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'Deflated': NZ band denied entry to US after being deemed not 'big enough'

Author
Lana Andelane,
Publish Date
Fri, 11 Oct 2024, 7:18am
Christchurch heavy metal band Blindfolded and Led to the Woods has been forced to cancel their US tour after their visas were denied.
Christchurch heavy metal band Blindfolded and Led to the Woods has been forced to cancel their US tour after their visas were denied.

'Deflated': NZ band denied entry to US after being deemed not 'big enough'

Author
Lana Andelane,
Publish Date
Fri, 11 Oct 2024, 7:18am

A Christchurch heavy metal band has been denied entry to the United States after being deemed not “big enough” to qualify for working visas. 

Blindfolded and Led to the Woods had been eagerly planning an 18-date tour of the US and Canada, with the first show scheduled for Philadelphia on November 8. After spending some $20,000 on visa applications and associated fees, the band were excited at the prospect of expanding their fanbase and sharing music with their existing following. 

But in late September, Blindfolded and Led to the Woods received the news that their applications for P-1B visas had been denied. 

The official reason for the rejection was, “USCIS [United States Citizenship and Immigration Services] has denied the application as they don’t think the band qualifies”. 

In layman’s terms, they weren’t a “big enough band” to be approved, bassist Nick Smith told the Herald. 

“We got a response basically saying that US Immigration had decided we don’t qualify because we’re not ‘big enough’. There was obviously a bit of confusion because it seems quite arbitrary how you consider someone ‘big enough’. 

“It’s definitely not the reason I was expecting.” 

Comprising vocalist Stace Fifield, drummer Anthony Asimakopoulos, bassist Nick Smith and guitarists Stuart Henley-Minchington and Dan Hayston, Blindfolded and Led to the Woods formed in 2010 and has undergone several line-up changes, with their most recent project, Rejecting Obliteration, released last year. The group signed with American heavy metal label Prosthetic Records in mid-2021, and in 2023, the opportunity for a US tour “sort of fell into our lap”, Smith said. 

“To be honest, the US was actually quite low on the list of priorities, just because of how difficult it can be to get in.” 

The band was offered a spot on the tour alongside metal heavyweights Cytotoxin, Cognitive and Inoculation in September last year, and started the application process for P-1B visas in February. 

The P1 visa, categorised into P-1, P-2, or P-3, is a speciality US visa that only “certain athletes, entertainers, and artists who are coming to perform in the United States” are eligible for, according to an overview via the US Department of State. 

While they had heard of other bands performing in the US on a standard ESTA (an automated system that determines the visitors’ eligibility to travel under the visa waiver programme), the group decided to “try and do it properly”. 

However, musicians petitioning for the visa must be able to demonstrate they are a member of an “internationally recognised entertainment group”, defined as having a “high level of achievement in a field evidenced by a degree of skill and recognition substantially above that ordinarily encountered”, and “to the extent that such achievement is renowned, leading, or well-known in more than one country”. 

Each applicant is required to have their “petition” approved by the Department of Homeland Security before they can even apply for a visa. The process is notoriously expensive and time-consuming, requiring multiple pieces of evidence to demonstrate the applicant’s importance – with no guarantee it will be accepted. 

“On the recommendation of the record label, we were put in touch with a lawyer who specialises in bands and musicians. We had to supply all this evidence ... headlining shows, evidence of contracts with promoters, letters from industry professionals ... album sales, streaming numbers, all that kind of stuff,” Smith explained. 

With a response time of up to three months, the band paid the fee to have their application expedited as the tour loomed closer. Yet despite their efforts, Blindfolded and Led to the Woods were not deemed eligible for entry – receiving the verdict after a two-month wait. 

Smith admitted the band’s style of music can be “pretty niche”. 

“It’s not like we’re selling out stadiums, selling millions of records. But I would have thought that when a band is signed to an American label and [their] biggest streaming audience is in America, [they would have a chance],” he said.  

The band paid ”around $750″ to contest the decision, but they “wouldn’t have an answer by the time we were supposed to be in the States”. 

“By that point, we’d already spent close to $20,000 on the process – they’re very expensive,” Smith said. “Luckily, there is some form of support to help with the visa costs. We applied for that to try and get some cost back that way because at the moment, you know, everyone’s feeling a bit deflated – not only are we not going, but also it’s quite a big financial [strain]. 

“Even starting 10 months out from the tour didn’t quite seem to be long enough to do [the application] properly and have an understanding of the process.” 

Ultimately, Blindfolded and Led to the Woods announced to their fans on social media last week that they had no choice but to pull out of the tour. 

“We have contested it, but we’re still waiting for a response,” Smith said. “If somehow it does get approved, then we’ll still have 12 months to go, which is good. Hopefully we can book something else, but it’s also not a guarantee.” 

But Smith is concerned that if their dispute is unsuccessful, the band will have a denial on their records – which can make it more difficult to enter the US in the future. 

“When we try to go again, it’s going to make it harder for us.” 

A spokesperson for the US Embassy told the Herald they couldn’t comment on individual visa applications, but confirmed the P-1B visa was a temporary employment visa for the purpose of performing in the United States “as a member of an entertainment group that is recognised internationally as outstanding in their discipline for a sustained and substantial period of time”. 

“A prospective employer in the United States first needs to file a petition with US Citizenship and Immigration Services (USCIS). If the petition is approved, the beneficiaries can then apply for a US visa,” the spokesperson said.  

Death metal unit Cytotoxin, who hail from Germany, also encountered setbacks, Smith said. However, their larger audience appeared to help them across the line, with the band getting a tick of approval despite “a few issues”. 

At the time of writing, Blindfolded and Led to the Woods has just over 1300 monthly listeners on Spotify, while Cytotoxin has 16,500; the Kiwi group has a following of 1700 on Facebook, while the German rockers are sitting at 42,000. 

Smith confirmed their spot on the tour line-up has since been filled by another band. 

“The most important thing is how it seems like a bit of a catch-22 – how do you become a bigger band if you can’t go and tour places you haven’t toured before?” he mused. 

“That’s the thing that frustrates me the most because any other bands at our level, or even up-and-coming bands, they’re going to run into the same [issues] we are. I’m kind of glad that we’ve had 15 years of experience as a band because we have lots of experience to draw on in these situations. 

“But lots of younger bands, they’re going to find it so difficult – even, like, just the differences in how the music industry operates over there compared to here and in Australia. Because New Zealand is so small, everyone knows everyone.”  

While the outcome has “definitely been demoralising”, Smith is trying to stay positive and looking to future projects to keep the band motivated. 

“The good thing is that we’ve got other projects in the background,” he said. “We’ve got a new album coming out this year, which we’re finishing off, so we can sort of [channel] that demoralisation into other things. We’re already changing the focus and trying to link up with a booking agent. 

“One thing is that this has taken up most of the year, so when it doesn’t actually happen, it’s like, man – it feels like we’ve actually lost a bit of momentum because this big thing we were working towards [hasn’t happened].” 

Blindfolded and Led to the Woods are also preparing for two local shows. The band will open for American death metal unit Nile at Auckland’s Whammy Bar on October 22, and on November 1, they’re playing a hometown show in Christchurch. 

“We had booked what was going to be a fundraiser show in Christchurch to help raise money for the trip, but obviously with the trip not happening, the show’s still going ahead – but it’s pretty much a ‘recoup-funds’ show,” Smith laughed. 

The band are also dreaming of opening for Metallica next year, with the metal legends last month teasing a trip Downunder as part of their 2025 world tour. 

“All I can hope is if it’s true that Metallica are coming to Australia and New Zealand next year, maybe they see this and they can take us out with them, you know?” Smith laughed. 

“In 2010, the last time they were here, there was a big metal band from Christchurch that actually opened for them. I mean, there’s definitely a precedent.” 

Lana Andelane is an Auckland-based entertainment and lifestyle journalist who joined the Herald in 2024. She was previously lifestyle editor at Newshub, where she began her career as a digital news reporter in 2019. She enjoys writing about music, pop culture, fashion and beauty. 

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