THE IMMIGRATION LAWYER FOR ARTIST ENTREPRENEURS, CREATIVE PROFESSIONALS, AND ORGANIZATIONS OF INNOVATION
Our approach is simple: proven results coupled with personalized customer experience. We believe every client should receive the highest level of expert immigration advice, so all our cases are handled only by experienced licensed attorneys, not paralegals. We provide fast and efficient visa case preparation, and guided support every step of the way. We have a 100% approval rate for all immigration cases, and provide answers to questions in less than 24 hours.
WHO WE SERVE
Our law firm specializes in immigration law with a distinct focus on individuals and organizations from the creative and artistic industries. Whether you are a creative professional in theatre, fashion, graphic design, multimedia arts, photography, music, dance, film, or more, our firm is perfectly poised to handle all of your immigration needs. Our Founding Partner is also an artist himself, so there is never any need to have to explain what you do, because we already know.
If you are interested in living and working in the United States, we have the best immigration solution for you at an affordable price. Even if you do not qualify for the O1 / Artist visa, our experience in a wide variety of other employment visas such as the H-1B, H-1B1, L, P, Q, as well as family based immigration, means we can find the best solution for all your immigration needs.
If you are interested in living and working in the United States, we have the best immigration solution for you at an affordable price. Even if you do not qualify for the O1 / Artist visa, our experience in a wide variety of other employment visas such as the H-1B, H-1B1, L, P, Q, as well as family based immigration, means we can find the best solution for all your immigration needs.
MEET YOUR NEW LAWYER
Marcus Yi, Esq. provides personalized immigration law representation for both employment and family based immigration matters. An artist himself, Mr. Yi understands the unique nature of the arts industry, and is fully qualified to provide the best service for artists seeking to work in the United States.
He has represented corporations, non-profit organizations, and individuals, in the process of obtaining temporary visas for work, study and training, lawful permanent residence (a “green card”) and U.S. citizenship. He advises employers and individuals on all phases of immigration applications, from screening prospective hires to identifying visa strategies for new jobs and career transitions, through employment-based paths to permanent residence and naturalization.
Marcus Yi graduated from St John’s University School of Law, where he earned a Juris Doctorate degree in 2011. He is a member of the New York State Bar and is licensed to practice in State and Federal court. He is also a NYC member of the American Immigration Lawyers Association New York Chapter.
He has represented corporations, non-profit organizations, and individuals, in the process of obtaining temporary visas for work, study and training, lawful permanent residence (a “green card”) and U.S. citizenship. He advises employers and individuals on all phases of immigration applications, from screening prospective hires to identifying visa strategies for new jobs and career transitions, through employment-based paths to permanent residence and naturalization.
Marcus Yi graduated from St John’s University School of Law, where he earned a Juris Doctorate degree in 2011. He is a member of the New York State Bar and is licensed to practice in State and Federal court. He is also a NYC member of the American Immigration Lawyers Association New York Chapter.
CLIENT REVIEWS
Actress Francesca Ravera
Marcus is an extremely knowledgeable attorney, whose integrity, honesty and straightforward communication showed since our first meeting. Few minutes into the consultation, I knew I was in good hands. He proved me right. He is very responsive, reliable, kind, easy to work with and organized. Working with him was smooth sailing, and my O-1 visa was approved in 11 days. I highly recommend Marcus for any visa or immigration needs.
Amy Wang Clarinet Player
Marcus was the best lawyer I could ever ask for. He always respond to my questions and emails right away and even on weekends. I felt I was in good hands through out the entire visa process. Thank you for making the O1 application process as stress free as possible. I’m so glad I choose to go with Marcus, it was the best decision I made. Thank you Marcus!
Actress Adriana Rossetto
Marcus is one of those rare wonderful professionals that you meet once and keep around for the rest of your life. Not only he is kind, honest, diligent and incredibly punctual, he's also supportive and helpful in a very straight-to-the-point no-bullshit kind of way. Many times when I got lost and distracted by emotions stopping the process, Marcus was firm and affirmative in getting me from A to B breaking down the process in manageable steps that would not overwhelm me.
Hsiu I Lu Stage Manager
To give the 3 most valuable strengths of Marcus before I move on:
1. He works with you in person. (He even hole-punches each hard copy of your material by himself!)
2. He is an artist in Theatre too, so he knows the content of this industry better than other lawyers.
3. He HAUNTS people if you don't send him what you promise to give him on time! I personally interpret it as an act of being responsible.
Marcus is professional and experienced. We've worked on my O-1 application for approx. 8 months and finally got approved. Marcus has been the best teammate throughout the entire process. He worked with professionalism and efficiency. Whenever I got stuck with preparing the supportive material and other paperworks, I felt comfortable to reach out to Marcus and throw him my tons of questions. Our communication was pretty straightforward, which I liked very much. I highly recommend Marcus to anyone that wants to apply the O visa.
1. He works with you in person. (He even hole-punches each hard copy of your material by himself!)
2. He is an artist in Theatre too, so he knows the content of this industry better than other lawyers.
3. He HAUNTS people if you don't send him what you promise to give him on time! I personally interpret it as an act of being responsible.
Marcus is professional and experienced. We've worked on my O-1 application for approx. 8 months and finally got approved. Marcus has been the best teammate throughout the entire process. He worked with professionalism and efficiency. Whenever I got stuck with preparing the supportive material and other paperworks, I felt comfortable to reach out to Marcus and throw him my tons of questions. Our communication was pretty straightforward, which I liked very much. I highly recommend Marcus to anyone that wants to apply the O visa.
Actor/Singer Leo Chang
Marcus is the one. He is very knowledge both in the law and entertainment industry. He gave me many constructive feedback even before I decided to work on my O-1 Visa with him. During the process, he is always on top of everything and always respond very quickly. The best part is that he always gives you his most honest thoughts, which is very important in my opinion. If you are looking for a lawyer for your visa, give him and call! I highly recommend Marcus!!
Flautist Guillermo Laporta
Marcus is great! Got my visa O1 approved. He was very easy going, but solid during the process. Thank you. Totally recommended! I'll be back for the Green Card.
Actor / Singer Jann Punwattana
I've worked with Marcus Yi twice in 2015 and 2018 for the O-1 / Artist Visa petitions. Both times were successful and worry-free. Working with Marcus, I can ensure you are in a good hand. With him being an O1 visa lawyer and an artist, he understands thoroughly what was needed in my cases. He knows the process very well and was very organized. Marcus is responsive and always tries his best to clarify any of my questions or concerns. The most important thing that I worked with him is that he is very honest and caring. I highly recommend Marcus Yi for immigration needs especially if you are an artist applying for O-1 / Artist Visa.
Multimedia Artist Carrie Beehan aka Trystette
Over and over again, I recommend and send people to Marcus Yi for expertise, solid advice and consultations regarding Immigration. He has a consistent track record of successful visa applications made on my behalf and many a colleague with Immigration questions has come away so impressed with his knowledge and no how. O-1 Artists I advise you to work with this expert O1 visa lawyer. Worth his weight in gold and more!!!
Actor / Singer / Dancer Jee Heng Liao
I worked with Marcus for my O1 / Artist Visa application. Marcus is very professional, well-educated and reliable. He is really precise about how the documents should be formed and written. Which is really good because you won't need to redo everything again and again.
Highly organized and efficient at work are the best traits of Marcus. I'm personally very aggressive while preparing for the Visa application and we worked perfectly together.
If you are an artist, Marcus will be one of the best O1 visa lawyers to work with.
He is also in the performing art industry so he totally understands how you feel and how/what can you prepare for the O1 / Artist visa application. Not all the O1 visa lawyers know anything about the art industry, so I strongly recommend to work with an o1 visa lawyer with an artistic background and knowledge like Marcus.
Highly organized and efficient at work are the best traits of Marcus. I'm personally very aggressive while preparing for the Visa application and we worked perfectly together.
If you are an artist, Marcus will be one of the best O1 visa lawyers to work with.
He is also in the performing art industry so he totally understands how you feel and how/what can you prepare for the O1 / Artist visa application. Not all the O1 visa lawyers know anything about the art industry, so I strongly recommend to work with an o1 visa lawyer with an artistic background and knowledge like Marcus.
Composer Hung Ping Chang
Highly recommends Marcus, a O1 visa super lawyer! He helped me for the O1 / Artist visa last year. He is well organized and efficient in each process and detail! By patiently listening to every person's situation, he always points out the instruction and guidance precisely that we know how to prepare and run through the "O1 / Artist visa journey". In addition to his professional attitude, he is also a friendly and outgoing lawyer that you always can feel that he is on your side and trying to help you with his whole heart! It is my pleasure to meet Marcus! If you have any immigration issue, go visit Marcus!!!
Actor Kiat Sing Teo
Besides being effectively bilingual, O1 visa lawyer Marcus Yi also has in-depth knowledge and first-hand experience with the artistic industry, which crucially informs his services. Any artist, or anyone, seeking legal advice or immigration services will also appreciate this office's responsiveness, responsibility and meticulousness.
Actor Mariel Reyes
I highly recommend Marcus Yi for all of your immigration needs. He helped my dad to get his green card and was extremely responsive, communicative, and helpful during the entire process.
I really appreciated the fact that he was always available and willing to answer any and all questions; you know that he truly cares for his clients and is committed to providing you with excellent service.
My dad was so impressed with his services that now he is retaining Marcus again for another immigration case. If you are in search of an effective and communicative immigration lawyer, look no further than Marcus Yi.
I really appreciated the fact that he was always available and willing to answer any and all questions; you know that he truly cares for his clients and is committed to providing you with excellent service.
My dad was so impressed with his services that now he is retaining Marcus again for another immigration case. If you are in search of an effective and communicative immigration lawyer, look no further than Marcus Yi.
Actor Vaibhav Jain
As fresh out of school graduate from an acting conservatory in NYC, I was pretty lost, confused and overwhelmed when it came to the post-study work visa concerns. I met Marcus Yi through my school's recommendation and he was hands down the best person I could ask for. Marcus patiently helped me understand the intricacies of the visa process and gave his honest opinion about my chances. There is no building false bridges of hope with Marcus. I love him for his honesty, integrity, expertise, and straight-forwardness. Each consultation helped me gain clarity and move forward in the right direction. Being an artist himself, he truly understood my situation and guided me with a lot of kindness.
I would strongly recommend Marcus for any and all your immigration and post-study work visa needs. If a trustworthy NYC lawyer is what you seek, he is your man!
I would strongly recommend Marcus for any and all your immigration and post-study work visa needs. If a trustworthy NYC lawyer is what you seek, he is your man!
Mental Health Counselor Yi Jin Lim
Marcus helped to explain the foreign and unfamiliar process of the H1B1 visa application to me in a comprehensible way which I greatly appreciated. He kept me updated considering the government shut down at the time, was extremely responsive via email whenever I had questions, and prepared me the interview which I found very useful.
Marcus Yi is the best O1 / Artist visa lawyer there is! He has many years of experience working with so many artists. It certainly helps that he is a talented writer and director as well!! I saw him give a presentation on artist visas and eventually came to him to work on my immigration case. I am a singer and actor and its really hard to get that kind of visa because so many people get denied. Doing this kind of visa is very stressful but Marcus made it very simple and easy for me. He is very efficient and has templates for everything. When we had to file the case with the union we got a response back in about one week. The immigration visa application was huge when I got it! He gave me a copy after he filed the case. After approval, he also helped me prepare for the visa interview at the embassy even though he didn't have too. I have sent several of my artist friends to him who need this type of immigration visa because he is a great immigration lawyer.
- Pablo C.
- Pablo C.
WHAT TO EXPECT AT A CONSULTATION
At every immigration visa consultation, we go over the requirements of every possible visa you may be eligible for, and provide an in depth evaluation of your qualifications, and likelihood of success. We will also go over all legal and administrative immigration costs and fees you may be expected to cover. If you do not immediately meet the criteria for a visa, we will formulate a plan that will allow you to eventually meet your goal of living and working in the United States.
CONTACT US
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We are located at 315 W. 36th St New York NY 10018 by appointment only.
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WHAT WE DO
Our law firm specializes exclusively on immigration and nationality law. We prepare temporary work visas, applications for permanent residence, and represent clients in complex immigration matters. Our law firm specializes in immigration law, with a distinct focus on individuals and organizations from the creative and artistic industries. Whether you are looking for an attorney to help you with business immigration or family based immigration, we are perfectly posed to help with all of your needs
WHY WE DO IT
As an artist himself, our Founding Partner has personal experience in applying for temporary work visas and permanent residence. Through his own experience, he realized there was a lack of diligent, efficient, and responsive services from other immigration lawyers that serviced the creative industries. As a result, he set up this law firm to provide the best quality immigration service that every creative professional should expect.
THE O1 / ARTIST VISA PROCESS
Provide us with your complete CV/resume, and we will evaluate your credentials to make sure you are eligible. If you are we will discuss the timeline from start to completion, so you'll know what to expect and make sure nothing is unexplored in the visa process. We will clearly explain the requirements and definitions of the visa process and the role of your sponsor. We have detailed checklists and templates, so you will receive guidance every step of the way of the visa application process. We will ensure that your testimonials highlight your strengths. We will also review all your portfolio materials to ensure that all aspects of your immigration case is documented sufficiently. For more information about the O1 / Artist visa, check out our O1 / Artist Visa Application Guide, and O1 / Artist Visa Immigration FAQ.
CONTACT US
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We are located at 315 W. 36th St New York NY 10018 by appointment only.
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WHAT IS THE O-1B / ARTIST VISA?
An Artist Visa or the O-1B extraordinary ability visa allows actors, singers, dancers, and all other artists the ability to come to the United States to work. If you are already in the process of working on your case, you might want to check out our Top Tips to Filing an O1 / Artist Visa Application.
If you are interested in applying for the O1 / Artist Visa, the first thing you should know is that you cannot actually apply for the O1 / Artist visa yourself. You will need someone to apply on your behalf. This person is known as the petitioner.
If you are interested in applying for the O1 / Artist Visa, the first thing you should know is that you cannot actually apply for the O1 / Artist visa yourself. You will need someone to apply on your behalf. This person is known as the petitioner.
O-1B VISA SPONSOR? WHO IS THAT?
A sponsor (correctly known as the "petitioner") for the O1 / Artist visa is either a US agent, US employer, or US based company working in your field. For example, if you are an actor, a proper sponsor / petitioner could be a theater company, or writer, or director who is a US citizen, and is interested in having you come to the United States to work with them.
A good piece of advice is to make sure you have a good relationship with this person, for if things go south for whatever reason, they can write to USCIS to cancel your visa. For more in depth discussion, you might want to check out our FAQ on O1 / Artist Visa Sponsors.
A good piece of advice is to make sure you have a good relationship with this person, for if things go south for whatever reason, they can write to USCIS to cancel your visa. For more in depth discussion, you might want to check out our FAQ on O1 / Artist Visa Sponsors.
HOW LONG IS THE O1 VISA IS GRANTED FOR?
Immigration typically grants the O1 / Artist visa for a maximum of three years. However, you have to prove that you will be working consistently in your field for that period of time by providing an itinerary and relevant contracts. If the itinerary and contracts show an employment period of less that 3 years, immigration will only grant the maximum amount of time reflected in the contracts and itinerary.
AN O1 VISA ITINERARY? WHAT'S THAT?
Think of an itinerary as a calendar of events that specifies the work that you will be doing in the United States. USCIS requires that an itinerary includes information about the length of each project, the duties of each project, and address of where the work will take place. For every single event that is in your itinerary, you will need to provide corresponding contracts.
AN O1 / ARTIST VISA CONTRACT? WHAT DOES IT NEED TO CONTAIN?
All O1 / Artist visa contracts need to include, the name of the employer, the address of the employer, the address of where the work will take place, and how much you will be compensated. Immigration is able to accept other forms of contracts, such as email contracts or deal memos as long as the same information is included. Contracts that do not consist of all of these pieces of information will be deemed to be speculative and will not be counted. The contracts and itinerary are some of the first things that immigration looks at. It is very important to make a good first impression. If not they may doubt your extraordinary abilities, even before looking at your portfolio.
Other than the contracts and itinerary, you will also need to provide a consultation letter from a union, peer group or management organization.
Other than the contracts and itinerary, you will also need to provide a consultation letter from a union, peer group or management organization.
AN O1 / ARTIST VISA CONSULTATION LETTER? WHAT IS THAT?
A consultation letter is a letter from a union, peer group or management organization. Every organization has different procedures on how to apply for a consultation letter. You do not need to be a member of the union or peer group in order to apply. The way this works is before you submit the visa application to immigration you send a copy of the entire application to the union or pure group, pay the consultation letter fee, and they will send you a letter that you will need to include with your application to immigration.
If you are about to apply for a consultation letter, check out 5 Things You Need To Know About Consultation Letters. Some unions/peer groups are more immigrant friendly than others. Some have a known reputation for dispensing negative consultation letters which may result in a request for evidence from USCIS. If possible, submit to a union or peer group that will give a favorable if not a "no-objection" consultation letter, rather than a negative consultation letter.
So now that you have a petitioner, your itinerary and contracts and consultation letter, it is time to prove that you are extraordinary.
If you are about to apply for a consultation letter, check out 5 Things You Need To Know About Consultation Letters. Some unions/peer groups are more immigrant friendly than others. Some have a known reputation for dispensing negative consultation letters which may result in a request for evidence from USCIS. If possible, submit to a union or peer group that will give a favorable if not a "no-objection" consultation letter, rather than a negative consultation letter.
So now that you have a petitioner, your itinerary and contracts and consultation letter, it is time to prove that you are extraordinary.
HOW DO I PROVE I AM EXTRAORDINARY FOR THE O1 / ARTIST VISA?
One of the ways to show you are extraordinary is evidence of awards or prizes in the particular field, such as an Academy Award, Emmy, Grammy or Director's Guild Award. Also possible is if you have an award from your home country that is equivalent to these US awards. You will need to document that the award you received is on the same level as the above mentioned awards.
UH...WHAT IF I DON'T HAVE THOSE? CAN I STILL APPLY FOR THE O1 / ARTIST VISA?
Even if you don’t have a major award it is still possible to apply for the O1 / Artist Visa. Immigration has provided seven evidentiary criteria, and if you are able to meet three out of the seven, you are considered extraordinary and will be given the Visa. Let’s take a look at all seven.
EVIDENTIARY CRITERIA #1 O1 / Artist Visa applicant must have received significant recognition for achievements from organizations, critics, government agencies or other recognized experts in the field in which the beneficiary is engaged, with the testimonials clearly indicating the author's authority, expertise and knowledge of the beneficiary's achievements
This evidentiary criteria basically means the letters of recommendation. However, the latest recommendation must prove that the person writing it, is considered an expert in the field, and must include information about your achievements in the field. It is not good enough for a person to write that you are talented. They must give specific examples of what types of achievements you have in your industry. It is very important for all testimonial to have dates, as well as contact information of the person writing the testimonial if not USCIS may think the letters lack credibility.
Also, how many letters do you need? The answer is "as many as you can get". Usually, I like my clients to aim for at least 10 but more is always better. Check out Top Tips For Drafting Letters of Recommendation for the O1 / Artist Visa. Also here is an in depth explanation of this criteria. If you are ready to begin drafting, check out our handy testimonial guide.
Also, how many letters do you need? The answer is "as many as you can get". Usually, I like my clients to aim for at least 10 but more is always better. Check out Top Tips For Drafting Letters of Recommendation for the O1 / Artist Visa. Also here is an in depth explanation of this criteria. If you are ready to begin drafting, check out our handy testimonial guide.
EVIDENTIARY CRITERIA #2 O1 / Artist Visa applicant must have 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
In order to meet this evidentiary criteria three factors are considered: 1) you must be either a lead or starring participant, 2) the production that you are participating in must be considered distinguished, and 3) you must have done it in the past, and will do it in the future. If you only meet one and not all factors, you will not be able to meet this criteria. Check out our in depth explanation of this criteria. Check out our sample guide.
EVIDENTIARY CRITERIA #3 O1 / Artist Visa applicant must Performed and will perform in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation as evidenced by articles in newspapers, trade journals, publications, or testimonials.
In order to meet this evidentiary criteria, three factors are also considered. 1) You must be either a lead, starring, or critical role and 2) the organization that you are working for, must be considered distinguished, and 3) you must have done it in the past and will do it in the future. If you only meet one and not all factors, you will not be able to meet this criteria. Check out our in depth explanation of this criteria.
EVIDENTIARY CRITERIA #4 O1/ Artist Visa applicant must have Achieved national or international recognition for achievements, as shown by critical reviews or other published materials by or about the beneficiary in major newspapers, trade journals, magazines, or other publications
This criteria basically means "press". "Press" refers to interviews or reviews by or about you. Press releases are not press. In addition, the media outlet where the press is published, is just as important as the media outlet has to be considered "major". Usually USCIS wants to know what the circulation numbers are when it comes to determining whether a media outlet is "major". The higher the circulation numbers, the more likely USCIS will find that the press is considered "major". Check out our in depth explanation of this criteria.
EVIDENTIARY CRITERIA #5 O1 / Artist Visa applicant must show a record of major commercial or critically acclaimed successes, as shown by such indicators as title, rating or standing in the field, box office receipts, motion picture or television ratings and other occupational achievements reported in trade journals, major newspapers or other publications
Examples of this one include having a hit movie or HBO series, where the ratings are through the roof, or the critics love you. Alternatively, awards can also count but they have to be reported in trade journals or other types of major media. This means you also have to prove that the media outlet your success was reported in is considered major (i.e high circulation numbers). Not easy to get at all, but if you happen to be that person, why not give it a shot? Check out our in depth explanation of this criteria.
EVIDENTIARY CRITERIA #6 O1 / Artist Visa applicant must show a high salary or other substantial remuneration for services in relation to others in the field, as shown by contracts or other reliable evidence.
For this criteria you have to show that you are making significantly more money than anyone else in your industry. Another very difficult criteria to meet. You will need statistics, preferably from the Department of Labor that shows the average amount that a person makes in your position, and other evidence like your pay stubs or tax returns to show you are making much more. Check out our in depth explanation of this criteria.
EVIDENTIARY CRITERIA #7 (THE CATCHALL) If the above standards do not readily apply to the beneficiary’s occupation in the arts, the petitioner may submit comparable evidence in order to establish eligibility
This criteria tends to only be for artists that are in emerging or very unique fields that do not meet the rest of the criteria. If you feel that your art is so completely unique that it does not meet the other criteria, you may submit other forms of documentation that are appropriate.
Another thing to note is the different standards of proof for different artists. Standards of proof are what make it easier or harder for different artists to apply for this Visa. Generally the standard of proof for Artist is extraordinary ability. This means you just need to show that you have the ability to be extraordinary. However, the standard of proof for people who work in the motion picture and television industry is extraordinary achievement. Extraordinary achievement means not only do you need to have achievement in the field of motion picture and television, this achievement also needs to be extraordinary. So, as you can see, it is much more difficult for film artists to get the visa than the rest of the other types of artists. However, it does not mean that it is impossible for someone working in the film industry to get the visa. It just means that you need to be more well-established before even applying.
Another thing to note is the different standards of proof for different artists. Standards of proof are what make it easier or harder for different artists to apply for this Visa. Generally the standard of proof for Artist is extraordinary ability. This means you just need to show that you have the ability to be extraordinary. However, the standard of proof for people who work in the motion picture and television industry is extraordinary achievement. Extraordinary achievement means not only do you need to have achievement in the field of motion picture and television, this achievement also needs to be extraordinary. So, as you can see, it is much more difficult for film artists to get the visa than the rest of the other types of artists. However, it does not mean that it is impossible for someone working in the film industry to get the visa. It just means that you need to be more well-established before even applying.
O1 / Artist Visa Applicant: Working for Multiple Employers
One of the wonderful things about the O1 / Artist visa is that if applied for correctly, the beneficiary will be able to freelance and work for multiple employers. The way this works is the O1 / Artist Visa beneficiary needs an Agent to represent them as a "go-between" them and the employers. A U.S. Agent may be the actual employer of the beneficiary, the representative of both the employer and the beneficiary, or a person or entity authorized by the employer to act for, or in place of, the employer as its agent. Usually it is the sponsor who ends up being the beneficiary's agent. In order to make this work, specific requirements must be followed in order for the beneficiary to work for multiple employers.
O1 / ARTIST VISA APPROVAL RATE
For fiscal year 2019 to date, USCIS received 430, 348 Form I-129 applications and 362, 238 were approved according to statistics released by USCIS. This is about an 84% success rate. Based on my opinion, chances of approval vary from person to person. If a person has sufficient credits as a lead performer, has proper documentation, and is able to organize that documentation in an easy to read format, they have a higher chance of getting their visa approved.
I frequently get asked, "Does your O1 visa lawyer matter?" And the answer is "Yes". But not because the O1 visa lawyer has some sort of connection with USCIS. And it does not matter whether the firm is large or not. The O1 visa lawyer matters because a terrible O1 visa lawyer can screw up your case even if you have sufficient credits. However, if you do not have sufficient lead credits, an amazing O1 visa lawyer is not able to perform a miracle and give you those credits.
I frequently get asked, "Does your O1 visa lawyer matter?" And the answer is "Yes". But not because the O1 visa lawyer has some sort of connection with USCIS. And it does not matter whether the firm is large or not. The O1 visa lawyer matters because a terrible O1 visa lawyer can screw up your case even if you have sufficient credits. However, if you do not have sufficient lead credits, an amazing O1 visa lawyer is not able to perform a miracle and give you those credits.
O1 / ARTIST VISA FEES
O1 / Artist visa costs tend to vary depending on the O1 visa lawyer's fee. Generally, you are looking at $460 for the USCIS filing fee, and anywhere from $200 to $500 for the union consultation fee, depending on the union. O1 visa lawyer fees can range from $3500 to $10,000 depending on the O1 visa lawyer, and the complexity of the case. Contact us to set up a consultation in order to figure out your chances and costs.
HAS TRUMP AFFECTED THE O1 / ARTIST VISA PROCESS?
The short answer is "Yes!"
One of the ways the Trump Administration has affected the O visas is through the Buy American Hire American memo to USCIS. Generally, this has resulted in higher scrutiny for all visa types across the board including the O1 / Artist Visa. Another way Trump has affected the O1 / Artist visa application is the lack of deference to prior approvals. In the past, USCIS would give preference to people who were already approved for the visa initially and were currently trying to apply for a new term of employment. However, with this new immigration memo, no such deference is to be given and all applicants are to be treated the same. This means just because you were approved for an O1 visa before, it does not mean that you will be approved for future applications. Also, when you do apply for another O1 visa, it is always good practice to send documentation that proves your case again. Some people think that because they have sent material in their previous applications, they do not need to submit it again. That is incorrect, and will only result in a request for evidence or denial.
All of our clients have been approved despite applying under the Trump Administration. Check out their O1 / Artist Visa success stories here.
One of the ways the Trump Administration has affected the O visas is through the Buy American Hire American memo to USCIS. Generally, this has resulted in higher scrutiny for all visa types across the board including the O1 / Artist Visa. Another way Trump has affected the O1 / Artist visa application is the lack of deference to prior approvals. In the past, USCIS would give preference to people who were already approved for the visa initially and were currently trying to apply for a new term of employment. However, with this new immigration memo, no such deference is to be given and all applicants are to be treated the same. This means just because you were approved for an O1 visa before, it does not mean that you will be approved for future applications. Also, when you do apply for another O1 visa, it is always good practice to send documentation that proves your case again. Some people think that because they have sent material in their previous applications, they do not need to submit it again. That is incorrect, and will only result in a request for evidence or denial.
All of our clients have been approved despite applying under the Trump Administration. Check out their O1 / Artist Visa success stories here.
O1 / ARTIST VISA TO GREEN CARD
Strictly speaking there is no way to transition from the O1 / Artist visa to a green card. This is because the O1 / Artist visa is a nonimmigrant visa. However, there is an immigrant based visa called the Employment-Based Immigration First Preference EB-1 visa, which could allow for a green card. The reason why so many people get confused is because this visa is also based on extraordinary ability, and some of the evidentiary criteria overlap with the O1 / Artist visa. However, the standard of review is much higher, since it is for permanent residence. If you have been on the O1 / Artist visa for a while it is quite possible you have enough credits to apply for the Employment-Based Immigration First Preference EB-1 visa, which could in turn lead to a green card.
WHAT HAPPENS AFTER YOU APPLY FOR THE O1 / ARTIST VISA?
After submitting your application to USCIS, you may either get an approval notice, a request for evidence notice, or a denial. If you get an approval notice, you will then need to go for the visa interview at a US consulate abroad, usually in your home country to get the visa in your passport. It is extremely important to be prepared at the visa stamping interview, for if the consular officer does not believe that you meet the criteria, despite being already approved by USCIS, they may deny your visa application and you may need to apply all over again.
WHAT DO I DO IF I GET A REQUEST FOR EVIDENCE (RFE)?
Getting a request for evidence is not the end of the case automatically. Some are complex and some are simple. You need to review the request thoroughly to get a sense of what the immigration officer thinks is at issue in your case, and try to provide more documentation to persuade the officer to approve your visa.
O1 / ARTIST VISA COMMON DENIAL REASONS
Nobody likes getting denied for their O1 / artist visa. It’s painful, and a waste of time, money, and effort. However, this type of visa is complicated and there are many pitfalls along the way. What makes matters worse, is that there is a two step process in order to get the visa in your passport.
First, you have to file Form I-129 Petition for Nonimmigrant Worker before USCIS and convince them that you are extraordinary and therefore meet the requirements. After your Form I-129 has been approved, you will need to take the approval notice, leave the United States, and go to a US consulate abroad for an interview in order to get the visa in your passport. This means that immigration has two opportunities to deny you if they think that you are not able to meet the requirements of the O1 / artist visa. Check out the above video to go through top O1 / Artist visa denial reasons and tips on how to avoid them.
First, you have to file Form I-129 Petition for Nonimmigrant Worker before USCIS and convince them that you are extraordinary and therefore meet the requirements. After your Form I-129 has been approved, you will need to take the approval notice, leave the United States, and go to a US consulate abroad for an interview in order to get the visa in your passport. This means that immigration has two opportunities to deny you if they think that you are not able to meet the requirements of the O1 / artist visa. Check out the above video to go through top O1 / Artist visa denial reasons and tips on how to avoid them.
OPTIONS AFTER O1 VISA DENIAL?
If you have been denied, your options are basically to refile, appeal or to try and apply for another visa type. Even if you do not qualify for the O1 / Artist visa, our experience in a wide variety of other employment visas such as the H-1B, H-1B1, L, P, Q, as well as family based immigration, means we can find the best solution for all your immigration needs.
FILLING OUT FORM DS-160 FOR O1 VISA CONSULAR INTERVIEW
As part of signing up for a consular interview, you will need to fill out the online Form DS-160. This form can have parts that are confusing. Check out the video above to understand how to fill out the form and get your interview scheduled.
O1 VISA WORK RESTRICTIONS
After you get your O-1 artist visa, you are allowed to work in the field of endeavor that you have applied for, in the position that you have applied for. This means if you applied as a dancer, then you can work as a dancer. But it does not mean that you can work in another area of dance such as a lighting designer, as that would be out of scope of the position that you applied for. If you wish to change your job position, and it is a material change, you will need to apply for another O1 visa in that area, if not, you may rick violating the terms of your visa. These days, immigration is taking a harder look at artists who do work outside of the scope of what they applied for. If you are discovered, you may be placed into removal proceedings, or have your visa revoked. If you have any doubts, always contact an immigration attorney to be sure.
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