ImmigrationDHS probes dancers for visas

Published 23 March 2011

It was a close call for the East Village theater La MaMa: At least three weeks’ worth of box-office revenue was on the line when DHS questioned the visa applications submitted by artists in an upcoming performance; although delayed by one week, the show will go on: The Irish Modern Dance Theatre’s “Fall and Recover,” a dance work inspired by survivors of torture, now opens Friday 25 March

It was a close call for the East Village theater La MaMa: At least three weeks’ worth of box-office revenue was on the line when DHS questioned the visa applications submitted by artists in an upcoming performance. Although delayed by one week, the show will go on: The Irish Modern Dance Theatre’s “Fall and Recover,” a dance work inspired by survivors of torture, now opens Friday 25 March.

The Brooklyn venue Littlefield wasn’t so lucky. Edinburgh, Scotland-based musician Dan Willson — a.k.a. Withered Hand — was delayed for similar reasons, causing him to miss his 12 March engagement. Due to short notice, Littlefield could not book a replacement and was dark for its most important night of the week. Willson did make other New York dates, and then headed to the South By Southwest music festival in Austin, Texas.

In both cases, the artists did make it through the red tape of U.S. Citizenship and Immigration Services, the DHS office that administers applications, but the visa issue is a thorny perennial that affects artists, presenters, and the public. What is the state of affairs?

In the last year, USCIS Director Alejandro Mayorkas has earned some credit for seeking feedback from the artistic community and improving application processing speed. There is, however, evidence that part of the process is growing ever more inconsistent, leading to costly delays.

International artists with U.S. engagements apply to USCIS for nonimmigrant visas. If the application does not appear to meet requirements, the artist receives a Request For Evidence (RFE) and must respond with clarification or more information.

In the case of Dublin’s Irish Modern Dance Theater, the RFE was “baffling,” says Mia Yoo, artistic director of La MaMa.

The venue requested P-3 visas (covering “artists or entertainers coming to be part of a culturally unique program”) for seventeen artists. In mid-February, USCIS sent an REF that read: “Given the multi-ethnic composition of the group and the universal subject matter of the work to be performed, USCIS is unsure whether the term ‘cultural’ applies in this case.”

La MaMa has been presenting arts programs since 1961. And the Irish Modern Dance Theater, founded in 1991, is part of Imagine Ireland, a year-long festival that includes 400 cultural events in forty U.S. states that was organized by Culture Ireland, a state agency that promotes the arts.

The work in question — “Fall and Recover” — was created by choreographer John Scott, who in 2003 started