When pianist/music director Emiliano Messiez needed a New York based O1 Visa lawyer to represent him, we were there guiding him every step of the way even though he did not enter the United States until getting the O-1B visa.

Tell me about your artistic life
I am a Pianist/Music Conductor and I have been dedicating my life and making my living as a musician for the past 20 years, primarily in the worlds of live performances with different music projects, in musical theater and in piano bars as well, performing lead roles in many distinguished productions and working with multiple and extraordinary artists. My first recorded album (Silencio – Infantino Group – 2004) has been widely received and won the UNESCO Trimarg Award.

What are you currently working on right now?
Nowadays I am working as the lead Musical Director and Pianist for the acclaimed Production Show “Tango Buenos Aires” created and produced by Mario & Daniel Celario exclusively for the Company Royal Caribbean International. 

What visa are you on right now?
Right now I am on an O1 Visa (Individuals with Extraordinary Ability or Achievement) 

Tell me about any difficulties you may have faced while applying for the visa?
I must say that applying for this visa was not difficult at all and the main reason was because Marcus Yi helped me a lot with it, making things the right way, easier and faster.

Do you have any advice for people who might want to apply for the same visa as you?
Just do it! It is completely worth it and easier than you would think, specially if you have Marcus Yi helping you with the process.


For more information about the O1 / Artist visa check out our O1 / Artist Visa Application Guide and O1 / Artist Visa Immigration FAQ.

Immigration law can be convoluted and complex. At the Law Offices of Marcus Yi, we are NYC based O1 / Artist Visa lawyers devoted to guiding you through US immigration law. Contact us today to schedule a consultation.

​When theatre maker Ran Xia needed a New York based O1 visa lawyer, we were there to help her transition into working life in the United States.

Tell me about your artistic life
Thrilling. I've been thrown into situations that are far from my comfort zone, which I suppose is what it means to be an artist, especially in NYC. I've been able to find lots of collaborative opportunities. There are many new projects coming up to keep me busy and fulfilled. I haven't had any time to do anything outside of it besides work and daily necessities, and I'm not complaining at all. 

What are you currently working on right now?
I'm working on a few things: 
(1). In a playwrighting lab with the Exquisite Corpse Company. We're creating a series themed Monsters and will have a reading by the end of April.
(2). Putting up a production of my one act Word Play at Radioactive Festival in late may 
(3). Directing a play called Disability by Ivan Faute during Planet Connection Festival in June
(4). Developing a forum play about women's issues in modern society from the perspective of Disney princesses. That has a workshop on June 7 but we'll do a site specific production later in the year. 
(5). Harmony, a virtual play about online surveillance in China and the environmental issues there as well. 
(6). In initial development stage of A Woyzeck, a contemporary take on and free adaptation of Woyzeck. 
(7). I'm a part of a series created by the Elephant Room theatre company in response to the North Carolina anti LGBTQ bill. 

What visa are you on right now?
O1

Tell me about any difficulties you may have faced while applying for the visa?
The waiting was the toughest. Going backwards chronologically, I finally have my visa on 3/7/2016. My interview was on 2/23, which meant I waited in agony for about 2 weeks. 
I submitted all my materials on Nov 23rd. 2015, which was 2 months after I had already left the US. Lots of people pursuaded me otherwise because they said I might not be able to get back. 
I met a friend in Shanghai who were also waiting for her O1. She still haven't heard anything from the immigration office. So I'd say waiting was the toughest part. 

Do you have any advice for people who might want to apply for the same visa as you?
Your lawyer can be the most amazing and resourceful person in the world, which in my case, yes I had a great lawyer who knew all the nooks and cranies of the whole things, but it's up to you to keep working. It's a cliché to say "can't stop won't stop", but clichés are mostly true. You have to build a strong, and current portfolio. Also don't stop working even when you're away. You need to stay relevant and in touch with you former and future collaborators.

For more information about the O1 / Artist visa check out our O1 / Artist Visa Application Guide and O1 / Artist Visa Immigration FAQ.

Immigration law can be convoluted and complex. At the Law Offices of Marcus Yi, we are NYC based O1 / Artist Visa lawyers devoted to guiding you through US immigration law. Contact us today to schedule a consultation.

​Assuming that you have a proper petitioner, a consultation letter from an appropriate labor union or peer group, and an itinerary of the work you will be doing over the next 3 years, you are now all set to prove to USCIS that you qualify as “extraordinary” for the O visa. In this new series of posts we take an in depth look at the evidentiary criteria that USCIS uses to determine if a person qualifies as “extraordinary”.

​Under § Sec. 214.2(o) To qualify as an alien of extraordinary ability in the field of arts, the alien must be recognized as being prominent in his or her field of endeavor as demonstrated by the following:
 
(A) Evidence that the alien has been nominated for, or has been the recipient of, significant national or international awards or prizes in the particular field such as an Academy Award, an Emmy, a Grammy, or a Director's Guild Award; or
 
(B) At least three of the following forms of documentation:
 
( 1 ) Evidence that the alien has 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;
 
( 2 ) Evidence that the alien has achieved national or international recognition for achievements evidenced by critical reviews or other published materials by or about the individual in major newspapers, trade journals, magazines, or other publications;
 
( 3 ) Evidence that the alien has performed, and will perform, in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation evidenced by articles in newspapers, trade journals, publications, or testimonials;
 
( 4 ) Evidence that the alien has a record of major commercial or critically acclaimed successes as evidenced by such indicators as title, rating, 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;
 
( 5 ) Evidence that the alien has received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field in which the alien is engaged. Such testimonials must be in a form which clearly indicates the author's authority, expertise, and knowledge of the alien's achievements; or
 
( 6 ) Evidence that the alien has either commanded a high salary or will command a high salary or other substantial remuneration for services in relation to others in the field, as evidenced by contracts or other reliable evidence; or
 
(C) If the criteria in paragraph (o)(3)(iv) of this section do not readily apply to the beneficiary's occupation, the petitioner may submit comparable evidence in order to establish the beneficiary's eligibility.

​For this post, we will focus on the first evidentiary criteria which is “that the alien has 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”. An applicant must demonstrate that they meet all of the requirements laid out in each evidentiary criteria section before USCIS will count that criteria as met. Here are the key points an applicant should note when determining whether or not they can meet this criteria.

“The alien has performed, and will perform”
Luckily, because the law states that activities in the past, coupled with the present count, a client may be able to increase the number of credits towards the visa application if they have documentation that the production has happened in the past, or will happen. However, because of the word “and”, if an alien has not performed such duties in the past and will only do so in the present, the future activities are considered speculative and cannot be used. Also, sometimes clients may state they worked on a production on their resume but do not have documentation to prove that the production actually happened. Unfortunately, those credits cannot be used as USCIS is unable to verify whether the artist has performed such duties.

“Lead or starring participant”
This refers to the type of role that the applicant has played in the production. For example, if the production is a play (Romeo and Juliet), clearly if the applicant has played either Romeo or Juliet, they can be considered a lead. Things get fuzzier with lesser characters. What about the Nurse? What about Juliet’s parents? Are those considered “lead”? The answer is probably not, but they may qualify as “starring” if you can prove that the role was a large enough. In contrast, ensemble roles do not qualify. Even if the applicant has been on Broadway, if the role is that of an ensemble member, the credit will not be enough to prove this evidentiary criteria.

​“Productions or Events which have a distinguished reputation”
This refers to the quality of the production itself. Assuming that the applicant has indeed played a “lead or starring role”, the credit will not be counted if the production itself is not distinguished. Even though there is no clear definition of what “distinguished” really is, a production that has garnered some press, was featured at a quality venue, and had a significant number of attendees, usually qualifies as “distinguished”. In contrast, a play that was produced in someone’s apartment and had no audience cannot be considered “distinguished”. Since it is up to the applicant to prove that a production is distinguished, as much evidence about the production should be provided.

“Evidence”
According to the regulations, the types of evidence generally accepted are “critical reviews, advertisements, publicity releases, publications contracts, or endorsements” Sometimes, the documentation the applicant has does not readily fall into these firm categories which is why it is essential to work with an experienced attorney who will be able to guide you to presenting the best evidence available for your work.
 
In short, if an applicant can demonstrate that they played a “lead or starring role” in a “production that is distinguished” and have sufficient documentation to prove all of this, they should be able to qualify for this evidentiary criteria.

For more information about the O1 / Artist visa check out our O1 / Artist Visa Application Guide and O1 / Artist Visa Immigration FAQ.

Immigration law can be convoluted and complex. At the Law Offices of Marcus Yi, we are NYC based O1 / Artist Visa lawyers devoted to guiding you through US immigration law. Contact us today to schedule a consultation.

When actress/singer Jann Punwattana needed a NY based O1 visa lawyer, we were there to help her along the way.​

1. Tell me about your artistic life
My name is Jann Punwattana. I'm a stage actress based in NYC and Thailand. I do musical theater most of the time. I've been in NY for three and a half years now. And my previous musical is an Off-Broadway called A comfort women - A new Musical. 
      
2. What are you currently working on right now?
I am now working with a theater troupe in NYC named Sandbox for our new project that will be launched in the end of May. Also the play,Piece on War, that played last year just got invited to the actor studio in Poland in 2017. And this summer I will be going back to Thailand for the re-run of "Mom the musical" 

3. What visa are you on right now?
       I'm on an Artist Visa right now and will be until 2018!!!! 

4. Tell me about any difficulties you may have faced while applying for the visa?
The difficulties for my case was the translating. Since you have to include everything that you've been working on and most of my experience working professionally as a musical theater actress was back in Thailand, I needed to translate every single documents into English. All the papers include press, playbill, article, interview, poster etc. Those stuff took a lot of time.

5. Do you have any advice for people who might want to apply for the same visa as you?
My advice for people who would like to apply for an artist visa is collecting everything about you, everything that has your name, your photos, you never know it might be useful. The most important thing is to trust your lawyer!!! Keep contact with your lawyer. Ask questions, and set the timeline. Timeline would help you get things done faster. 

For more information about the O1 / Artist visa check out our O1 / Artist Visa Application Guide and O1 / Artist Visa Immigration FAQ.

Immigration law can be convoluted and complex. At the Law Offices of Marcus Yi, we are NYC based O1 / Artist Visa lawyers devoted to guiding you through US immigration law. Contact us today to schedule a consultation.​

About Trystette: Performance art, singing/composing has been my artistic trail since the late 80's when I was based in Berlin, Germany.

I am a New Zealander who has lived in five countries and share my journey through both music and performance. I come from a multi media background and this is apparent in my work.  I perform both nationally and internationally, residing in New York.


My current project is called Alazon In The Quiet Room - Part 1 - a  theatrical show that myself and fellow artists are building and performing - about 75 mins of songs and performance from my last three decades and from my new album combined with performance art by fellow American artists in New York city.  My new album Alazon In The Quiet Room will be released mid 2016.

What visa are you on right now?
I am on a 0-1 Artist of Extraordinary Ability - this is my 5th 0-1, four renewals with the same sponsor and one change of sponsor after the first 0-1 in 2003.

Were there any difficulties you may have faced while applying for the visa?
There is a huge amount of material one must supply to support the evidence to attain an 0-1 visa.  Proof of press reviewing your work is imperative and this requires a lot of work to make sure you have the right PR and the attention of the press. Also, traveling out of the USA continent  to have your visa verified, even once it is a approved as the final interview is at a US Consulate in your homeland or a country where you have a work-relation or reason for being there,  you cannot presume your visa will be issued in a timely manner and you sometimes have to wait it out. This is very costly if you are already based in the USA.

Do you have any advice for people who might want to apply for the same visa as you?
Applying for an 0-1 visa requires stamina and concentration, it is not an easy visa to obtain so be prepared to do the work and go the mile. The visa is usually for three years once you receive it, but time travels fast and you must always keep in mind the preparation for the renewal or time will creep up on you.  This is a visa dedicated to academics or creatives with staying power - not for wimps! Choose a lawyer that will only submit once they are sure you have enough evidence - a refusal is a refusal, point blank. This is why I chose Marcus Yi,  he is strict about what will or won't make the grade and you need this.  He understands artists and their issues very well and is always there to help you find a way to reach your goal. At the same time he remains constant about what will push you forward. You need this.  You need a lawyer that really cares about your future.

For more information about the O1 / Artist visa check out our O1 / Artist Visa Application Guide and O1 / Artist Visa Immigration FAQ.

Immigration law can be convoluted and complex. At the Law Offices of Marcus Yi, we are NYC based O1 / Artist Visa lawyers devoted to guiding you through US immigration law. Contact us today to schedule a consultation.