Screenwriter looking to move to Los Angeles

[mrsmithsmith 0]

Looking for advice on moving to LA for an extended period – at least 6 but preferably 12 months. I am a reasonably established but by no means top-of-the-heap screenwriter – I have a US-based agent and manager and late last year I won a major screenwriting fellowship.

I consulted with an immigration attorney while considering an O1 visa but, after he provided the list a supporting materials I would require, I came to the conlusion that I would struggle to meet all of the criteria – having a contracted 12+ month program of employment ahead of time doesn't reflect how a screenwriter solicits and obtains work. – networking, pitching, meeting producers, getting paid employment etc. are the main reasons I want to get over there. It seems like a Catch-22.

All I'm looking for is a legal way to remain in the US for an extended period while I build up my professional network and pitch (but not work) on projects. Note that I have more than enough funds to cover my time in Los Angeles and own an apartment in Australia.

At this point I'm thinking that I would be better off just getting a B1 visa – after all, I will be having a large number of "business meetings" with producers – and, in the event I am offered paid work, I will leave the US immediately and upgrade my visa status to an E3 or O1. So my questions are:

1. Is my thinking correct here, does a B1 seem like a logical choice in this circumstance?

2. Will I need to show a program of specific business activities to get issued the B1 for the full 6 months? Would I be better off just getting a B2 and saying I want to have a 12 month holiday in Los Angeles? The main point is that I have no intention or need to engage in any work while on a B1.

3. How difficult is the process of extending the B1 for a further 6 months? Can I do so with a supporting letter from my US reps (i.e. we require our client to remain in the US in order to undertake further meetings)?

If people have experience of using (and/or extending) a B1 visa for conducting general business activities – rather than a specific schedule of meetings – I'd appreciate your help and advice.

[HollywoodNorth 22]

Going the B2 route is immigration fraud.

Can your US based agent hire you and sponsor you for a visa?

I've used B1's before but it was only for a few days [meetings, job interviews, conferences]. O1 would be ideal, but it would depend on the scope/scale of your screen writing credits. Plus at some point your O1 petition will fly across the desk of someone over at IATSE or The Producers Guild of America for an O1 advisory letter, which isn't a problem if you have a bunch of shows/films under your belt.

You would need to show the immigration officer compelling evidence of funds that you can support yourself comfortably and that you are maintaining residence/ties abroad, and that you are not earning an income. I would fly this past an experienced immigration attorney in LA with entertainment industry experience.

Does Australia have US Immigration pre-clearance? It would be good to get this sorted out and approved before hopping on a plane to LAX.

[Boiler 45,499]

Presumably you have access to the VWP?

Just wondering how an E3 would be relevant, O1 would be more normal.

What did the Lawyer you saw say?

[mrsmithsmith 0]

Can your US based agent hire you and sponsor you for a visa?

I'm interested in whether this might be an option. Could they sponsor me as an unpaid employee/intern? I doubt they'd be in a position to offer me any sort of salary (I'm supposed to be making comission for them, not the other way around).

Does Australia have US Immigration pre-clearance? It would be good to get this sorted out and approved before hopping on a plane to LAX.

Yes, absolutely. There's no way I'd fly to LA without visa pre-clearance.

Presumably you have access to the VWP?

Yes, but that would only allow me to stay for 3 months. Giving the expenses involved in flying over and getting established, I'd feel more comfortable with a minimum 6 month window.

Just wondering how an E3 would be relevant, O1 would be more normal.

Where I baulk with the O1 is the requirement to the submit "deal memos" - signed agreements between my sponsor (my agent) and, say, a producer or studio saying "We will pay MrSmithSmith $X to work for us for X months". The O1 visa is issued only for the period you can demonstrate that you have paid work. While I have original material currently optioned by reputable producers and going to studios/networks, it's very difficult to obtain and demonstrate long term work-for-hire contracts.

While the O1 might be suitable for, say, a concert musician who has a pre-booked national tour it doesn't reflect how a screenwriter solicits work - even top of the line screenwriters often couldn't say with certainty who they'll be working for in 6 months, let alone the 3 year window offered by the O1.

I guess what I'm ultimately asking is what do I need to provide immigration in order to stay in the country for 6 months while I conduct approved business activities on a B1 visa. To put it another way how can I spend 6 months in the United States building up my screenwriting "business" or "brand" (*cringe*) but NOT working. Do you think the following suffice?

1. Evidence of adequate funds.

2. Evidence of strong ties to Australia

3. A letter from my reps stating that I am required to visit the United States for 6 months in order to carry out general business activities. They will be more than happy to provide something to this effect.

[Boiler 45,499]

There is not always a visa available that does what you want it to.

VWP is 90 days, and you are visiting not getting established whatever route you choose.

I have never heard of pre clearance in Australia. Mostly Canada, one in Ireland and I think Abu Dhabi.

I am no expect on E3 but does not the job require a degree and that you have that degree?

Any work visa is only valid if you have work and are paid the prevailing wage.

You mentioned your work and your ongoing ties and I would imagine if you are arguing you need to be close to your customers how can you spend so long in the US?

VWp strikes me as the safest bet, compress it into less than 90 days.

[caliliving 606]

yeah, i thought the O1 is for highly skilled? I know actors in LA are on the O1 and they didnt have a job before they got here.. i thought they just showed they were exceptional talent?? i am not sure tho:/ if you get a good lawyer and lots of proof of your screenwriting and some solid articles maybe you could go that route??

I think your best bet is VWP! check out LA.. maybe network a little and see what you can get..see what you eventually need to make it in LA? maybe you wiill come and realize LA isnt for you ect. maybe google what visa screenwriters need ect..

The B2 is very very risky!!

The other thing is if you can get the O1 get some solid proof and try to get more screenwriting in australia

How old are you? You can go to college in LA. maybe get an F1 to study a course/ their are many 1 year masters out here and then you get a year after you graduate to work.

If all else fails.. match.com

[JFH 12,190]

I have never heard of pre clearance in Australia. Mostly Canada, one in Ireland and I think Abu Dhabi.

Correct. Not available in Australia. Only Canada, Ireland, Abu Dhabi, Bermuda, Bahamas and Aruba.

[HollywoodNorth 22]

B1 is meant for temporary visits, with the 6 month date there being a fair bit of padding to any changes to your trip. It's my opinion that an immigration officer would not see the trip as a simple business trip vs an employee/employer relationship which would require a work visa, especially if you don't have a return ticket, or if you have a return ticket that is way out there in terms of return date.

One reason for the 6 month limit is to prevent aliens from becoming US residents for tax purposes (ie. Substantial presence test), which would hit with 183 days of being in country (There is more to it than that, they run a formula calculating time spent visiting the US over the past 3 years). If you don't have a proper visa going over the 180/183 days [6 months] there will be serious issues down the road. And to add to that, you aren't always guaranteed to get 6 months.

This is a big issue coming up with Canadians who vacation for months at a time every winter in the US [snowbirds]. US and Canada have recently started sharing exit dates with each other and folks are discovering they can't just "live" in the US on B1/B2 status.

Are you a member of AWG? Do they talk to the WGA in the USA? Maybe they'll have some ideas.

Other than that the only other thing I can think of is to apply for a story job on an ongoing show/tv series/animation/games project where you are an employee being paid a salary.

I don't think the O1 is an option since one of the O1 criteria is showing pay higher than the industry standard to reflect your exceptional ability.

Other than that, maybe an alternative is to work via teleconference with your agent, and make a few short pitching trips to LA.

I know the entertainment industry is fairly non-traditional, especially with some workers only getting paid out once or twice a year, but the visa system isn't really geared up for that. I'd consult with a LA based immigration lawyer with entertainment industry experience for options. Going B1 for long periods of unpaid time sounds risky to me.

Edited February 22, 2016 by HollywoodNorth