> 00:40:35.369
authorize um the person to actually work in the
00:40:35.369 --> 00:40:37.190
United States. It's when they step foot and start
00:40:37.190 --> 00:40:39.570
working in the United States when immigration
00:40:39.570 --> 00:40:41.889
kicks in. So that's an important distinction.
00:40:42.369 --> 00:40:46.369
And so you can own an LLC, but if you come to
00:40:46.369 --> 00:40:50.340
the United States to start obviously producing
00:40:50.340 --> 00:40:54.380
day -to -day operations that's when immigration
00:40:54.380 --> 00:40:58.139
kicks in. Now if you're coming to the United
00:40:58.139 --> 00:41:01.699
States for for limited business activities such
00:41:01.699 --> 00:41:05.139
as meeting with associates or attending a conference
00:41:05.139 --> 00:41:07.900
and stuff like that a business visa may need
00:41:07.900 --> 00:41:12.179
to be applied for and that's where Christy comes
00:41:12.179 --> 00:41:15.699
in. Well, thank you so much, Tisha. This was
00:41:15.699 --> 00:41:19.059
very valuable information. I'm going to turn
00:41:19.059 --> 00:41:24.480
over to John. John, you're an actor. You're living
00:41:24.480 --> 00:41:29.780
this day in and day out. As attorneys, we are
00:41:29.780 --> 00:41:34.199
advising talent constantly, but cannot imagine
00:41:34.199 --> 00:41:37.800
being in your shoes. So I want to learn more
00:41:37.800 --> 00:41:42.119
about your experience in terms of navigating
00:41:42.119 --> 00:41:45.559
this entire situation. So from the talent side,
00:41:45.659 --> 00:41:48.460
how much say do you have in your own immigration
00:41:48.460 --> 00:41:51.940
process versus how much is handled by your team?
00:41:52.940 --> 00:41:55.960
I think the only real say that I have in the
00:41:55.960 --> 00:41:59.840
whole process is what I submit in terms of the
00:41:59.840 --> 00:42:04.219
forms, the letters. But aside from that, there's
00:42:04.219 --> 00:42:08.989
not much I don't have much too much freedom here,
00:42:09.309 --> 00:42:12.449
besides what I submit. So it can be a little
00:42:12.449 --> 00:42:17.369
bit, you can feel a little bit overwhelmed with
00:42:17.369 --> 00:42:20.809
how much is required of you. And it's like, and
00:42:20.809 --> 00:42:22.409
you have to be patient as well. That's something
00:42:22.409 --> 00:42:24.289
that I'll always say to other performers. If
00:42:24.289 --> 00:42:26.289
you're applying for a visa, you need to be patient
00:42:26.289 --> 00:42:30.050
and you kind of have to trust the process. But
00:42:30.050 --> 00:42:33.050
yeah, I think just regular communication would
00:42:33.050 --> 00:42:36.349
just really... be really helpful. I work with
00:42:36.349 --> 00:42:39.650
a really great team but sometimes it would go
00:42:39.650 --> 00:42:43.210
quiet for days on end and sometimes weeks and
00:42:43.210 --> 00:42:46.070
ah and of course I'm not too sure what's happening
00:42:46.070 --> 00:42:50.329
and you're always wondering is there any more
00:42:50.329 --> 00:42:52.769
that I could do? Could I submit more things?
00:42:52.929 --> 00:42:55.630
Would that hurt my application? Maybe I'll just
00:42:55.630 --> 00:43:00.969
sit back and wait. Right and I mean I've heard
00:43:00.969 --> 00:43:04.969
that from other talent as well that Waiting and
00:43:04.969 --> 00:43:07.530
just especially right now with how immigration
00:43:07.530 --> 00:43:12.809
is right the delays and uncertainty Can really
00:43:12.809 --> 00:43:15.849
add to the anxiety and stress of the talent?
00:43:16.630 --> 00:43:19.929
I know you talked to us about a situation that
00:43:19.929 --> 00:43:22.889
you've experienced before or you were in limbo
00:43:22.889 --> 00:43:28.190
of whether or not If you're going to do the project,
00:43:28.230 --> 00:43:34.030
you were not. Can you walk us through how an
00:43:34.030 --> 00:43:38.889
immigration time? Like, basically, did you have
00:43:38.889 --> 00:43:41.489
to put off another deal that you were working
00:43:41.489 --> 00:43:46.949
on and had to take on a certain project? But
00:43:46.949 --> 00:43:49.050
you didn't know if you were actually going to
00:43:49.050 --> 00:43:51.710
be able to get the immigration process in time,
00:43:51.710 --> 00:43:54.030
and then you had to forgo other opportunities.
00:43:55.139 --> 00:43:59.679
I had to say no to quite a few opportunities,
00:44:00.320 --> 00:44:02.519
which so it meant living out of my savings for
00:44:02.519 --> 00:44:05.820
the duration of of the visa process, really.
00:44:05.820 --> 00:44:10.500
And it was there was so much uncertainty around
00:44:10.500 --> 00:44:14.139
this because, OK, I've booked the job, which
00:44:14.139 --> 00:44:18.199
is amazing, you know, but I need to actually
00:44:18.199 --> 00:44:23.210
get the visa to actually do the job. And. You
00:44:23.210 --> 00:44:25.849
know, I did say no to a fair few jobs, which
00:44:25.849 --> 00:44:27.849
could have really helped at the time. I think
00:44:27.849 --> 00:44:29.670
in retrospect, there's a couple that I could
00:44:29.670 --> 00:44:32.429
have done, but you just don't know at the time.
00:44:33.190 --> 00:44:38.329
So it's being conscious and smart with your money
00:44:38.329 --> 00:44:41.900
as well. But like I said, I work with a really
00:44:41.900 --> 00:44:44.780
fantastic team basically because I didn't have
00:44:44.780 --> 00:44:49.099
a talent agent at the time. The it was the casting
00:44:49.099 --> 00:44:52.400
department that was my intermediary with with
00:44:52.400 --> 00:44:56.340
immigration with that side of things. So they
00:44:56.340 --> 00:44:58.159
would send things to the casting department who
00:44:58.159 --> 00:45:01.659
would then send me more information and more
00:45:01.659 --> 00:45:05.159
requirements. And, you know, I did get a few
00:45:05.159 --> 00:45:09.599
non -updates saying. We don't know yet, but yeah,
00:45:09.800 --> 00:45:11.860
there were few and far between. So I think it
00:45:11.860 --> 00:45:14.059
would have been good to know more regularly where
00:45:14.059 --> 00:45:19.579
we were at. Yeah, just yeah, it was it was only
00:45:19.579 --> 00:45:23.260
six weeks, I must say, but it was a long six
00:45:23.260 --> 00:45:30.059
weeks. Well, thank you so much for sharing your
00:45:30.059 --> 00:45:34.000
perspective as the talent and going through the
00:45:34.000 --> 00:45:36.320
struggles that you go through while we're still
00:45:36.320 --> 00:45:39.739
managing the process, the contracts, and everything
00:45:39.739 --> 00:45:44.320
in between. It looks like we're up for time,
00:45:45.280 --> 00:45:49.119
so any last parting thoughts that any of the
00:45:49.119 --> 00:45:56.360
panelists would like to share? I think we go
00:45:56.360 --> 00:46:01.449
to 1 .30. Oh, I thought it was 1 15th. Yeah,
00:46:01.670 --> 00:46:04.130
we're we'll see if at least like 5 10 minutes
00:46:04.130 --> 00:46:07.369
for Q and a at the end. There is 1 thing that
00:46:07.369 --> 00:46:09.630
I did want to touch on with Christie or the deal
00:46:09.630 --> 00:46:12.989
memos and how that correlates into like the itinerary
00:46:12.989 --> 00:46:16.750
that that you're creating for the 0 1 applicant.
00:46:16.889 --> 00:46:19.449
When did the deal memos come in? How does the.
00:46:19.559 --> 00:46:21.739
How does the deal memos create the itinerary
00:46:21.739 --> 00:46:24.059
for this individual as it relates to the length
00:46:24.059 --> 00:46:26.199
of time that they're going to receive on that
00:46:26.199 --> 00:46:28.880
O -1 petition? If it's just a one -year project,
00:46:28.920 --> 00:46:31.039
do they only get that one year? Or if they have
00:46:31.039 --> 00:46:33.119
several deal memos, are they getting a full three
00:46:33.119 --> 00:46:35.139
-year period? And then can you touch a little
00:46:35.139 --> 00:46:37.940
bit on the consultations that are required for
00:46:37.940 --> 00:46:40.559
the O -1 applications if they're working under,
00:46:40.619 --> 00:46:44.280
say, SAG -AFTRA, the Producers Guild, how that
00:46:44.280 --> 00:46:47.659
plays into the application as well? Very good
00:46:47.659 --> 00:46:50.000
questions. Okay. That really gets into the nitty
00:46:50.000 --> 00:46:54.420
gritty of the 01 process and is a possible reason
00:46:54.420 --> 00:46:58.179
for delays. As far as the deal memos, typically,
00:46:58.179 --> 00:47:00.780
you can either have the actual contract or you
00:47:00.780 --> 00:47:04.039
could have the deal memo that is laying out the
00:47:04.039 --> 00:47:09.880
terms of the contract with production. We can
00:47:09.880 --> 00:47:13.460
only request the validity period as supported
00:47:13.460 --> 00:47:17.139
by the evidence, so the actual contracts or the
00:47:17.139 --> 00:47:20.699
deal memos. If the production is supposedly only
00:47:20.699 --> 00:47:23.800
one year, we can only request one year. If we
00:47:23.800 --> 00:47:26.500
have multiple productions and you have multiple
00:47:26.500 --> 00:47:28.980
deal memos, then we can request pretty much from
00:47:28.980 --> 00:47:31.760
the start of the first production all the way
00:47:31.760 --> 00:47:35.679
until the end of the last production, up to three
00:47:35.679 --> 00:47:38.539
years. The 01 can only be for a three -year period.
00:47:39.300 --> 00:47:43.420
When you extend the 01 visa, typically it's for
00:47:43.420 --> 00:47:45.840
a one -year period unless you can show that this
00:47:45.840 --> 00:47:52.599
is a new role, a new event production that they're
00:47:52.599 --> 00:47:55.139
involved in, and then you can request an additional
00:47:55.139 --> 00:47:58.239
three -year period. As far as the consultation
00:47:58.239 --> 00:48:02.320
letters, we can request those pretty much when
00:48:02.320 --> 00:48:06.320
the petition is primarily done, when we can show
00:48:06.320 --> 00:48:10.539
that they meet the threshold for the 01 eligibility.
00:48:12.119 --> 00:48:18.039
because the management organizations, the talent
00:48:18.039 --> 00:48:20.159
organization can only confirm whether or not
00:48:20.159 --> 00:48:22.800
they believe that this individual qualifies for
00:48:22.800 --> 00:48:26.800
the 01. So that's usually the last bit in the
00:48:26.800 --> 00:48:29.820
process and how long they take, who we're requesting
00:48:29.820 --> 00:48:32.260
the letter from. That's a little bit outside
00:48:32.260 --> 00:48:35.079
of our control. And that timeline does need to
00:48:35.079 --> 00:48:39.500
be considered when you look at the overall petition
00:48:39.500 --> 00:48:43.849
preparation time. Now for productions in media
00:48:43.849 --> 00:48:46.409
and in TV and media, you actually have to get
00:48:46.409 --> 00:48:49.989
two consultation letters, one from the management
00:48:49.989 --> 00:48:54.690
agency and one from the labor organization. So
00:48:54.690 --> 00:48:57.849
that's also involved with the process. Now you
00:48:57.849 --> 00:49:00.480
have two. organizations that you have to rely
00:49:00.480 --> 00:49:03.559
on to provide you the letter in time. Sometimes
00:49:03.559 --> 00:49:05.619
there are multiple organizations that you can
00:49:05.619 --> 00:49:08.119
pick and choose from. And based on your immigration
00:49:08.119 --> 00:49:09.920
attorney, they can, you know, if they've had
00:49:09.920 --> 00:49:11.619
experience, they can say, Oh, this one takes
00:49:11.619 --> 00:49:14.440
forever, or this one's a little bit faster. Oh,
00:49:14.440 --> 00:49:17.460
this one charges a lot more money. Oh, is this
00:49:17.460 --> 00:49:20.139
is the production company or whoever the employer
00:49:20.139 --> 00:49:24.039
that you're working for already a member of that
00:49:24.039 --> 00:49:26.559
organization, and we can get it for free or faster.
00:49:27.000 --> 00:49:29.360
Those are all things that It will have to be
00:49:29.360 --> 00:49:32.480
analyzed at that time. Thank you. So what I'm
00:49:32.480 --> 00:49:34.900
hearing is there needs to be substantial amount
00:49:34.900 --> 00:49:38.239
of flexibility to allow for these immigration
00:49:38.239 --> 00:49:42.000
visas to come in as approved and then allow flexibility
00:49:42.000 --> 00:49:44.159
for the applicant to go to the consulate and
00:49:44.159 --> 00:49:47.699
finally get their visa. Yes. Absolutely. I think
00:49:47.699 --> 00:49:50.480
it was asked like, what are the kind of like
00:49:50.480 --> 00:49:54.500
lasting thoughts that I have? to be transparent,
00:49:54.539 --> 00:49:57.179
and I think John can attest to this, the immigration
00:49:57.179 --> 00:50:00.960
process is going to be more complicated and frankly
00:50:00.960 --> 00:50:06.159
frustrating than you will expect. You know, especially
00:50:06.159 --> 00:50:09.019
in this immigration climate, the policies and
00:50:09.019 --> 00:50:12.059
the processes are changing fairly rapidly. And
00:50:12.059 --> 00:50:15.519
so whether you're the entertainer, whether you're
00:50:15.519 --> 00:50:17.679
part of the production crew, whether you're the
00:50:17.679 --> 00:50:22.199
attorney, we're all often having to be flexible,
00:50:22.539 --> 00:50:25.159
having to adapt to, like, hey, this new policy
00:50:25.159 --> 00:50:28.360
dropped, these new forms dropped, these consulates
00:50:28.360 --> 00:50:31.889
are now not taking any applications, you know,
00:50:31.889 --> 00:50:34.230
at the time that maybe John applied for his visa,
00:50:34.389 --> 00:50:37.409
he could go to another country, go to Ireland
00:50:37.409 --> 00:50:40.989
to apply for a visa because he can't get an appointment
00:50:40.989 --> 00:50:44.730
in the UK. That may not be an option anymore
00:50:44.730 --> 00:50:47.730
because now they can only apply for a visa in
00:50:47.730 --> 00:50:50.989
your country of nationality or residence. So
00:50:50.989 --> 00:50:54.429
these are the things that working with someone
00:50:54.429 --> 00:50:58.530
who has a lot of experience can help you navigate.
00:50:59.500 --> 00:51:02.260
And I had a question for you, Christy. Given
00:51:02.260 --> 00:51:04.960
the current climate right now, the new administration,
00:51:05.239 --> 00:51:08.380
in terms of approval rates, how many, like, have
00:51:08.380 --> 00:51:10.960
you seen it being difficult to actually have
00:51:10.960 --> 00:51:14.280
an O -1 petition approved? Is it, like, difficult,
00:51:14.280 --> 00:51:19.039
or are you seeing a lot of RFEs coming in? Okay.
00:51:19.440 --> 00:51:21.380
You know, not just your own, you know, or anything,
00:51:21.539 --> 00:51:24.639
but I haven't had any denials, knock on wood.
00:51:25.280 --> 00:51:27.800
So I think the approval rates are still fairly
00:51:27.800 --> 00:51:32.610
good, but The rates are certainly skyrocketing
00:51:32.610 --> 00:51:37.510
and this is across all immigration types. So,
00:51:38.170 --> 00:51:41.130
because the RFP, even if, like I said earlier,
00:51:41.309 --> 00:51:43.869
if the RFP is not legitimate, you still have
00:51:43.869 --> 00:51:47.630
to provide a substantive response. And that,
00:51:47.630 --> 00:51:50.530
especially if you need additional reference letters
00:51:50.530 --> 00:51:54.190
could take a lot more time in preparing the response.
00:51:55.670 --> 00:52:00.730
Thank you. All right, so we'll open it up to
00:52:00.730 --> 00:52:03.489
Tisha April or John if you guys have any closing
00:52:03.489 --> 00:52:08.309
thoughts on your specific area of expertise Things
00:52:08.309 --> 00:52:10.469
that you wish people understood a little bit
00:52:10.469 --> 00:52:13.630
better John as it relates on the actors part
00:52:13.630 --> 00:52:16.250
or the performers part Tisha April as it relates
00:52:16.250 --> 00:52:19.369
to the entertainment as the entertainment attorneys
00:52:19.369 --> 00:52:23.250
part In collaboration with the immigration side.
00:52:23.250 --> 00:52:26.239
Go ahead. The floor is yours Yeah, I'll just
00:52:26.239 --> 00:52:29.820
add real quick that You know you can't rely on
00:52:29.820 --> 00:52:35.360
just a template a talent template because of
00:52:35.360 --> 00:52:38.280
so many of the specifics have to be well specific
00:52:38.280 --> 00:52:41.679
and so even with with pre -production activity
00:52:41.679 --> 00:52:44.699
number one you can't require the talent to be
00:52:44.699 --> 00:52:49.579
on camera unless until their authorization is
00:52:49.579 --> 00:52:51.780
approved and that needs to be really explicit
00:52:51.780 --> 00:52:55.409
in the contract but. things the typical things
00:52:55.409 --> 00:52:57.329
that you kind of take for granted of wardrobe
00:52:57.329 --> 00:52:59.769
fittings or you know the pre -production activities
00:52:59.769 --> 00:53:03.949
those need to be timed out with um with specificity
00:53:03.949 --> 00:53:07.449
and a lot of productions kind of take those dates
00:53:07.449 --> 00:53:10.710
for granted and they can't when you have a foreign
00:53:10.710 --> 00:53:14.489
talent so pre -production dates production dates
00:53:14.489 --> 00:53:17.349
post -production dates need to be need to be
00:53:17.349 --> 00:53:22.380
really ironed out. I would say going off a little
00:53:22.380 --> 00:53:25.619
bit of what Tisha said, I would leave everyone
00:53:25.619 --> 00:53:28.719
with is that immigration and entertainment contracts
00:53:28.719 --> 00:53:30.739
cannot be treated as separate conversations.
00:53:31.420 --> 00:53:34.039
The immigration process determines what an artist
00:53:34.039 --> 00:53:36.360
may be able to do and the entertainment agreement
00:53:36.360 --> 00:53:39.699
determines the business expectations around the
00:53:39.699 --> 00:53:41.500
work, right? The scope of the work, what will
00:53:41.500 --> 00:53:45.320
they be doing? If those two pieces are not coordinated
00:53:45.320 --> 00:53:48.519
early on, you can have a great deal that the
00:53:48.519 --> 00:53:52.599
artist cannot ultimately perform due to immigration
00:53:52.599 --> 00:53:55.880
issues, right? So the best outcome I believe
00:53:55.880 --> 00:53:58.320
happens when immigration council, entertainment
00:53:58.320 --> 00:54:00.179
council, the talent and the production team are
00:54:00.179 --> 00:54:05.159
all communicating from the beginning. Thank you
00:54:05.159 --> 00:54:08.579
so much, everyone. I'm going to go over into
00:54:08.579 --> 00:54:12.039
the Q &A. So this one I'm going to go over to
00:54:12.039 --> 00:54:17.389
Christy. You have previously talked about Agency
00:54:17.389 --> 00:54:21.530
versus employers sponsoring for the one. Would
00:54:21.530 --> 00:54:25.090
you suggest that it's still the same case for
00:54:25.090 --> 00:54:28.710
tour for musicians who are touring in having
00:54:28.710 --> 00:54:30.630
to apply for a new petition every single time
00:54:30.630 --> 00:54:33.210
they're going to a new to a new venue to perform
00:54:33.210 --> 00:54:35.889
or if it's a new production that they're performing
00:54:35.889 --> 00:54:38.210
for as a touring group, do they have to apply
00:54:38.210 --> 00:54:43.110
for a new one or. My personal opinion would be
00:54:43.110 --> 00:54:46.199
apply. under a single agent and then have that
00:54:46.199 --> 00:54:49.019
itinerary long term so that you can at least
00:54:49.019 --> 00:54:51.460
secure those three years and you have each of
00:54:51.460 --> 00:54:55.079
the performances secured under that same O1.
00:54:55.340 --> 00:54:57.980
But I'll open the floor to you. Yeah, I think
00:54:57.980 --> 00:55:01.159
I agree with you completely. File under an agent
00:55:01.159 --> 00:55:05.380
O1. In the petition, the language should be very
00:55:05.380 --> 00:55:08.619
specific, that it's more open -ended. In that
00:55:08.619 --> 00:55:12.190
case, you could ask you could have additional
00:55:12.190 --> 00:55:15.289
events that you're tackling on without having
00:55:15.289 --> 00:55:17.929
to file an O -1 amendment or a new petition,
00:55:18.230 --> 00:55:21.449
so long as you're still doing the same activity,
00:55:21.690 --> 00:55:23.809
performing the same role as your O -1 petition.
00:55:24.210 --> 00:55:27.690
But if in your petition, it's narrowly tailored
00:55:27.690 --> 00:55:32.050
to a specific event or just a specific production,
00:55:32.670 --> 00:55:34.730
you may have shot yourself in the foot and it
00:55:34.730 --> 00:55:38.170
doesn't have that flexibility. Thank you. And
00:55:38.170 --> 00:55:40.670
then I'm going to open this up to everyone that's
00:55:40.670 --> 00:55:44.929
here. Are there advantages to being both an immigration
00:55:44.929 --> 00:55:47.829
attorney and an entertainment attorney? And if
00:55:47.829 --> 00:55:55.469
so, what do you see as those advantages? I can
00:55:55.469 --> 00:55:58.920
start. I think there are certainly advantages.
00:55:59.179 --> 00:56:03.679
You can understand the process from both sides.
00:56:03.800 --> 00:56:06.019
Right. Like certainly as an immigration attorney,
00:56:06.019 --> 00:56:09.300
I don't have the expertise from the entertainment
00:56:09.300 --> 00:56:11.099
side. I don't know what's going to be important
00:56:11.099 --> 00:56:14.119
in the contracts and how that will involve the
00:56:14.119 --> 00:56:18.099
timeline of the production and the actor's needs.
00:56:19.960 --> 00:56:23.800
On the other hand, gosh, like just being an immigration
00:56:23.800 --> 00:56:27.340
attorney is already hard enough on its own. I
00:56:27.340 --> 00:56:32.849
have a hard time imagining someone being so having
00:56:32.849 --> 00:56:38.329
the knowledge needed to, you know, adequately
00:56:38.329 --> 00:56:42.110
or exceptionally, you know, work on both sides.
00:56:43.119 --> 00:56:48.119
But that could just be me. No, I agree with that.
00:56:48.380 --> 00:56:52.380
I think with both industries being in such an
00:56:52.380 --> 00:56:58.420
evolving space with new rulings, and it would
00:56:58.420 --> 00:57:02.489
be a lot to Keep up with all the changes and
00:57:02.489 --> 00:57:05.130
yet if anyone's willing wanting to do that, then
00:57:05.130 --> 00:57:09.000
I say go for it. Now, definitely it's a huge
00:57:09.000 --> 00:57:13.010
undertaking. I would say, but. yeah I mean from
00:57:13.010 --> 00:57:15.429
the entertainment side you're able to anticipate
00:57:15.429 --> 00:57:19.170
issues that may come up in the like in the immigration
00:57:19.170 --> 00:57:21.949
process right and then I feel like I don't know
00:57:21.949 --> 00:57:25.530
they go hand in hand I think and so even when
00:57:25.530 --> 00:57:27.610
drafting contracts you're anticipating things
00:57:27.610 --> 00:57:32.170
that you know being on the immigration side but
00:57:32.170 --> 00:57:34.730
as just working in entertainment I'm constantly
00:57:35.750 --> 00:57:38.170
reaching out to the immigration attorney and
00:57:38.170 --> 00:57:40.590
trying to see, okay, what else should I anticipate,
00:57:40.849 --> 00:57:43.010
what delays, what things can go wrong, right?
00:57:43.010 --> 00:57:45.909
Because I'm not in that field of practice, but
00:57:45.909 --> 00:57:48.289
I feel that there's definitely advantages to
00:57:48.289 --> 00:57:53.789
becoming both. I agree with all of your sentiments
00:57:53.789 --> 00:57:55.670
and especially Christie's, it's already hard
00:57:55.670 --> 00:57:57.690
enough being an immigration attorney under this
00:57:57.690 --> 00:57:59.869
climate and keeping up to date with each of the
00:57:59.869 --> 00:58:02.610
changes that come out almost every day is tough.
00:58:02.829 --> 00:58:05.030
So I can only imagine having the wealth of knowledge
00:58:05.030 --> 00:58:08.510
of both sides. And then we do have two more minutes.
00:58:09.190 --> 00:58:12.829
So the last question I'll go over is DUIs and
00:58:12.829 --> 00:58:16.150
how they impact, you know, you can address those
00:58:16.150 --> 00:58:19.010
head on with the USCIS petition, but once you're
00:58:19.010 --> 00:58:21.510
at the consulate, you can only prepare your client
00:58:21.510 --> 00:58:24.030
on how to address that issue if it does come
00:58:24.030 --> 00:58:27.329
up at the interview, right? So if a visa is denied
00:58:27.329 --> 00:58:30.130
for any reason due to criminal background issue,
00:58:30.130 --> 00:58:32.289
how do you prepare your clients for that, Christy?
00:58:32.809 --> 00:58:37.260
And how can you be proactive about? about something
00:58:37.260 --> 00:58:42.210
like a DUI or an issue of such a thought? Have
00:58:42.210 --> 00:58:44.710
all the documents with you. It takes a long time
00:58:44.710 --> 00:58:48.030
to get them through the criminal courts. Be prepared.
00:58:49.869 --> 00:58:54.590
A DUI or something minor may not preclude you
00:58:54.590 --> 00:58:58.050
from getting a visa, but the consulate will want
00:58:58.050 --> 00:59:01.590
to see those documentation. Additionally, it
00:59:01.590 --> 00:59:04.739
does increase the risk of administrative processing,
00:59:04.920 --> 00:59:07.539
meaning that security check. So keep in mind
00:59:07.539 --> 00:59:11.929
that it could could add delays. With that, we
00:59:11.929 --> 00:59:14.389
have no additional questions. So thank you so
00:59:14.389 --> 00:59:16.949
much to the Beverly Hills Bar Association, the
00:59:16.949 --> 00:59:19.269
Orange County Bar Association, each of our panelists
00:59:19.269 --> 00:59:24.070
and Dr. John Zhang for joining our panel. We
00:59:24.070 --> 00:59:28.489
are so appreciative of all of you. And thanks
00:59:28.489 --> 00:59:29.329
for joining our panel.