O-1 Visa For Artists, Entertainers, Performers
The O-1 visa is for persons of extraordinary ability in the arts, entertainment, athletics, sciences, business and education. Specifically, there’s a specific type of O-1 visa reserved for talents in the Art, Performing art, and motion picture industry, called the O-1B visa. Any artist, performer, entertainer, producer, or designer may apply for a full-time position if they meet the criteria for the visa. The O-1 visa is the perfect visa for visual and performing artists, designers and consultants who are typically self-employed. Such individuals do not usually have full-time permanent positions but rather work for multiple employers on short or long-term projects or ongoing temporary assignments. In this article, we will go in depth into utilizing the “agent petition” type of O-1b visa for artists to work in the U.S.
Consult an O-1 Visa Attorney
Length of the O-1 Visa
The O-1 visa is granted for a maximum period of three years. After that, the alien may apply for annual extensions, or may apply for a new three year visa.
Defining “The Arts” for the O-1B Artist Visa
The arts include, but are not limited to, fine art, visual art, culinary and performing arts. Essential personnel such as directors, choreographers, set designers, make-up artists, and stage technicians are included in this category.
Those in the arts must show “distinction” in their chosen fields, namely that they are prominent in their field, and have achieved a degree of skill and recognition over and above the general level. The applicant must show evidence of being nominated for, or being the recipient of, a significant national or international award, OR meet three of the following criteria:
1. Has performed a leading or critical role in productions or events having a distinguished reputation;
2. Has received critical reviews in newspapers, magazines or trade journals;
3. Has performed a leading or critical role for organizations with a distinguished reputation;
4. Has a record of major commercial or critically-acclaimed success;
5. Has received significant recognition from organizations, critics, government agencies or other recognized experts in the field;
6. Has commanded or will command a high salary;
7. Comparable evidence may be submitted where the above categories do not apply.
Motion picture or TV industry
Those in the film and television industry are held to a higher standard than those in the arts although the same criteria are used. They must show a history of “extraordinary achievement” rather than mere “distinction.”
Extraordinary achievement means a very high level of accomplishment such that the applicant is recognized as outstanding notable or leading in the field of motion picture or television.
As of January 2022, the Motion Picture & Television (“MPTV”) standard has recently been updated to apply to various types of online content. While social media content will generally not fall into the MPTV category, streaming movies, web series, commercials and other programs that correspond to more traditional motion picture & TV productions will now be considered under the higher MPTV standard of “extraordinary achievement.” This standard will apply even if the artist will also be undertaking assignments outside of the MPTV industry in addition to those within it. It will not apply to non-MPTV artists who are just demonstrating, discussing, or promoting their work in an MPTV production as such activity is just incidental to their vocation. People hired by a production company to conduct interviews, film broadcasts etc. are considered to fall under the MPTV category.
Science, Business and Athletics
Applicants in these areas must show that they are one of a small percentage to have reached the top of their field. They can show national or international acclaim through receipt of a major international award or show evidence that they meet three of the following criteria:
1. Has received a nationally or internationally recognized award;
2. Holds membership in an organization that requires outstanding achievement;
3. Published materials about applicant in professional or trade publications;
4. Has served as a judge of the work of others;
5. Has produced original scientific or scholarly work of major significance in their field;
6. Is the author of scholarly work;
7. Has been employed in a critical role by an entity with a distinguished reputation;
8. Has received or will receive a high salary.
O-1 visas may be issued for a maximum period of three years. Thereafter, they may be extended indefinitely on an annual basis or a new three year visa may be obtained. As with most nonimmigrant visas, an alien in the U.S. in valid nonimmigrant status, such as B or F, may file for a change of status to O-1 without leaving the country. Alternatively, the alien may choose to return to his or her home country in order to receive an O-1 visa stamp in his or her passport at the U.S. Consulate.
O-2 visas are available for those accompanying the principal O-1 visa holder if their work is an integral part of the principal visa holder’s performance or artistic endeavors and they possess critical skills and experience that are not of a general nature and cannot be performed by other individuals.
The O-1 visa, a viable alternative to the H-1B…
In tune with the times, our office handles O-1 visas for those in the hi-tech fields of Artificial Intelligence (“AI”), cyber security, engineering, robotics, and internet-based applications. We also represent entrepreneurs and start-ups in a variety of fields, including growth marketing, real estate development, health, medicine and the sciences.
Spouses and children of O-1 visa holders are granted O-3 visas.
Note that is it possible to have concurrent O-1 visas. This can happen where the visa holder is already working for one employer on an O-1 visa and wishes to accept a second part-time position or to work through an agent on occasional temporary assignments. In such a situation, the agent would file for a second O-1 visa and the foreign national would then be authorized to work for two separate employers.
Sample list of O-1 visa professions:
· Translator/Editor/Writer;
· Videographer;
· Photographer;
· Stage and Screen Actor;
· Radio & TV Announcer.
· Painter/Sculptor/Installation/Multimedia Artist;
· Lighting/Sound Designer;
· Set Designer;
· Graphic Designer;
· Motion Graphic Designer;
· Animation Artist;
· Illustrator;
· Furniture Designer;
· Industrial/Product Designer;
· Jewelry Designer;
· Musician/Composer/Songwriter;
· DJ/Producer;
· Fashion/Costume Designer;
· Fashion Stylist;
· Hair and Make-Up Artist;
· Nail Artist;
· Dancer, Singer and Choreographer;
· Model;
· Landscape Architects;
· Director of Programming;
· Product Manager;
· Software Engineer;
· UX Designer;
· Interaction Designer;
· Digital Content Producer;
· Public Relations Specialist;
· Speaker/Presenter;
· Coach;
· Tattoo Artist
The O-1 Visa Process
Thorough preparation and attention to detail is the key to O-1 visa success. Have a professional review of your background and materials. Even if your background does not conform strictly to the O-1 criteria, talking to an experienced immigration lawyer will give you insight on alternative strategies that may work. When you work with us, our office will conduct an intensive review of your materials to determine eligibility and requirements. In some instances, you may need to obtain more evidence or experience before we determine that the case is strong enough. Some cases can be ready for filing within a few weeks, others take up to six months to prepare.
After reviewing your materials, our office will advise you what materials are needed to ensure a strong case. We will provide templates and examples appropriate for your case, and work with you to prepare the evidence. Our goal is submit a thoroughly documented case and to get a straight approval without receiving a Request for Evidence (“RFE”), which can create long delays.
Amongst many other types of O-1 cases, we have been successfully processing O-1 visas for interdisciplinary designers, artists, musicians, and experimental designers. These cases are challenging since oftentimes our clients fields of expertise are new and upcoming.
About the Author:
Toni Xu is an immigration attorney who specializes in representing immigrants with extraordinary abilities in O1 and EB1 cases.
The information on this page should not be construed as legal advice.