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now with the new laws canadian guys can't do video's in the us
well the last time i was about to do a video for falcon they were gonna take me to this place to fill out a application to get a us id but i would like to know were this is so i can get one for my self does anyone have any kind of info
Whatever state you enter the country in, you are allowed to take your passport and immigration card to the DMV and be issued with a drivers license in that state... As long as you can prove you are legally allowed to drive in your country.
Thats what i did in Florida and i had my Florida drivers license within a couple of hours :)
Regards,
Lee
but i'm not a immigrant i'm canadian and need some kind of us id to be able to do movies in the us
He is right just show your passport at the DMV in any state you want and ask for a ID card they will give it to you. I might not push the whole “visiting” thing but they will do it for ya this is the DMV we are talking about at one time I remember them giving DL's to peoples dogs and stuff.Quote:
Originally Posted by pierrefitch
Getting an ID card has nothing to do with being an immigrant, or visitor, it has to do with getting a U.S. government ID that confirms your identity.Quote:
Originally Posted by pierrefitch
And Lee is actually right with his answer on this topic.
Actually, you are all off base.
In order to be legal, a non-US citizen must have a green card or other document given by US immigration allowing the foreigner to work inside the US. Getting a driver's license is not permission to work in the US, and if you are performing in a scene and getting compensated for it then you are working.
If you are not a US citizen you cannot legally work in the US without authorization. Getting a driver's license does not fulfill that requirement.
Hhhhhmmm so are you saying that to be on the up and up a Canadian coming to the U.S. be in a porn flick would have to get a working visa and state on the application that he's coming to the U.S. to be in porn?
Would Americans going to canada to film have to follow a similar path? :bunny:
Quote:
Originally Posted by chadknowslaw
Is this the same application that would be applied to an actor from England coming to Hollywood to shoot a 1-time 30-minute paid interview for a broadcast network?
Would they too have to be eligible for employment in the US?
Or is this apples and oranges?
Chad - you may or may not know this.... I always wondered if there was any kind of case to be made regarding 2257's ID requirements and how they could conflict with the NAFTA free trade agreement.
If we cannot not restrict Canadian agriculture or textile products from selling in this country, what about Canadian labor? If a nurse in Vancouver does work in Seattle or Portland for a month, I'm sure there is a way for them to work in a hospital here. They aren't effectively prohibited because they are Canadian.
That sounds essentially like a trade barrier to me.
Steve
Non-US citizens cannot work in the US without authorization, even for minimal amounts. Payment-in-kind is also compensation, so the employer cannot get around immigration laws by paying someone in clothing or airplane tickets or 12 packs of Bud.
There are certainly a lot of employers that do not follow the rules, thus the existence of 11 million undocumented immigrants in the US. Many of those are working and getting paid under the table or working under forged documents and forged Social Security numbers.
If a studio hired a non-US person for a video, I do not know if there would be any defense to the immigration law violation.
Even Canadians need authorization to work in the US, but they do have more options with some NAFTA-specific visas available to them. They still need to go through the process and employers must be involved in the work permit application process.Quote:
Originally Posted by desslock
Nurses are also in very high demand, unlike adult erotica models. Different vocations are treated differently.
But American businesses make payments to foreign contractors all the time. If your model is an independant contractor, it wouldn't really make a difference. Right?
It's one thing to employ someone for 6 months of shooting, or pay a loan-out to a foreign org. for their actor/model, but making a payment to a foreign independent contractor would be illegal as well?
No problem making payments to someone if the work they do is not on US soil, but no matter what you do, you cannot legally employ a non-US resident to perform a task for compensation inside US borders if they do not have proper authorization to work. You can call them independant contractors, but do you think that the big construction companies or agriculture companies or meatpacking companies have not already thought of that?
A payment to a foreigner or foreign contractor is not illegal, but if there is a human being working within the US borders they need to have authorization, such as a green card or H1B Visa if they are professionals.
There is no way to _legally_ hire a non-US resident to be a model when the video is shot on US soil without that model applying for and receiving authorization, such as a green card.
Very well then. =)
That does make sense. Basically, it's akin to them setting up shop here without permission.
This lovely regulation applies exclusively to the production of sexually explicit conduct, not mainstream, non-adult content -- unless said sexually explicit conduct happens to be conveniently exempted under 4472 thanks to the bought-and-paid-for loopholes created for Hollywood and the television industry.
So if you're an English (or Canadian) actor who is not appearing in actual (or now, simulated, thanks to 4472) sexual conduct, or you are appearing in actual or simulated sexual conduct produced by a major television network or hollywood studio (the language is slightly more obtuse, but means the same thing) then you do not have to, under 2257, have a green card in order to be compliant.
For mainstream entertainment performers who are citizens of other countries, work visas for theatrical performers coming over for temporary visits (think bands, for example) are very easy to get. Porn performers probably not so much.
The US law does *not* require that US citizens (or US-based producers) shoot content in the US; the correspondence between FSC and DOJ clarified last year that the vague phrase "located outside the US" contained in the regulations means, in so many words, "where your feet are planted at the time the content is shot" and does not refer to country of residence.
So, for example, you could have a Canadian, a Mexican, and a French model, shooting content in Toronto, with a US-based producer/director and American and Canadian videographers, and be OK (at least with US regs) but you could not bring the Canadian, Mexican and French models into the US and shoot the scene there, under the current regulations.
At least as I understand it. Your mileage may vary.
Pierre, your best bet for now is to shoot your scenes in Canada. We have several Canadian models that we're now doing that with. I'm not sure about the US ID thing; I believe what Lee says is correct that you can get one with a Canadian passport, but I'm not as clear, in light of what Chad just said, on whether that US ID would be permissible as far as 2257/4472. I've emailed Chad for a clarification.
There are a lot of people working without proper authorization in the US already. The chances of a small employer getting caught or charged with a violation is small.
Someone who is legally in the US can get a driver's license that is valid for the period of time that they are allowed to remain in the US. So, if Bob has a visitor visa good for six months, he can get a driver's license good for six months, even though residents of that state can get a DL good for 4 years.Quote:
Originally Posted by gaybucks_chip
This is NOT the same as what 2257 requires OR what Customs and Immigration requires -- non-US residents can certainly drive in the US. That does not allow them to work in the US. These are two different issues -- so getting a state Drivers License or ID card still does not allow one to work, or satisfy 2257, if that person is not a US resident.
I think California is considering allowing any person to get a driver's license whether legally in the country or not. That would still not allow that person to be employed.
I think the scope of things here is quite amazing as undocumented illegals commute to and from California daily, to and from their under the table jobs and here we're talking about the type of visa to enter the country and do porn :crazy:
Isn't sodomy still illegal? Yet people do it, and it's filmed. Is the "law" being broken there? I think the supreme court might have overturned all the sodomy laws in 2003, though I'm not sure.
I think red tape and beurocracy take a back seat to common sense, although it's amazing the power the government legally has to fuck with you if they wanted to.
My BF went to Denver a few weeks ago and he was told by his employer here in Germany (a Boeing spinoff company's German office) to tell Immigration that he's there just for meetings NOT work... go figure :D
I recon everybody needs a valid working permit for the US if he's not a US citizen or has a Green Card.
Here on the Axis of Evil's German Branch we have a permit specially for "Arts" related issues such as photography - y'all might have the same stuff in the US as well.
Chip... if you shoot in Canada, do you need a canadien working permit?
Funny you should ask. I actually got arrested, hauled away in a paddy wagon, strip searched, and then Ryan and I were thrown out of Canada on an "immigrations" violation for shooting porn without a permit a couple years ago. This was the "consolation prize" for the police who embarrassed themselves when they couldn't find any other policies that we were violating. (long story).Quote:
Originally Posted by DEVELISH
When discussing the matter with the immigrations person, I said "OK, fine, let's go ahead and get the work permit, even though I was specifically told that we didn't need one." She checked into it and came back and told me that it wasn't possible to get a work permit... they were not available for issue. So it was a bit of a kangaroo court operation.
HOWEVER, when I researched it later, NAFTA very clearly says that I can, as a US citizen, come into the country to do work where that work results in Canadian citizens being temporarily hired and paid with funds from a US company. And the Canadian barrister I spoke with (who specializes in adult industry issues) told me that the immigrations person I spoke with was completely full of shit.
So... my understanding is that a work permit is not required for a US-based employer who sends its employee to work in Canada as part of his regular work. But the next time we go, we will definitely recheck with the barrister and have his phone number handy in case we have any issues.
A non-US citizen acquiring a work visa, to work in the US, makes perfect sense.Quote:
Originally Posted by chadknowslaw
The second you pass through customs you become an 'immigrant' thats why they get you to fill out the visa waiver form which, incidently, you are also going to need depending on which state you try to get your DL from :)Quote:
Originally Posted by pierrefitch
Regards,
Lee
Actually, i beleive they changed the law about this a few years back and, in certain circumstances, visitors to the U.S may be able to work without a permit however, i cant recall exactly what the conditions about this were but, as i say, in some circumstances, you are permitted to work in the US :)Quote:
Originally Posted by chadknowslaw
Regards,
Lee
YOU are correct. I've been through this before with someone. The paperwork alone can take a very long time to get back clearing you as a citizen. You can and will get temporary paperwork allowing you to work, but that still takes time and effort on your part, as well as money and usually an attorney.Quote:
Originally Posted by chadknowslaw
music to my ears~~Quote:
Originally Posted by JohnV