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Advocacy Update: Advocate for NEA Funding, Fixing Ticketing, Updates on Overtime and Visa Rules

By Laurie Baskin posted 06-18-2024 11:52

  

Advocate for NEA Funding and Announcement of Grant Awards

Congress has begun its work on appropriations bills for FY25 and will soon take up the Interior Bill which includes funding for the National Endowment for the Arts. Given the divisiveness in Washington, it is more important than ever for the theatre community to advocate for NEA funding. Talking Points found in the NEA Issue Brief can help in your advocacy efforts. Before the end of June, we are urging theatres to generate at least 10 messages each to your Members of Congress in support of NEA funding. Please take action here!


With the recent announcement of Grants for Arts Projects (GAP) Round Two funding, the National Endowment for the Arts completed its major grantmaking for the current fiscal year. The NEA Theater Program disbursed 127 grants and $3,943,600 in this round and the Musical Theater Program issued 32 grants and $978,600.

TCG featured a number of theatre grantees in our written testimony to the House and Senate urging no less than $211 million for the NEA in FY25.

 

Fixing Ticketing: Your Continued Advocacy Needed!

TCG has learned that many theatres have been battling ticket scams which suggests that policy action is needed. The performing arts and the wider live events sector support S. 3457, the Fans First Act, a bipartisan Senate bill that would create new policies for ticket sales on both the primary and secondary markets. The House recently passed H.R. 3950, the TICKET Act, by a vote of 388-24. With this successful passage, TCG and the Fix the Tix coalition, are urging the Senate to take up S. 3457, which has the strongest ticketing protections (see a helpful side-by-side here). Your theatre can speak up today by contacting Congress to express support for immediate policy action.

 

New Overtime Rules and Resources

The U.S. Department of Labor (DoL) announced the final rules for new overtime compensation requirements on April 23, 2024. As a member of the National Council of Nonprofits and Independent Sector, TCG has been partnering with the wider nonprofit sector to bring visibility to the new rules as initially proposed, request a phased-in approach to new requirements, and share information about the final policies.


Meanwhile, in late May, more than a dozen businesses filed suit to block the rule from going into effect. More information about the rule and the lawsuit can be found at the National Council of Nonprofits.

 

Visa Policy/Final Visa Rule Set New Fees and Became Effective April 1, 2024

Theatres that file visa petitions for international guest artists should be aware of new filing fees and procedures that took effect April 1, 2024. Nearly a year after issuing its original proposal, U.S. Citizenship and Immigration Services (USCIS) published a final rule with fees that are reduced from the amounts initially proposed for 501(c)(3) nonprofits and certain small businesses with 25 or fewer employees. The new fees are paired with revised policies, and all arts petitioners will experience higher costs, increased petition preparation requirements, and lengthier timeframes for Premium Processing.

TCG went on record alongside 120 arts organizations and businesses in joint comments to oppose proposals that would more than triple the previous artist visa filing fee, cap the number of beneficiaries for group petitions, and lengthen the time USCIS has to respond to petitions filed via Premium Processing Service. These messages were reinforced in comments from Rep. Chellie Pingree (D-ME), Rep. Maxwell Frost (D-FL), and the Small Business Administration's Office of Advocacy. The final rule acknowledges the input agency officials received, stating that, “After considering public comments, in the final rule, DHS exercises its discretionary authority to establish fees, balancing the beneficiary-pays and ability-to-pay principles, and to address the negative effects that commenters stated would result, by exempting the Asylum Program Fee for nonprofit petitioners and reducing it by half for small employers.”

Arts-specific changes are as follows, effective April 1, 2024:

Petitioners filing the Form I-129 to seek the O classification (including O-1B and O-2) will need to submit the following fee:

  • $530 for U.S. non-profit organizations (approximately 15% increase)
  • $530 for filers with 25 or fewer full-time-equivalent employees, plus a $300 Asylum Program Fee, for a total fee of $830
  • $1055 for all other filers, plus a $600 Asylum Program Fee, for a total fee of $1655

Petitioners filing the Form I-129 to seek the P classification (including P-1B, P-3, and P-S) will need to submit the following fee:

  • $510 for U.S. non-profit organizations (approximately 11% increase)
  • $510 for filers with 25 or fewer full-time-equivalent employees, plus a $300 Asylum Program Fee, for a total fee of $810
  • $1015 for all other filers, plus a $600 Asylum Program Fee, for a total fee of $1615

A maximum of 25 beneficiaries will be allowed on a single petition for O-2, P-1, P-3, and P-S classifications. As a result, a large ensemble exceeding 25 beneficiaries will need to file multiple petitions, each with the relevant fee paid. Premium Processing Service (PPS), which requires an additional fee that increased to $2,805 beginning February 26, 2024, will change from 15 calendar days to 15 Federal business days for a response from USCIS.

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