Persons with exceptional talent in the arts, entertainment, sports, sciences, business, or education are eligible for the O-1 visa.
The O-1B visa is a special sort of O-1 visa designated for individuals with talent in the performing arts, visual arts, and film industries. If they meet the requirements for the visa, any artist, performer, entertainer, producer, or designer may apply for a full-time position. The O-1 visa is the ideal visa for self-employed designers, consultants, visual and performing artists. These people frequently work for many businesses on continuing temporary assignments or short-term projects rather than full-time permanent jobs. Using the “agent petition” will be covered in detail in this article.
Duration of O-1 Visa
The O-1 visa can be obtained for up to three years. After that, the foreigner may submit applications for new three-year visas or for yearly extensions.
How “The Arts” are defined for the O-1B Artist Visa
Fine art, visual art, culinary arts, and performing arts are only a few examples of the arts. Directors, choreographers, set designers, make-up artists, and stage technicians are included in this group of essential personnel.
Arts professionals must demonstrate “distinction” in their chosen disciplines, i.e., that they are well-known in their industry and have attained a level of expertise and reputation above and above the norm. An important national or worldwide award must have been nominated for or won by the candidate, OR they must satisfy three of the following requirements.
- Has played a pivotal or prominent role in projects or events with a prestigious reputation;
- Has earned unfavorable reviews in magazines, newspapers, or professional publications;
- Has held a pivotal or executive position for businesses with a prestigious reputation;
- Has a track record of significant commercial or critical success;
- Has attracted substantial attention from groups, opponents, governmental bodies, or other authorities in the sector;
- Has or will soon command a high wage;
- In cases where the aforementioned classifications do not apply, comparable evidence may be offered.
Movie or television industry
Despite using the same standards, those in the film and television industries are held to a higher standard than those in the arts. Instead of just showing “distinction,” they must demonstrate a history of “exceptional achievement.”
A candidate must have extraordinary achievement in order to be regarded as remarkable, renowned, or the industry leader in the field of film or television.
The Motion Picture & Television (“MPTV”) standard will begin to apply to various forms of internet material as of January 2022. Streaming movies, web series, commercials, and other programs that are comparable to more conventional motion picture & TV productions will now be considered under the higher MPTV standard of “extraordinary achievement,” even though social media content will generally not fall into the MPTV category. This standard will be followed even if the artist takes on projects that are not related to the MPTV business in addition to those that are. Non-MPTV musicians who are just starting out won’t be affected by it. The MPTV category includes individuals hired by a production company to do interviews, broadcast films, etc.
Sports, business, and science
Candidates in these fields must demonstrate that they are among the elite few who have attained the pinnacle of their profession. They can demonstrate their popularity on a national or international scale by winning a prestigious prize abroad or by providing proof that they satisfy three of the requirements listed below:
- has won a trophy recognized both domestically and internationally;
- Is a member of an organization that demands exceptional performance;
- Information about the applicant that has been published in specialized or industry media;
- Has evaluated others’ work as a judge;
- Has created unique scholarly or scientific work that is highly significant in their discipline;
- Authored a scholarly article;
- Has worked for a company with a reputable reputation in a crucial position;
- Has earned a large wage or expects to.
O-1 visas can be obtained for up to three years. After that, they can be renewed for another three years or extended perpetually on a yearly basis. An foreigner in the U.S. with a valid nonimmigrant status, such as B or F, may apply for a change of status to O-1 without leaving the country, as is the case with the majority of nonimmigrant visas. The alien also has the option of leaving the United States and traveling back home to obtain an O-1 visa stamp at a U.S. Consulate.
O-2 visas are available for people traveling with the principal O-1 visa holder if their job is an essential component of the principal visa holder’s performances or artistic activities, and they have essential qualifications that are not generic in nature and cannot be fulfilled by anyone else.
An excellent substitute for the H-1B visa is the O-1 visa.
Our office processes O-1 visas for professionals working in high-tech industries such as artificial intelligence (AI), cyber security, engineering, robotics, and internet-based applications. We also represent start-ups and entrepreneurs in a range of industries, such as growth marketing, property development, healthcare, and the sciences.
O-3 visas are given to the spouses and kids of O-1 visa holders.
Keep in mind that O-1 visas can be held concurrently. This can occur if a person holds an O-1 visa and is currently employed by one company, but wants to accept a second part-time job or occasionally take on temporary jobs through an agency. In this case, the agent would apply for a second O-1 visa, allowing the foreign national to work for two different companies.
O-1 Visa Procedure
The secret to obtaining an O-1 visa is careful planning and attention to detail. Review your background and documents with a specialist. Even if your past does not strictly fit the O-1 requirements, speaking with an adept immigration lawyer will give you insight on potential alternatives. When you deal with us, our office will thoroughly analyze your papers to ascertain your qualifications and needs. Before we decide that the case is solid enough, you might occasionally need to gather more proof or experience. Some cases can be prepared in a matter of weeks, while others can take up to six months.
Our office will let you know what materials are required to ensure a strong case after analyzing your submissions. In addition to working with you to prepare the evidence, we will offer templates and samples that are applicable for your case. Our objective is to submit a case that is well documented and to receive a straight approval rather than an RFE, which can result in protracted delays.