USA
Location: North America
Broadcasters
Cooking Channel
Discovery Family
Film Commissions
Visas & Permits
Visa & Work Permits
Visa Waiver Program (VWP)
The Visa Waiver Program enables most citizens or nationals of participating countries (including the UK) to travel to the US for tourism or business, for stays of 90 days or less without obtaining a visa.
Travellers must have a valid Electronic System for Travel Authorization (ESTA) approval prior to travel and meet all the requirements.
It should be noted that this program only applies to those on a visitor (B) visa, which those in the media industry wishing to temporarily work in the US are not eligible for.
Visa Categories for Those Working in the Media Industry
With regards to US work visas, for foreign talent in the media industry, it is critical to understand the visa-approval process of the United States Citizenship & Immigration Services (USCIS), the government agency responsible for reviewing work visa petitions, and the visa-stamping procedures of the overseas US consulates (that dictate when visas will be issued to foreign entertainers seeking to enter the US to entertain).
The US immigration rules make distinctions, based on the media industry professional’s work purpose for entering the US and the nature of their employer’s business. So, it is important to review the activities to be performed in the US, and assess the applicant’s employer or sponsor before applying for the work visa.
For media industry professionals, there are three main visa categories: I, O and P visas. All three visa categories are explained in detail below.
I Visa
The I visa is a temporary, non-immigrant US work visa for print, radio, internet and television journalists coming to the US solely to work on news-gathering processes (i.e. news shoots, informational or educational documentaries), with no intention of remaining indefinitely in the US.
Members of foreign production teams essential to the foreign media function, such as photo journalists, reporters, editors, film or technical crew, directors, producers, and presenters also qualify for the I visa. Those indirectly involved in the news gathering function, like proof-readers, librarians or set designers, do not qualify for the I visa.
I visas are issued for a minimum of six months, or for as long as the foreign media outlet can provide evidence of the news project’s duration. I visas are company-specific and do not allow their holders to perform freelance work while in the US.
The I visa should not be used for those entering the US to produce, make or report on commercial or entertainment programming. This includes scripted and reality entertainment shows, the filming of staged or recreated events, and documentary dramas, as well as advertising, quiz shows and artistic media content.
O Visa
The O visa is a temporary, non-immigrant US work visa for entertainers in the film and television industry of “extraordinary achievement”.
US immigration rules allow foreign nationals to come to the US under an O-1 visa, if they do so to work in film and television productions, can demonstrate a record of “extraordinary achievement”, have a US employer or sponsor, and if the length of the production can be verified.
To meet the standard of “extraordinary achievement” in film or television, the person must be outstanding or noted (using evidence such as nominations and awards, history of prominent productions, commercial success, and testimonies). Typically, the O-1 is issued to accomplished members of a production team, such as the executive producer, lead actor or director.
An O-2 visa is available to those in film or television production who come to the US to accompany and assist the O-1, and who are integral parts of the O-1’s actual performance. The O-2 must have skills and experience with the O-1 that are critical to the production’s successful completion.
As such, O-2 visas are issued to such film or television production crew members. O-2s need not show a supporting role, but must prove they are an essential team member.
Both the O-1 and O-2 must include an advisory opinion, from the appropriate union representing either the O-1’s or O-2’s occupational peers, and a management organisation in the area of either the O-1’s or O-2’s field.
P Visa
The P visa is a temporary, non-immigrant US work visa is for internationally recognised entertainers in the film and television industry, seeking to enter the US to perform either individually or as part of an entertainment group. Between the O and P visas, the P visa is most commonly applied for.
Like the O visa, it requires a showing of a US employer or sponsor. Furthermore, the P visa applicant requires a contract detailing the length of the performance or entertainment event. A group of related activities will also be considered an event.
The P-1 visa is for performers. The P-2 visa is for individuals who provide essential support (i.e. those who are highly-skilled, essential personnel and an integral part of the P-1’s performance, because their support services cannot be readily performed by a US worker).
The P-2 visa is also for artists and entertainers, either individuals or a group, who are involved in a reciprocal exchange program between an organisation or organisations in the US, and one or more foreign countries.
The standard of proof is lower than the one used in the O-1 visa. ‘Internationally recognised’ means a high-level of achievement in a field, as evidenced by a degree of skill and recognition substantially above what is ordinarily encountered, to the extent such achievement is renowned, leading or well-known in more than one country.
Additional Information
All the above US work visas allow the spouse and children (under the age of 21) to come to the US as dependents of the principal visa holder. The dependents cannot work in the US but they are allowed to study.
US work visa applications require advance planning, sound contracts showing how long applicants are needed in the US, and significant patience to gather the evidence needed to meet the visas’ standards. This is especially true for O and P visas.
Please note that having the O and P visa petitions approved by the USCIS in the US, will not always guarantee that the O and P visas will be issued by US consulate officers. Thus, it is critical to understand the process, find a sponsor or employer, and file the O and P petitions early, before arriving in the US on the performance or production start date. Four months ahead of the event is advised.
The I visa is the only US work visa that can be presented directly at the US consulate without having a petition approval issued by the USCIS in the US. However, the I visa application must be complete with the required evidence.
Resources
Basic information about US visas, in general, can be found here.
A list of US work visa categories, with further information on how to apply, can be found in the following links:
• Travel.State.Gov
• US Embassy & Consulates in the United Kingdom
To determine the most suitable US work visa, an online Visa Wizard is available [in the country field, enter ‘United Kingdom’]. Please note that the Visa Wizard only includes the most common visas.
To find out more about US visa services, there is a list of local US embassies and consulates.
Film Location Permits
Film location permits are issued in each US state by a government body or non-governmental organisation (NGO). It can sometimes be issued directly by a city council.
• Information about filming permit fees, the process and relevant contacts
• Contact details for various US state offices
Drone filming isn’t allowed above national parks, military bases, within five miles of major airports, and within three miles of big stadiums during major sporting events.
Customs
For productions looking to bring in film equipment, the US is an ATA carnet country.
When to Film
Costs & VAT
Funding & Tax Incentives
Funding
SAGindie has produced a comprehensible and up-to-date list of state production resources for each US state, which can be found here. The link also includes information on relevant local organisations that may be able to offer additional financial advice and assistance.
Incentives
Entertainment Partners' Production Incentives Map: Information for USA.
Venture Capital
Polytech Ventures is an early stage venture capital firm, based in Switzerland and Silicon Valley, with a strong international focus.
Sector focus includes financial services, healthcare and media, with a healthy interest in digital transformation and a willingness to invest up to CHF 2.5 million (approximately £2 million) in a company.
Although it mainly concentrates on Swiss start-ups, European and US opportunities are also considered.
Treaty Documents
Other Useful Resources
Industry Trends with Peter Hamilton is a series of webinars focused around US and international media market trends, with expert insights and information for UK producers.