O-1B Extraordinary Ability in the Arts
The O-1B visa for Extraordinary Ability in the arts is a visa that allows businesses, agents or other sponsors to recruit foreign artists who meet the US government’s definition of being “extraordinary.” Individuals who have been featured in media, played an important role in artistic productions or organizations, or been featured in or taken part in productions that achieved significant popularity or success may be able to obtain an O-1B visa.
The O-1B visa is also one of several ways for a non-citizen entrepreneur to open a US company and come to the United States to operate it, as the beneficiary of an O-1B visa may also legally be the owner of the U.S. petitioning company that petitions their visa.
An O-1B petition can be approved for a period of up to three years, and can be renewed an unlimited number of times. Therefore, once approved, the O-1B can provide the beneficiary with stable long-term legal status in the United States while options for permanent residence are explored, if this is the ultimate goal.
The O-1B is also an option for individuals who do not desire to live permanently in the United States, it can also be an ideal visa for those who desire only to come and work in the U.S. legally for specific events or projects, or for U.S. agents or employers who wish to bring foreign workers for this purpose.
For the purposes of the O-1B visa, the definition of what constitutes the “arts” is extremely broad, and is defined as “. . . any field of creative activity or endeavor such as, but not limited to, fine arts, visual arts, culinary arts, and performing arts.” Eligible professions include, among many others:
Singers
Actors
Performers of virtually any type
Painters
Graphic designers
Animators
Directors
Chefs
Fashion designers
Barbers
Illustrators
Photographers
Interior designers
Sculptors
Regardless of which profession within the arts an individual works in, to qualify an individual must have won a major national or international award in their field, or otherwise meet at least 3 of the following 6 criteria:
(1) Evidence that the alien has performed, and will perform, services as a lead or starring participant in productions or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications contracts, or endorsements;
(2) Evidence that the alien has achieved national or international recognition for achievements evidenced by critical reviews or other published materials by or about the individual in major newspapers, trade journals, magazines, or other publications;
(3) Evidence that the alien has performed, and will perform, in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation evidenced by articles in newspapers, trade journals, publications, or testimonials;
(4) Evidence that the alien has a record of major commercial or critically acclaimed successes as evidenced by such indicators as title, rating, standing in the field, box office receipts, motion pictures or television ratings, and other occupational achievements reported in trade journals, major newspapers, or other publications;
(5) Evidence that the alien has received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field in which the alien is engaged. Such testimonials must be in a form which clearly indicates the author's authority, expertise, and knowledge of the alien's achievements; or
(6) Evidence that the alien has either commanded a high salary or will command a high salary or other substantial remuneration for services in relation to others in the field, as evidenced by contracts or other reliable evidence
Why should you hire Patriot Immigration Law Group to work on your O-1B visa?
One can plainly see from reading through the criteria shown above that all of the criteria to some extent have subjective or unclear requirements.
For example – How does one gauge whether an award is “major” or not? How does one prove that a production or organization has a “distinguished reputation” according to the government’s definition ? What salary constitutes a “high salary” ? What constitutes “significant recognition” ? The guidance of an experienced immigration attorney can shed light on how these vague or unclear requirements are implemented in practice, thus significantly increasing the chances of the petition being approved.
Our services included developing a robust petition for each individual, wherein we present the available evidence in such a way as to meet as many of the relevant criteria as possible. An experienced immigration attorney can help determine if an individual has a winnable case, and if not, can help to analyze alternative options.
Any questions?
How can one obtain a permanent residence (green card) after obtaining an O-1B visa?
Two of the most common paths to obtaining permanent residency after while on O-1B status include:
EB-1A Extraordinary ability visa [Learn More] –
It is very common for holders of the O-1B extraordinary ability temporary work visa to thereafter file for the EB-1A extraordinary ability immigrant visa (green card). Though the requirements of the O-1B and EB-1A are similar in many ways, they also have some notable differences, and not everyone who qualifies for an O-1B will qualify for an EB-1A, at least in the short term.
Our law firm always includes an analysis for eligibility for the EB-1A immigrant visa (green card), together with our analysis of the O-1B. If we determine that the EB-1A is not viable in the short term, we also develop a detailed plan, together with the applicant, to help them guide their career in such a way as to become eligible for an EB-1A green card in the future.
Labor Certification (EB-2 or EB-3)
If a US employer wishes to file a petition for permanent residence for their O-1B employee, a labor certification is an option to consider. This process requires a US employer to test the labor market and conduct recruitment to first ensure that there are no qualified and willing U.S. workers ready to accept the job offer.
Though the above possibilities may be considered, any family or employment based green card process can lead to permanent residence, assuming that the beneficiary and petitioner meet all of the requirements.
Contact our law office today to schedule a consultation to discuss the possibility of filing an O-1B petition.