TullyBascombe wrote: <span title="Sun May 14, 2017 4:25 am">8 years ago</span>
Entertainers who are normally compensated for performing are not classified as amateurs and thus will be unable to travel to the US under the VWP to perform, even if they have agreed to perform in the US for free at a charity or private members event and do not solely make a living by performing.
Has Libera ever been compensated for performing other than paying their costs? Charging for admission is not the same as compensating the performers.
So what if they choose to perform at churches? I doubt the US government is going to make them pay a large professional fee to sing at a couple of churches.
Ok, here is the long and detailed explanation
The US seems to be draconian when it comes to things like this. Though non-profit, Libera are technically being compensated, by tickets sales, for their performances. How the compensation is doled out to the group and group members, whether or not the compensation covers expenses, and whether the group generates a profit on the tour, is likely one of those things that is beyond the scope of the legislation governing this matter.
Sadly, I don't think that the US government cares one iota that the tickets sale compensation is insufficient to cover their expenses or that Libera is a registered non-profit. If anything, on paper, this would appear to be a promotional tour for a commercial music recording (the "Hope" album) and that does not help their cause. Again, it doesn't matter, from the point of view of the legislation, that the royalties Libera receives on the album or tickets sales go to providing a free musical education to children. This simply is not something the legislation allows the visa agency to examine when making a determination.
Even though they are a registered UK charity, this also something that the legislation probably did not account for and which is beyond its scope. It's one of those legal technicalities that can only be fixed by law makers in Congress and good luck getting them to do anything at the moment.
So why such a weird law? When the legislation governing such things was written it appears to have been done to prevent foreign competition to established entertainment groups and to prevent such foreign competition from being used to break labor strikes by the labor unions representing performance artists. Interestingly, the application requires (if applicable) affirmative approval by the labor union representing a category of entertainment workers whose work the foreign visitors are technically performing. This makes sense because a certain union may have negotiated favorable compensation for such work and the foreign entertainer is the beneficiary. Thus, the foreign entertainer may have to shell out a union fee to the labor union for bargaining these favorable rules/wages on their behalf and for resolving any labor disputes should they arise while on tour.
Though I am certain that Libera does not require this particular approval
So fees appear to be a sort of tariff on foreign entertainers in true protectionist fashion. Such broad and sweeping statutes, though usually well intentioned, have dire, and often unintended, consequences for groups like Libera who are certainly not competing with American entertainers.....and certainly not being used as replacement workers (scabs) to break labor strikes
Additionally, while there is a religious worker visa (i.e. the Church-only option TullyBascombe suggested), the
requirements are that the person(s) are employed as a minister at least 20 hours per week. So that does not apply to Libera at all.
Sorry for such a long post, I didn't know how else to explain this complicated system and Libera's unfortunate status in having to shell out a huge amount of money to tour the US.