O Visa - United States Immigration For Entertainment Industry Professionals
Whatever your reasons may be for considering a move to the U.S.A., your extraordinary achievement and proven ability in your field of endeavor, whether the arts, film or television industries for example, may be your ticket to entry. This opportunity comes to you in the form of an O-1 visa of which there are two types.
The first type, the O-1A visa is applicable to those persons who have "extraordinary ability" in the fields of science, art, education, business, or athletics. The second category is the O-1B visa which specifically applies to those persons who have a record of extraordinary achievement in the motion picture or television industry. There are great similarities between the visa requirements for the O-1A and O-1B visa. Note that this article is not to be taken as legal advice and it is recommended to speak with an immigration attorney to evaluate your specific case.
Let's take a look at one of these categories in more detail, the O-1B Visa. How does one prove that you have reached a demonstrated level of prominence in your field enough to qualify for an O-1B visa? Well, the regulations are structured in a manner that provides an applicant with two opportunities to qualify.
The first, an extremely limited opportunity, requires an applicant to have received recognition for his/her work via a major nationally or internationally recognized award such as an Academy award or an Emmy or its equivalent.
The other, much more accessible opportunity to qualify for this visa requires an applicant to satisfy at least three of six suggested criteria. Note that although the regulations state that only three of these six need be proven, a well prepared petition will touch on as many of these six as possible. So let's briefly consider these six in turn:
The beneficiary of an O-1B visa petition must evidence, through a variety of possible evidentiary forms that he/she has:
1. Performed and will perform services as a lead or starring participant in a production or event that has a distinguished reputation;
2. Received national or international recognition for achievements (note that this does not have to rise to the level of an Academy award to be persuasive);
3. Performed or starred in a lead role for an organization that has a distinguished reputation;
4. A record of commercial or critically acclaimed success as evidenced via standing in the field, ratings, reviews, or through others forms of evidence;
5. Received recognition for achievements from organizations, critics, or other experts in the field via testimonials; and/or
6. Commanded or will command a high salary for services in relation to others in the field.
Accordingly, it is clear that one of the keys to a successful O-1B visa petition is to show that your degree of skill and recognition is above that level ordinarily encountered in the field.
Note that there are a number of additional requirements as well which need to be addressed in order to successfully petition for an O visa which are not addressed herein. Accordingly, it is clear that a key focus of an O-1 visa petition is to show that your degree of skill and recognition is exceptional and is above that level ordinarily encountered in the field.
The O visa is generally granted to qualifying beneficiary's for the period of time evidenced in the Beneficiary's itinerary as provided by the Beneficiary's employer or numerous individual companies/venues at which the Beneficiary will perform or partake in events. The maximum period of time that can be granted on each initial O-1 visa is three years, although extensions may be applied for. Note it is possible to also have a green card case on file while a person is working in the U.S. on their O visa. This dual intent is an important feature of the O visa which is not present with all non-immigrant visas types.
Hopefully this article was informative and served its intended purpose of providing some basic background information relating to one of the immigration options available to those persons with evidences extraordinary ability in their given field.
