•Judge Rules Against NEA Grant Rules •Violinist Released by ICE •Enforcing a Letter of Intent •Multiple New Filing Addresses for Artist Visa Petitions •RFE’s for Itinerary-based Artist Visa Petitions
LAW & DISORDER
Performing Arts Division
13 November 2025
Dear Reader
In 1776 the American Colonists, not merely content with ruining perfectly good tea by dumping into Boston harbour, rendering it undrinkable—even for Americans—concocted a list of spurious charges and allegations against the British government to incite the dusty, populist mobs of the day to turn against King George III. Now, almost 250 years later, the progenies of their short-sightedness are now subjected to more actual daily horrors than Thomas Jefferson’s illegitimate children. The King’s former subjects find themselves facing very real scenes of daily violence and injustice as masked US agents operating with unfettered authority, sanctioned militia groups, and nationalist mercenaries abduct both US Citizens and Non-U.S. Citizens off the streets and out of their homes without due process or probable cause for purported immigration violations or any other alleged charges they come up with. The military has been sent into US cities to quell insurrections before they happen, racial slurs and attacks have now become politically correct, and history is being re-written to edit out the nasty bits, all whilst the government has not only abdicated any democratic oversight, but has closed-up shop, packed the kids and Grandma in the car, and driven off to Jurassic Park to throw goat meat at the T-Rex.
Through it all, the arts stumble ever onward — bruised, battered, and torn—but persistent in its mission to awaken, enlighten, illuminate, and, perhaps, even divert and entertain. For international artists and those who present them, obtaining US artist visas continues to present a bespoke array of inconsistencies, unexpected and unannounced policy changes, and random outcomes. For everyone else, the normal challenges remain, though now they seem almost a refreshing diversion. Let’s dive into this month’s steaming crap sandwich of news.
Legal (and not so legal) Issue(s) of the Month
1. Judge Rules Against NEA’s Grant Restrictions
In an important and rare victory for First Amendment rights, on 19 September a federal judge in Rhode Island ruled in favour of four arts organizations in their challenge to the National Endowment for the Arts’ (NEA) Trump-induced policy refusing to approve grant applications for projects that “promote gender ideology.” The suit was filed in March 2025 by the American Civil Liberties Union (ACLU) and the ACLU of Rhode Island on behalf of Rhode Island Latino Arts (RILA), National Queer Theater (NQT), The Theater Offensive (TTO), and Theatre Communications Group (TCG). You can read more about the case HERE. Let’s hope this continues.
2. Utah Violinist Released by ICE
In September, we reported that over the summer a non-US orchestral musician living in the US and married to a US citizen was arrested, allegedly due to an impaired driver conviction from 2020 and sent to an ICE detention centre where The Department of Homeland Insecurity initiated deportation proceedings. Fortunately, after 30 days in jail and paying a $25,000 bond, he was finally released and, subsequently, the deportation case itself was dropped. You can read the lasted update HERE.
3. The Kennedy Center’s Slow Disassembly
Last week, whilst tangled in a web of small-talk, the acquaintance of a friend-of-a-friend, knowing I work in the arts, remarked how pleased I must be now that the John F. Kennedy Center has been “set back on the right path.” At a loss as to what chain of mangled reasoning she arrived at that deranged conclusion, I could only but respond: “It’s certainly on a path.” True, the Kennedy Center opened its 2025/2026 in September with a production of The Sound of Music—though not the version that Trump had requested which told the story from the Nazi’s perspective. However, according to The Washington Post, in the eight months since America’s Dictator Tot proclaimed himself the Kennedy Center’s new Chairman, ticket sakes for the Opera House, Concert Hall, and Eisenhower Theater are down almost 50%. For the period covering September 2025 – October 2025, 43% of tickets went unsold. That figure marks a significant drop from sales in the same time period over the last two years. In 2024, 93% were sold between September and October and in 2023, during that same time frame, 80% were sold. In October, The National Symphony Orchestra’s “An Evening of Beethoven” performed to less than 2,000 seats out of 2456 available. In addition, not only are donations running on fumes, but Washington National Opera has announced considering moving out of the Kennedy Center, it’s home since the Center opened in 1971, and demoralized staff continue either to leave or cower behind the copy machines. All the while, the Center’s new leadership remains ambivalent about its mission and future other than to ensure performances by Christian artists are ramped up in an effort to drive out what the administration has pegged as “woke” art pieces.
Richard Grenell, the Kennedy Center’s new, Trump-appointed president (a job he admits he never wanted nor asked for, has complained that he has inherited a mess of epic proportions and that the way the Center was run was nothing short of “criminal,” In a recent article, The New York Times writes:
Like many other large arts nonprofits, the Kennedy Center cannot pay for its presentations without the help of substantial private donations…Experimental art and avant-garde operas and new productions do not always manage to earn back what they cost to put on, but for the Kennedy Center to be taken seriously in the arts world — and, more earnestly, for it to fulfil its higher purpose — it had to take risks and hope that the more popular productions (like “The Sound of Music”) and generous donors could make up for any losses on the back end”… It sounds less like [Grenell] uncovered a criminal book-cooking scheme and more like genuine shock from people who have never worked in nonprofit arts before and are only beginning to understand the wildly impractical nature of such an enterprise.
Without conceding the smallest freckle of a point on a snail’s ass to the new regime, does this at all pose an opportunity to reflect why this is inherently the model on which nonprofit arts organizations must inherently be based?
In the meantime, with regard to the universally accepted fact that the Center needs infrastructure upgrades and repairs, Trump wrote on social media last week in a post about changes he was making to the building: “I am doing the same thing to the United States of America, but only on a ‘slightly’ larger scale!” Which, of course, means it’s only a matter of time before this prime piece of river front real estate is torn down for the new Trump Honey Pot Casino, Crab Leg Buffeteria, and Erotica Emporium.
Dear Law and Disorder: Actual questions we get asked and the answers people actually don’t want
"Do The Right Thing”
Dear Law & Disorder:
Earlier this year, I booked a group for our performing arts center. The group’s agent sent a letter of intent, which I signed and returned, as well as formal contract. I held onto the formal contract until I knew we had all of our funding. As it turned out, we couldn’t come up with the funding so I told them no-go before the contract deadline—which was over 30 days before the concert date. Now they are coming after me for the full engagement fee. Because I only signed a document entitled “Letter of Intent” and not the one entitled “Artist/Attraction Engagement Contract,” I am good, right?
Actually, no. These are really two separate issues. First and foremost, titles are irrelevant. Without delving into the legal minutiae, a contract can be anything whereby parties agree to specific terms. Second, the title notwithstanding, the document entitled "Letter of Intent" is, in fact, a contract wherein you agreed to engage the group on a specific date for a specific fee. I read it and it’s not contingent on funding. Nor does it say that it is contingent on a more formal agreement.
The document entitled "Artist/Attraction Engagement Contract” is a different document which expands on the Letter of Intent with more specific terms (i.e.how they get paid, when they get paid, tickets, warranties, comps, etc.) Because that was never signed, none of those terms apply. However, that still leaves the group with an enforceable contract whereby you agreed to pay them a specific fee to perform on a specific date. So, you owe them the full fee.
As contracts are not self-enforcing, you could call their bluff and make them go through the hoops of suing you. However, whilst that would make your trial lawyer very happy, you’d still wind up owing them the engagement fee as well as owing the universe a karmic debt.
Engaging artists is not like purchasing a sofa on lay away. You can’t put a “hold” sign on them in the hopes that if you can’t come up with the money later you can just release them from the warehouse.
Artist Visa News & Nausea
Distracted by demolishing and renovating The White House like a drunk raccoon loose in the clearance aisle of a Home Depot with a credit card, Trump has not recently issued any new draconian immigration proclamations. However, that has not stopped his courtesans, genetically modified to avoid shame and self reflection, from devising new ways to discourage people from coming to the US.
1. Multiple New Filing Addresses for U.S. Visa Petitions
Frustrated by those still managing to navigate the new rules and procedures of how and where to file artist visa petitions, late on the evening of 29 October USCIS stealthily announced changes to the addresses where visa petitions are sent, including O and P petitions. This is in addition to the address change announced in September regarding filing premium processing upgrade requests for petitions initially filed with standard processing.
Effectively immediately--but with a grace period for petitions postmarked through November 28, 2025—visa petitions will no longer be sent to Irving, Texas. Instead, there are now multiple different filing addresses for multiple different scenarios. The applicable address will depend upon multiple factors:
The visa classification requested (O or P)
Whether the petition is being filed with standard processing or premium processing
The state in which petitioner is located
Whether the petition is being send through regular mail or through an overnight delivery service (FedEx, UPS, etc.
To make matters even more convoluted, depending upon where they are located some Petitioners will send both O and P petitions to the same address whereas others will be required to send O petitions to one address and P petitions to another. For example, Petitioners based in California and New York will send both O and P petitions with premium processing (via overnight delivery) to Chicago whereas Petitioners based in California will send both O and P petitions with premium processing (via overnight delivery) to Lewisville, Texas. On the other hand, a Petitioner based in Colorado will send O petitions with premium processing (via overnight delivery) to Lewisville, Texas, whereas the same Petitioner will send P petitions with premium processing to Chicago.
In addition, requests to upgrade a petition initially filed with standard processing to premium processing must now be sent to addresses ranging from Tempe, Arizona to Elgin, Illinois to Chicago, Illinois, to Lewisville, Texas, all depending upon where the Petitioner is located.
Going forward, the only way to know where to send petitions is to refer to the filing address chart on the USICS webpage at Direct Filing Addresses for Form I-129. You should check the chart each time you prepare and file a petition as we anticipate the addresses to change without notice.
2. USCIS Filing Fees Must Now Be Paid Either through Credit Card Payments or ACH Payments
As we foretold in our September update, USCIS is now no longer accepting paper cheques and money orders for petition filing fees. UCSIC is now only accepting credit card payments or ACH payments.
To make a payment an ACH debit transfer from a bank account, you will need to complete and sign Form G-1650, Authorization for ACH Transactions, and file it with the petition.
To make a credit card payment, you will need to complete and sign Form G-1450, Authorization for Credit Card Transactions, and file it with the petition.
We recommend:
Complete and provide a separate form for each required fee. For example, if the Petitioner employees less than 25 full-time employees, is filing an O-1 petition with premium processing, and wishes to pay by ACH, the Petitioner will submit three (3) G-1650 Forms: one for the $530 filing fee, one for the $300 asylum fee, and one for the $2805 premium processing fee.
If paying by credit card, we are recommending using corporate or company cards and NOT personal cards.
Double check all information and make sure neither your credit card nor bank account has any security blocks or restrictions. USCIS will make only two attempts to process fees before rejecting the petition.
As neither the G-1650 nor G-1450 provide any place to indicate what the payment is for or who the payment is form, add the name of the artist or group, the visa category, and the purpose of the fee at the bottom of each form.
3. Increasing Requests for Evidence for Itinerary-based Petitions
We are seeing increased reports of USCIS issuing Requests for Evidence (RFEs) with regard to petitions be filed by an artist’s or group’s booking agent or manager to cover multiple U.S. engagements by different venues and presenters. To avoid these RFEs, USCIS wants three things:
(1) A signed, written confirmation from the artist or group confirming that the agent or manager is authorized to book engagements on their behalf. Do NOT simply provide the agreement between the artist and the agent/manager (colloquially often called a “managerial.”) Rather, provide a simple, signed statement from the artist or group.
(2) A signed, written confirmation from each/venue venue/presenter acknowledging that their date is being included on the petition. (No, copies of the engagement contracts don’t count.); and
(3) An itinerary listing the dates, addresses, and fee for each engagement.
In addition to the above, if the Petitioner is one of the artist’s or group’s venues or presenters, and the petition includes other U.S. engagements, the petition must also include a signed, written confirmation from the artist or group confirming that the Petitioner is authorized to include all of the artist’s or group’s U.S. engagements on the petition
4. Original Petition Approval Notices
So far, US Consulates do not appear to be requesting artists and groups to bring their official, physical petition approval notice with them to their visa stamp interviews. Instead, they are merely requiring copies of the approval notices. However, Canadian artists continue to report being requested to present the official, physical petition approval notice in order to be admitted into the US.
5. Denied Entries and Visa Stamp Refusals
Fortunately, there continue to be relatively few reports of artists or groups being detained, refused entry, or refused visa stamps. However, there remain isolated incidents of alarm to be aware of and learn from. Among the most recent:
A musician who has been living and working in the US on O-1 visas for the past 13 years was recently held in immigration detention when they last entered the US while officials searched the artist’s cell phone and social medial. It is unknown what triggered the search, but US immigration officials claimed they discovered evidence that the artist had assisted a friend for free with the friend’s non-arts related business. Ultimately, after being interrogated, the artist was held for 30 hours before being refused entry and given a 5-year travel ban. Having read a transcript of the “interrogation,” I can attest that not all of the artist’s answers were “ideal” and the artist was understandably upset and angry. That did not help their case.
A US Consulate last week refused to issue a P-1S visa stamp for a crew member of a group. The consulate contended that the crew member had prior visas and visits to the US which were not properly disclosed on the visa stamp application form…including a previously refused visa stamp from over 5 years ago.
We know of several artists from certain counties who have either had to miss engagements or reschedule travel due to significant delays for extensive background checks at US Consulates. So far, most of these seem to be related to the artists either being citizens of certain countries and/or having previously held US student visas. So far, some have been waiting for over 30 days or longer.
When preparing artists for US Consulate interviews, be sure to enquire about any past immigration violations, arrests, or social media posts which could bring them undue attention under paranoid eyes.
And Now For Some Art…
GG Arts Law’s very own Artist Services Assistant, Harrison Weinstein, is also a critically acclaimed photographer whose work has been recognized in numerous publications, including The New York Times, San Diego Union Tribune, and New Jersey Monthly, as well as exhibited at such galleries and venues as The International Center of Photography Museum in New York.
Harrison will be exhibiting 18 photographs from New York City and Southern California at Verdi Cannabis located at 158 West 23 St in Manhattan through January 2, 2026, with a reception on November 14th from 7- 9PM.
Stop in for the art, stay to relax and unwind with good vibes and great company.
If you'd like to see more projects by Harrison, you can visit his website at harrisonweinsteinphotography.com
Deep Thoughts…
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~ John Cleese
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The purpose of this blog is to provide general advice and guidance, not legal advice. Please consult with an attorney familiar with your specific circumstances, facts, challenges, medications, psychiatric disorders, past-lives, karmic debt, and anything else that may impact your situation before drawing any conclusions, deciding upon a course of action, sending a nasty or threatening email to someone, filing a lawsuit, or basically doing anything that may in any way rely upon an assumption that we know what we are talking about.