Touring the USA: What Canadian Musicians Need to Know

Touring the USA

Since 9/11, touring the USA as a Canadian musician has never been more difficult. Things have gotten worse since Trump took office. Horror stories abound of bands being held at the border in interrogation rooms for hours/days on end, all because they lacked proper documentation.

What Constitutes Touring the USA?

Whether you are showcasing for free, playing a private unpaid event, or doing a full-blown tour, you need proper documentation. It is a common misconception that if you are playing an unpaid gig in the USA, that you don’t need documentation. Different standards apply to different types of shows. To be sure, always call the Canadian Federation of Musicians (CFM) rep in your area (see here).

Real World Examples

Calgary musician Chad VanGaalen, who is signed to Seattle label Sub Pop, has vowed that touring the USA will not happen again following an unpleasant experience a few years ago. VanGaalen says he was detained for hours by American officials in Calgary because the $3,000 work visa he purchased to perform concerts in the U.S. had expired by two days.

Abbotsford’s You Say Party took that chance on touring the USA and was caught. As a result, the dance-rock quintet was banned from performing in the U.S. for five years. The band had applied for their visas, but embarked on a tour before they were actually approved. So they told the border guards they were heading to L.A. for a recording session, and left out the information about the live performances confirmed while there. When border officials found additional dates on the bands’ tour itinerary, things turned sour.

“It was really awful,” says singer Becky Ninkovic. “They wouldn’t let us go to the bathroom. I was crying. I was a total mess. The officers were so intimidating; it was really a scary experience.”

Touring the USA

VISAs and Fees For Touring the USA

Canadian musicians who want to perform in the United States can legally enter the U.S. to work by obtaining a P2 Visa in advance. The P2 Visa is intended for artists, entertainers, and athletes, and by far the simplest way for a musician to obtain one is through the American Federation of Musicians (AFM). There is an agreement in place between the AFM and the Department of Homeland Security that allows the AFM to petition on your behalf, streamlining the process incredibly.

The P2 is not a temporary green card, and it doesn’t allow you to add dates after it is received. It is a work visa valid only for the contracts that are submitted at the time of application. Once the P2 application is submitted, no more dates can be added to it. You must apply for another P2 if you wish to add more performance dates. The maximum length of time given for a P2 can be up to one year, if there are no more than 30 days between contracted dates.

The current fee for applying for a P2 Visa is $460 USD, plus a $100 CAD fee to AFM Canada for administration costs. An additional $20 fee is applied for each additional musician in a group. For example, the administration fee for a 4 piece group will be $160 [$100 + $60 for the 3 additional musicians]. You may also incur Fedex charges for shipping documents to Toronto.

The above also applies to applications for technical crew and other essential supplemental support [i.e. tour managers, back-up singers/dancers, etc.]. One crew person will be an additional $100 (over and above the musician administration fee); two crew members would be $120.00.

Touring the USA

When Should You Apply for a VISA?

P2 Visas should be applied for at least 120 days in advance (this varies – always contact the office for current turnaround times). If this is impossible, you can apply for “Expedited Processing,” which takes 25 days and costs $1,225 USD, in addition to the $325 mentioned above (these fees have likely increased).

CFM provides an up-to-date package of P2 documents online in pdf format. These documents can be downloaded, printed and completed by the member before bringing them in to our office for final processing of the visa application. Click here for the package.

Touring the USA

Checklist for Touring the USA

Before considering touring the USA, here is what you need:

1) Get a passport, make sure it’s valid.

It must be valid for a minimum of six months after the date you intend to return from your professional activities in the US.  When the expiry date on your passport is getting close, don’t push it. Apply for a new one (prior to the expiry date) sooner rather than later.

2) Get confirmed gigs.

Evidence of work in the US is required to qualify for any artist work permit.  You cannot obtain a permit to look for gigs.

3) Get a work permit

  • P-1 Visa: for bands who are “internationally recognized”.
  • P-2 Visa: for musicians who are emerging artists as well as those of international recognition who qualify under a USCIS approved Reciprocal Exchange Program.  If you’re an AFM member, no matter your present career status, you fall under the AFM Canada/AFM USA USCIS approved Reciprocal Exchange Program.
  • P-3 Visa: for soloists or groups that are culturally unique i.e., musicians performing folk music from their home country.
  • O-1 Visa: for an individual musician who is internationally recognized (the back-up band/support crew, etc., would apply for an O-2 Visa).

For P-2 Visas, contact AFM to obtain one. For all other Visas, you will need a visa processing agent or immigration lawyer for assistance in obtaining these permits.  These professional service fees range from $1,500 to as high as $7,000, which is in addition to the cost of the USCIS processing fee.

4) Ensure the permit is valid for all tour dates

O-1 Visas may be approved for up to three years.  P-1, P-2, and P-3 Visas may be approved for up to one year.  Subject to USCIS approval, all visa classifications allow the possibility of a one-year extension after the initial approval period.  The general rule of thumb is that the permit will be approved for the time necessary to complete the work.  For example, you won’t get a P-2 for one year if you only have two months of work.

5) Pay all necessary fees 

Pay all applicable costs as outlined above, at least 60 days in advance. This will ensure you receive the hard copy/original approval document back from USCIS prior to the date of travel.  Having the original paperwork in-hand upon entry to the US, provides for better ease of entry.

As always, email me with any questions, and happy touring.

Touring the USA

29 thoughts on “Touring the USA: What Canadian Musicians Need to Know

  1. Hi, great article!
    Any info or lead for a session musician? I am from France and have a work permit in Canada, but just got asked to play with different bands regularly in the US…

    Cheers

    JeanSe

  2. What if you are a Canadian musician/vocalist who is on a tourist visa and are offered the opportunity to perform with a band but do not take any compensation?

    • Hi Phil,

      Your best bet is to chat with an immigration lawyer, but I know some artists have been turned away at the border even for free shows.

      Thanks

      Kurt Dahl
      Entertainment Lawyer

  3. hi! thank you for your article found it very useful. I have another question regarding a P2 visa performer that plays most of the time in the USA and so has a year long address in the USA and also residency in Canada , how is taxation applied to payments received for those gigs in the USA? Should that person do their taxes in the USA and so get a social security in the USA? Or should it entirely been done in Canada? there seems to be no straight answer on resources online and Taxation Treaty is not clear to a USA state law degree, please advise. Best Regards!

  4. We are a group of regularly employed business people in Calgary, who are also member/volunteers of a non-profit charitable society that performs local choral concerts for zero remuneration. We have been asked to perform at a one night charity event in the USA in late May. Our travel expenses, return to Calgary, are covered and, as is the case with all of our Calgary performances, we will receive no remuneration. Can we enter the USA with B2 – Tourist Visas?

    • Sorry Ken, just got to this now. I’m not an immigration lawyer but I think you do need some sort of documentation to perform even if its for free. Unless you just lie about it and act like you’re on a vacation. But that can get you in trouble if they find out. Curious to know how it went and what you did.

      Thanks

      Kurt Dahl
      Entertainment Lawyer

  5. Pingback: BLOG POST ONE: International Touring

  6. We are a cover band based in Calgary and we often receive inquiries to perform in Whitefish Montana for private events (weddings primarily).

    Is the P2 Visa required, or is there another visa that would be appropriate in this circumstance? I would prefer to have all of the appropriate documentation in place and also be able to advise potential clients of the requirements

    • Hi Rob. Whitefish is beautiful. I would chat with your local CFM rep and see what they say. They help my band get Visas all the time, and it’s cheaper and quicker through them. Sounds like you would need a P2, but I’m not an expert at immigration law! Thanks and best of luck

      Kurt Dahl
      Entertainment Lawyer

  7. Dear Kurt, I’m an American citizen as well as a permanent resident here in Canada currently. My band mates are Canadian. Are there any unique, easier angles to get my band mates into the states for touring especially if I manage this band.
    As well, thanks for all putting together all this insightful information.
    All the best

    • Hi Matthew. I always suggest speaking with an immigration lawyer or your local AFM/CFM rep, as they work in this area every day. It’s ever-changing, especially with the current administration down there. Hope this helps!

      Kurt Dahl
      Entertainment Lawyer

  8. What is thecfastest turn around there is for a P2? My husband and I have been using them for 2 years now and were not going to apply until the end of the month, however a commercial producer contacted him and asked if he was available for a commercial in 2 weeks! Help !!

  9. Hello just wanting to ask a question for my boyfriend. He is planning on hopefully performing in Miami and possibly other states. It would only be for a max of 7 days to Miami. Anyways, the only thing is that he has multiple charges and convictions in criminal court and I’m wanting to know if he’s even going to be able to travel at all?
    Thanks for your replies hopefully
    Kristie from Canada

  10. Hi Kurt. This article was really helpful. Thanks.
    I’m a Canadian musician & occasionally get offers to play a one night club date or teach for a day (minimal $). No extensive tour, just one offs from time to time.
    Have they made it so expensive that it’s not possible to do any of these single dates – that only musicians with longer tours can even consider it?
    If so, you would think the powers that be would make a less expensive option for these situations. Otherwise, its been very poorly thought out, as it doesn’t take this likely very common situation into consideration.

  11. Thank you for this information so helpful. With a P2 visa that is approved am I allowed to enter the states and exit and re-enter the states for shows?
    Emily

    • Hi Emily

      I would discuss this with CFM as they stay up to date on the specifics of P2s and what they entitle you to. It’s always changing.

      Kurt Dahl
      Entertainment Lawyer

  12. Hey Kurt, I am dual citizen (Canada/ US) and am thinking about planning a some dates in the US. If I was going to have Canadian musicians backing me up what would i need to obtain for them to tour with me? very informative article thank you

  13. Hi,I check your blog named “Touring the USA: What Canadian Musicians Need to Know | LawyerDrummer.com” like every week.Your story-telling style is witty, keep it up! And you can look our website about proxy server list.

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