People, Objects, Places: My Story as an Immigrant in Art Law
Photographs taken at the Whitney, The Fleur Room, and 1 Hotel Brooklyn Bridge in New York.
Hello! I am Atreya – an attorney and ardent lover of the arts. As the Director of Legal Research at the Center for Art Law, my journey into the world of art law as an immigrant in the US has been nothing short of transformative. It has been a story of passion, perseverance, and unyielding belief in the power of education and community.
A Blank Canvas
Growing up in India, I have always been captivated by the country’s rich history, culture, and heritage. From majestic monuments to intricate handicrafts, from classical dance forms to vibrant festivals, India's profound artistic legacy is deeply ingrained in everyday life. It is easy to fall in love with beauty and art amidst such an inspiring backdrop. Yet, it was a trip to New York in 2018 that ignited my fascination with art law. Walking through the MoMA, I found myself standing before an exhibition of blank canvases accompanied by an audio installation. The juxtaposition of visual emptiness and bare auditory stimulation sparked a torrent of questions in my mind, but the really big one was: Can a blank canvas be protected under copyright law? How? Would this prevent others from creating with blank canvases and painting with white in general?
These questions consumed me. This singular moment of inspiration at the MoMA was a turning point, revealing to me that the legalities surrounding art were as dynamic and evolving as the art itself, necessitating a thorough understanding and advocacy for artists' rights. Therefore, I wrote a thesis on contemporary copyright in modern art in law school back in India.
My journey took another pivotal turn when I explored the legal status of deities in India – a chance afforded to me when I reached out to the Center for Art Law in 2019 for the first time and contributed as a guest writer. The Center is a non-profit research organization in New York. During my research, I discovered that idols or statues of deities in India are considered legal entities under Hindu Personal Law. They possess legal personality, meaning they can own property, be parties to lawsuits, and even provide testimony in court. This revelation was astonishing to me. The idea that an idol could have a trust endowed to it or be a witness in court challenged my understanding of law and its application to cultural and religious artifacts. This research not only enriched my knowledge but also underscored the profound connections between art, law, and cultural heritage.
Intrigued by the protection of blank canvases and the legal status of deities in India, I realized I wanted to specialize in copyright and art law. This realization led me to New York, the center of the art world, to pursue a Master of Laws at New York University in 2021. NYU's program—with its focus on Competition, Innovation, and Information Laws—was the perfect place to deepen my understanding of intellectual property, copyright, and art law.
A Master of Laws and Finding a Job in a Global Pandemic
Exploring New York during 2021.
Pursuing a Master of Laws at NYU during COVID-19 (and a peak New York winter) was a test of resilience. I remember a whole bunch of us international students, out in the snow, freezing since there was no indoor dining, reassuring ourselves that we were very much enjoying a glass of wine in –2 ºC weather. But of course, the challenge of transitioning from an F1 student visa to securing employment in a new country amidst a global crisis was even more daunting. The prospect of finding a job before graduating my now 8-month masters program due to COVID, to activate my Optional Practical Training (OPT), was another challenge. Finding a position that would allow me to temporarily work in the US was a race against time, compounded by the uncertainties of a pandemic-stricken job market.
Planning and passion were my guiding stars, along with my incredibly supportive family encouraging my every step from India. I reached out to the Center for Art Law just a couple of months into my masters program at NYU, leveraging my previous work with them, and was offered to be the inaugural Judith Bresler Fellow – an opportunity nothing short of a miracle, as it allowed me to work in a dream position during the pandemic in New York City.
However, as an immigrant, I quickly learned that time is a luxury I could not afford. Having a dream position was definitely an incredible feat ... but sustaining it was a whole other concern.
Two months into the fellowship, I faced the monumental task of proving my worth for visa sponsorship. Convincing an organization to sponsor an immigrant visa is a Herculean task, especially when they barely know you. I had thrown myself into my work the minute I joined (it was easy because I truly loved the work I was doing), and I was determined to demonstrate my value. The Center and I were honestly a match made in heaven, and I was extremely lucky to have a very supportive employer who agreed to sponsor my H1B work visa. However, the H1B is a lottery-based system, which means it is also very much based on luck, and I didn’t win the lottery. I quickly changed gears and researched my next option to apply through a cap-exempt visa, which still requires H1B sponsorship but minus the lottery. With tremendous support from the Center and an immigration attorney, I navigated the complex visa process and personally prepared an 80-page document to prove the Center’s and my eligibility for a cap-exempt H1B visa.
The months of uncertainty which followed were excruciating as I awaited a decision. The delay in filing my petition also left me in limbo, unsure if I would be able to stay in the country. When my visa was finally approved, it felt like a hard-won victory. But the challenges did not end there. I could not travel back home for over a year, waiting for appointment dates to get my visa stamped, owing to the backlog of cases, courtesy COVID. Each hurdle required meticulous planning, research, and the ability to have difficult conversations with employers, attorneys, as well as friends and partners, not knowing where I would be and for how long I would be there.
I also specialize in AI and art law. There are many legal and ethical considerations around AI-generated art, but the topic is fascinating to explore. The images above are generated with DALLE-2 and printed on canvas.
The Interconnectedness of Art, Law, and Immigration: Challenges and the Way Forward
Despite these challenges, I am now in a city I’ve always dreamed of, pursuing a career in art law! Every day is filled with excitement, love, and life, making it easy to remind myself why I embarked on this journey. My initial perception of immigration and being an “immigrant” was fraught with negativity, but my experiences have reshaped this view. Working with immigrant artists at the Center has made me proud of my journey. My story is not just about navigating the legal intricacies of immigration and employment. It is about the profound interconnectedness of art, law, and immigration. As an art lawyer, I see firsthand how legal protections empower artists, many of whom are immigrants like myself. Our shared experiences create a unique bond and a shared mission to ensure that art and artists are respected and protected under the law.
As immigrants, we are always planning. And it is exhausting. I had to plan my masters course two and a half years in advance. The OPT and job search felt rushed during my program, and just two months into my fellowship, I had to start planning for sponsorship for the next year. As I write this, I am already working towards renewing my visa for another year! The constant need to plan months or years in advance is draining, but it is a necessity in this journey.
Many immigrants might also experience self-doubt: "Am I worthy of sponsorship? Will they sponsor me?" But it is essential to remember that if you have made it this far – you have the credentials and the worth. Be proud and confident in what you bring to the table, and work with what you have. It is not about entitlement, but about recognizing your value and articulating it effectively.
Specifically in the art world, and as an immigrant, you often find yourself putting in 500% of effort for getting 60% in return, or sometimes, the bare minimum. The financial strain is also significant, with questions such as how to pay immigration and attorney fees, where to find immigration attorneys, and what resources to look at for salaries, full-time positions, benefits, and health insurance. These are critical issues no one talks about openly. Hiring discrimination, lack of work experience, and the mental and financial burden of immigration status add to the already-complex process.
What are a few things to keep in mind while navigating immigration and visa issues in the art world?
Be open to education and conversations: Building a community and networking are crucial. Be open to education and actively participate in conversations. Build others up too. New York is a big city with towering skyscrapers; we can all be those skyscrapers, supporting each other. Talk about the challenges, ask questions, and equip yourself with all the information you can. Seek resources and community guidance, and don't be shy about asking questions and selling yourself. Know that you are worthy of sponsorship.
Understand visa options: Research different visa categories available for your career and educational background. Understand the specific requirements and eligibility criteria for each visa. For instance, an artist I know faced issues in their country regarding freedom of expression and immigrated to the U.S. on a student visa to study law.
Identify sponsorship-friendly industries: Some industries are more open to sponsoring visas than others. Identify sectors with a higher demand for your skills and a history of visa sponsorship. Also look for employers known for sponsoring visas. Explore their hiring practices, review employee testimonials, and understand their commitment to supporting international talent.
Networking: Build a strong professional network, both online and offline. Attend industry events, join professional associations, and connect with professionals in your field. Networking can open doors to potential sponsors.
Stay Informed About Visa Policies: Regularly check for updates on visa policies. Being aware of these changes will help you adapt your job search strategy accordingly.
Research H1B Cap-Exempt Employers: Explore opportunities with H1B cap-exempt employers such as universities, research institutions, and certain non-profit organizations. These employers may have more flexibility in sponsoring visas.
Conclusion: Embrace the Journey & Enjoy What You CAN Control!
While I never used to paint or sketch in law school, working with artists inspired me to create with simple mediums, textures, and colors, which I now find very therapeutic!
From a curious tourist at the MoMA to an advocate for artists’ rights, my journey from India to New York has been filled with challenges and triumphs. Each step has taught me the importance of resilience, self-advocacy, and community. As an immigrant and woman in the art-legal world, I find it crucial to be confident and proud of your achievements. Be a little narcissistic – you have done cool things, and you should be able to show them off a little! Talking about your work and accomplishments is not just for visa purposes; it is about owning your narrative and showcasing your worth.
To all aspiring immigrant professionals and artists, remember that your journey is unique and valuable. Equip yourself with knowledge, build a strong network, and never shy away from asking questions or seeking help. I could not have made it this far without having conversations and venting to my family and friends who helped me see the light at the end of the tunnel. Community is so important.
Recognize your worth and be proactive in pursuing your dreams. Our experiences shape us, but our actions define us. Embrace your journey and enjoy what you can control! As a personal note, while on my H1B, although I do not have the luxury of having multiple employers or jobs, I have taken to fostering pups and volunteering at rescue shelters. Hanging out with loving dogs is an amazing way to de-stress after a hard day (definitely some form of therapy!) I am a big believer in controlling what you can and enjoying the things you love, despite challenges which will always be ahead.
Do something you love! Fostering puppies with Waldos Rescue, New York.
