THE O-1 VISA LAWYER FOR ARTIST ENTREPRENEURS, CREATIVE PROFESSIONALS, AND ORGANIZATIONS OF INNOVATION
Our law firm specializes in O-1 visa applications and other immigration services tailored to individuals and organizations in the creative and artistic industries. Whether you are a creative professional in theatre, fashion, graphic design, multimedia arts, photography, music, dance, film, or other fields, our firm is perfectly poised to handle all 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.
Our approach is simple and effective: we deliver proven results while providing a personalized and professional client experience. Every client deserves the highest standard of immigration guidance, which is why all cases are handled exclusively by licensed and experienced attorneys—not paralegals. Our team is committed to prompt and efficient visa preparation, offering dedicated support at every step of the process. With a 99% approval rate across all immigration cases, we guarantee clear and informed answers within 24 hours, ensuring you feel supported and confident throughout your journey.
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.
Our approach is simple and effective: we deliver proven results while providing a personalized and professional client experience. Every client deserves the highest standard of immigration guidance, which is why all cases are handled exclusively by licensed and experienced attorneys—not paralegals. Our team is committed to prompt and efficient visa preparation, offering dedicated support at every step of the process. With a 99% approval rate across all immigration cases, we guarantee clear and informed answers within 24 hours, ensuring you feel supported and confident throughout your journey.
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HOW TO APPLY FOR THE O-1 VISA
The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements. This is the most common visa option for artists seeking to work in the United States. Visit our FAQ here.
The O nonimmigrant classification is commonly referred to as:
To qualify for an O-1 visa, the beneficiary must demonstrate extraordinary ability by sustained national or international acclaim and must be coming temporarily to the United States to continue work in the area of extraordinary ability.
Extraordinary ability in the fields of science, education, business or athletics means a level of expertise indicating that the person is one of the small percentage who has risen to the very top of the field of endeavor.
Extraordinary ability in the field of arts means distinction. Distinction means a high level of achievement in the field of the arts evidenced by a degree of skill and recognition substantially above that ordinarily encountered to the extent that a person described as prominent is renowned, leading, or well-known in the field of arts.
To qualify for an O-1 visa in the motion picture or television industry, the beneficiary must demonstrate extraordinary achievement evidenced by a degree of skill and recognition significantly above that ordinarily encountered to the extent the person is recognized as outstanding, notable or leading in the motion picture and/or television field.
Application Process
The petitioner should file Form I-129, Petition for Nonimmigrant Worker, with the USCIS office listed on the form instructions. The petition may not be filed more than one year before the actual need for the alien's services. To avoid delays, the Form I-129 should be filed at least 45 days before the date of employment.
- O-1A: individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry)
- O-1B: individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry
- O-2: individuals who will accompany an O-1, artist or athlete, to assist in a specific event or performance. For an O-1A, the O-2’s assistance must be an “integral part” of the O-1A’s activity. For an O-1B, the O-2’s assistance must be “essential” to the completion of the O-1B’s production. The O-2 worker has critical skills and experience with the O-1 that cannot be readily performed by a U.S. worker and which are essential to the successful performance of the O-1
- O-3: individuals who are the spouse or children of O-1’s and O-2’s
To qualify for an O-1 visa, the beneficiary must demonstrate extraordinary ability by sustained national or international acclaim and must be coming temporarily to the United States to continue work in the area of extraordinary ability.
Extraordinary ability in the fields of science, education, business or athletics means a level of expertise indicating that the person is one of the small percentage who has risen to the very top of the field of endeavor.
Extraordinary ability in the field of arts means distinction. Distinction means a high level of achievement in the field of the arts evidenced by a degree of skill and recognition substantially above that ordinarily encountered to the extent that a person described as prominent is renowned, leading, or well-known in the field of arts.
To qualify for an O-1 visa in the motion picture or television industry, the beneficiary must demonstrate extraordinary achievement evidenced by a degree of skill and recognition significantly above that ordinarily encountered to the extent the person is recognized as outstanding, notable or leading in the motion picture and/or television field.
Application Process
The petitioner should file Form I-129, Petition for Nonimmigrant Worker, with the USCIS office listed on the form instructions. The petition may not be filed more than one year before the actual need for the alien's services. To avoid delays, the Form I-129 should be filed at least 45 days before the date of employment.
The petitioner must submit Form I-129, Petition for Nonimmigrant Worker, and the following documentary evidence:
Consultation
A written advisory opinion from a peer group (including labor organizations) or a person designated by the group with expertise in the beneficiary’s area of ability. If the O-1 petition is for an individual with extraordinary achievement in motion picture or television, the consultation must come from an appropriate labor union and a management organization with expertise in the beneficiary’s area of ability. For a list of labor organizations and peer group please go here. Check out tips regarding the consultation letters.
Exceptions to the Consultation Requirement: If the petitioner can demonstrate that an appropriate peer group, including a labor organization, does not exist the decision will be based on the evidence of record. A consultation may be waived for an alien with extraordinary ability in the field of arts if the alien seeks readmission to perform similar services within 2 years of the date of a previous consultation. Petitioners should submit a waiver request and a copy of the previous consultation with the petition.
Consultation
A written advisory opinion from a peer group (including labor organizations) or a person designated by the group with expertise in the beneficiary’s area of ability. If the O-1 petition is for an individual with extraordinary achievement in motion picture or television, the consultation must come from an appropriate labor union and a management organization with expertise in the beneficiary’s area of ability. For a list of labor organizations and peer group please go here. Check out tips regarding the consultation letters.
Exceptions to the Consultation Requirement: If the petitioner can demonstrate that an appropriate peer group, including a labor organization, does not exist the decision will be based on the evidence of record. A consultation may be waived for an alien with extraordinary ability in the field of arts if the alien seeks readmission to perform similar services within 2 years of the date of a previous consultation. Petitioners should submit a waiver request and a copy of the previous consultation with the petition.
Contract between petitioner and beneficiary
A copy of any written contract between the petitioner and the beneficiary or a summary of the terms of the oral agreement under which the beneficiary will be employed. Visit our FAQ here.
NOTE: USCIS will accept an oral contract, as evidenced by the summation of the elements of the oral agreement. Such evidence may include but is not limited to: emails between the contractual parties, a written summation of the terms of the agreement, or any other evidence which demonstrates that an oral agreement was created.
The summary of the terms of the oral agreement must contain:
Itineraries
An explanation of the nature of the events or activities, the beginning and ending dates for the events or activities, and a copy of any itinerary for the events or activities, if applicable (see the memorandum “Clarifying Guidance on “O” petition Validity Period” link to the right). The petitioner must establish that there are events or activities in the beneficiary’s field of extraordinary ability for the validity period requested, e.g. an itinerary for a tour or a series of events.
A copy of any written contract between the petitioner and the beneficiary or a summary of the terms of the oral agreement under which the beneficiary will be employed. Visit our FAQ here.
NOTE: USCIS will accept an oral contract, as evidenced by the summation of the elements of the oral agreement. Such evidence may include but is not limited to: emails between the contractual parties, a written summation of the terms of the agreement, or any other evidence which demonstrates that an oral agreement was created.
The summary of the terms of the oral agreement must contain:
- what was offered by the employer
- what was accepted by the employee
Itineraries
An explanation of the nature of the events or activities, the beginning and ending dates for the events or activities, and a copy of any itinerary for the events or activities, if applicable (see the memorandum “Clarifying Guidance on “O” petition Validity Period” link to the right). The petitioner must establish that there are events or activities in the beneficiary’s field of extraordinary ability for the validity period requested, e.g. an itinerary for a tour or a series of events.
Evidentiary Criteria for O-1B
Evidence that the beneficiary has received, or been nominated for, significant national or international awards or prizes in the particular field, such as an Academy Award, Emmy, Grammy or Director's Guild Award, or evidence of at least (3) three of the following:
Evidence that the beneficiary has received, or been nominated for, significant national or international awards or prizes in the particular field, such as an Academy Award, Emmy, Grammy or Director's Guild Award, or evidence of at least (3) three of the following:
- 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.
- 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.
- 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.
- 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.
- 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. A guide to writing testimonials can be found here.
- A high salary or other substantial remuneration for services in relation to others in the field, as shown by contracts or other reliable evidence.
Evidentiary Criteria for O-1AEvidence that the beneficiary has received a major, internationally-recognized award, such as a Nobel Prize, or evidence of at least (3) three of the following:
- Receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor
- Membership in associations in the field for which classification is sought which require outstanding achievements, as judged by recognized national or international experts in the field
- Published material in professional or major trade publications, newspapers or other major media about the beneficiary and the beneficiary’s work in the field for which classification is sought
- Original scientific, scholarly, or business-related contributions of major significance in the field
- Authorship of scholarly articles in professional journals or other major media in the field for which classification is sought
- A high salary or other remuneration for services as evidenced by contracts or other reliable evidence
- Participation on a panel, or individually, as a judge of the work of others in the same or in a field of specialization allied to that field for which classification is sought
- Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation
HOW WILL THE TRUMP ADMINISTRATION AFFECT O-1 VISA APPLICATIONS?
When the Trump Administration returns to power, it’s likely we could see a resurgence of the immigration policies and practices that significantly affected visa processing during its previous term. For O1 visa applicants—commonly referred to as the "Artist Visa"—these changes could introduce additional hurdles and complexities. Here’s what you might expect and how to prepare.
Potential Impact on Visa Processing
- Increased Scrutiny Across All Visa Types
During the Trump Administration, the "Buy American, Hire American" (BAHA) executive order instructed USCIS to tighten scrutiny for all visa applications, including the O1 visa. If this policy is reinstated, applicants should anticipate a more rigorous review process. Even strong applications may face heightened challenges, with stricter requirements to demonstrate extraordinary ability. - Elimination of Deference to Prior Approvals
One of the most significant changes under Trump was the removal of deference to prior approvals. Traditionally, individuals reapplying for the O1 visa—such as for a new term of employment—benefited from a smoother process if they had been previously approved. Under Trump-era policies, each application was treated as new, requiring applicants to re-prove their eligibility. This lack of deference could return, making it essential for applicants to resubmit comprehensive evidence for every petition, regardless of past approvals.
What This Means for O1 Visa Applicants
- Thorough Documentation for Every Application
If deference to prior approvals is not reinstated, applicants will need to approach every application as if it were their first. This means submitting all evidence anew, including past achievements, contracts, and letters of support. Relying on prior applications will not suffice, and failing to provide thorough documentation could result in delays, Requests for Evidence (RFE), or denials. - More Rigorous Evaluation of Extraordinary Ability
The Trump Administration previously prioritized scrutiny of O1 visa applications, requiring detailed and compelling evidence of extraordinary ability. Applicants should be prepared to provide robust documentation that meets the heightened standards.
Preparing for the Challenges Ahead
While these potential changes may seem daunting, there are ways to mitigate their impact and increase your chances of success:
- Treat Every Application as New: Submit comprehensive, up-to-date documentation each time you apply, even if you’ve been approved before.
- Stay Informed: Keep abreast of any policy changes to understand how they might affect your application.
- Consult with Experts: Immigration attorneys or visa consultants can help ensure your application meets the highest standards.
Why Success Is Still Possible
Despite the challenges of the Trump Administration’s immigration policies, many O1 visa applicants succeeded by preparing thoroughly and addressing the increased scrutiny. At our firm, all our clients were approved during Trump’s previous term, thanks to detailed and carefully crafted applications. This demonstrates that success is achievable even under stricter policies.
Looking Ahead
If the Trump Administration returns, the next four years could see a resurgence of policies that increase the complexity of the O1 visa process. However, by staying proactive and ensuring every application is meticulously prepared, you can still achieve your goal of working in the U.S. as an extraordinary talent. The key is preparation, persistence, and understanding the evolving immigration landscape.
Immigration law can be convoluted and complex. At the Law Offices of Marcus Yi, we are devoted to guiding you through US immigration law so contact us today to schedule a consultation.
Immigration law can be convoluted and complex. At the Law Offices of Marcus Yi, we are devoted to guiding you through US immigration law so contact us today to schedule a consultation.