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::Preparation and Filing Procedure ::
Adding Activities Versus Petition Amendments
As noted above, while petitioners should do their best to disclose in advance all proposed activities, they may add or subtract performances involving similar services
without filing a new petition, provided the new activities take place within the
classification period and on behalf of or in association with the same petitioner.
Indeed, provided activities of the type described in the petition actually occur, it
is not material that the specific activities themselves do not take place, assuming,
of course, that the petitioner initially included them in good faith.
What constitutes "similar" services is a matter of U.S. Citizenship and Immigration
Services (USCIS) discretion. An O-1B concert hall soloist can add engagements in concert
hall venues without concern, and most likely dates in smaller, more commercial or academic
venues as well. It would probably be acceptable to USCIS were the soloist to play
different music, jazz instead of classical, for instance, on those added dates.
The soloist would still be playing his or her instrument, before a live audience
attracted because of the soloist's reputation with that instrument, even though the
soloist's O-1B reputation was gained by performing classical music only. It is less clear
whether that soloist could add dates to perform as a member of a jazz ensemble. And it
is debatable whether that soloist could add studio recording dates without additional action.
Where the artist's or group's principal purpose for being in the U.S. has materially
changed, the petitioner must file an amended petition. An amended petition in this case
simply means that the petitioner will check off Box 2c ("Change in previously approved
employment"), in Part 2 of the I-129 petition, and also request an extension of stay (Part 2, Box4c). Otherwise, the petition substance and
process would remain the same.
Note that if added or future engagements will take place in conjunction with another employer or agent altogether, that party must file a separate petition, unless the original petitioner filed an itinerary-based petition, including a cover letter that allowed for additional engagements to be added. For example,
if an artist changes management companies mid-stream, the new management will need to
file its own petition. This, of course, would not be an amendment.
Copyright © 2003 League of American Orchestras/Association of Performing Arts Presenters
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