Letters of recommendation are key when applying for the O1 / Artist visa and feature in the application in 2 ways. First, one the evidentiary criteria when proving that you are extraordinary requires that the beneficiary prove that they have significant recognition for achievements by experts in the field in the form of testimonials. This evidentiary criteria basically refers to letters of recommendation. Another area where letters of recommendation can feature in the application is in the form of supporting documentation for the other evidentiary criteria. For example, one of the other evidentiary criteria requires that the beneficiary proved that they play a lead role in the production that's distinguished. Sometimes it can be challenging to find specific documentation that proves that exact same point. It can be helpful for members of the production to provide letters of recommendation in order to demonstrate that the beneficiary clearly and convincingly played a lead role in a production that is considered distinguished. 

When drafting a letter of recommendation and it is essential that the person writing the letter is considered an "expert in the field". This means that the person writing the letter must have experience working in the field. While it certainly helps that they are famous, fame is not a requirement to being an "expert in the field". Anyone who has been working in the field for a while and has some experience can be considered an "expert in the field". In addition, the person need not be a US citizen or based in the United States. 'Experts in the field" may come from anywhere in the world. One thing to note, letters of recommendation from professors are not very useful in establishing that the beneficiary is extraordinary simply because it demonstrates that the beneficiary has just graduated from school.

Assuming you have an "expert in the field" willing to draft a letter for you, it is essential that the person speak to your achievements in the field and explain why these achievements are considered significant. It is insufficient to simply state without examples that the beneficiary is considered talented or holds promise. Without specific examples, immigration and is unable to decide whether or not the beneficiary has significant recognition for achievements and whether they are considered extraordinary. Therefore, it is key to provide examples and details about the beneficiary's achievements.

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

美國移民服務局對移民申請過程中提交的I-693體檢表的時效性進行了修訂，新政策自2018年11月1日起生效。記載了移民體檢及接種疫苗情況的I-693表格是移民官員根據健康狀況審理綠卡申請的重要指標。體檢通常在美國移民服務局指定的當地外科醫生處進行。這次政策修訂將體檢表的有效期延長為最高兩年。目前，I-693表僅在申請人提交相關移民福利申請前60天醫生簽名的情況下才有效。申請提交後，移民局將在外科醫生簽字之日起兩年內對申請進行裁定。如果您未按時提交有效的體檢表，您的綠卡申請可能會被延遲或拒絕。

2018年8月9日，美國移民服務局發布了有關F、M、J非移民學生簽證以及訪問學者簽證持有者逾期居留屬非法居留的新政策。根據修訂後的政策備忘錄，持有F、M、J簽證的學生或訪問學者在其有效簽證過期後的次日，如無法保持其合法身份，那其待在美國的日子就將被計算為"非法居留"天數，除非當事人已有違規居留行為而移民法官已命令將其遞解或驅逐出境。這次的政策變化對於學生和訪問學者來說尤為重要，因為他們現在可能會受到入境限制。根據移民局此前的規定，從最近一次入境起算，累計非法居留超過180天，出境後三年不得入境。非法居留超過一年，則十年不得入境。如移民法所述，非法居留指的是在簽證期滿而未經允許的情況下在美國境內逾期停留。

隨著這份備忘錄的實施，美國移民局放棄了20年來對非法居留一貫採取的追溯性政策。通常情況下，大多數學生和訪問學者的簽證期限是一段持續性的時間，以讓他們更加靈活的完成學術項目，而不是僅僅在I-94入境表上定下某個特定日期。在新政策制定之前，學生或訪問學者只有在遞交移民申請表後，美國移民局認定其違反簽證規定或移民法官下令將其遞解或驅逐的情況下，才會開始積累非法滯留天數。這次的政策調整之後，學生和訪問學者必須更加謹慎，以確保自己的合法身份。

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

​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.

Just because USCIS approves your Form I-129, it does not mean that you will automatically pass the interview at the consulate. In this blog post, we will first take a look at the top five reasons why USCIS may deny your Form I-129 application, and the top five reason why a US consulate may also deny your O1 / artist visa application:

​One of the very first basic requirements of filing the O1 / Artist visa is having a petitioner file for you, since you are not allowed to file for yourself. If you don’t have a petitioner, your case will definitely be denied. In order to avoid this, make sure you have a proper petitioner before applying.

​A proper petitioner is a US citizen or US based company, working in the field. The petitioner must also sign off on all relevant documentation in your application. If the application lacks the specific signatures (and some have to be original), your case maybe denied. If you have not already, check out our post on O1 / Artist Visa Sponsor / Petitioner Basics.

​One of the key things immigration checks for, is if you truly are going to be working in the United States pursuant to the O1 status. This means that you will be working on legitimate and valid projects for the duration of your status. The way they analyze this is by looking at your contracts and itinerary.  

​If your contracts lack specific information such as omitting the length of engagement, amount of compensation, or address of the employer, and where the work will take place,  immigration may find that your contract is speculative. Another reason why immigration may take issue with your contract, is because compensation is dependent on some other factors such as getting funding from a large corporation. 
 
In addition, if there are large gaps in between engagements on your itinerary, USCIS might find that the duration of the entire period to be speculative. If so, it is most likely you will get a denial. Therefore, in order to avoid this, make sure that your contracts and itinerary are fully fleshed out with lots of details. Also, the contracts need to be signed by all the relevant parties. If you are missing signatures, an immigration officer might find that your contract is not legitimate, and therefore deny your case, or shorten the duration that you might have on the O1 / Artist visa. If you have not already, check out our post onO1 / Artist Visa Contracts and Itinerary Basics.

Another common reason why you maybe denied the O1/Artist visa is simply because you lack sufficient credits. This visa is specifically for aliens of extraordinary ability or achievement. If you just graduated recently and do not have a lot of experience, it is most likely that you will not succeed in applying for this visa.

Although immigration does not set a specific number for the number credits eligible for the O1 / Artist visa, I think having 10 credits is a good place to start. But that also depends on the quality of the credits and documentation. It is possible to have a successful O1 / Artist visa application with less than 10, but it really depends on how impressive those credits are.

Similarly, if you have more than 10, but the credits are not that outstanding, you may still have a problem. It is best practice to consult with an immigration attorney before you apply in order to get a good sense of whether you can make it or not. 
 
It should also be noted that if you do apply and are denied, subsequent applications will be much harder because you were denied previously. So sometimes the best option is to leave the United States for a period of time, work on building up in your portfolio, and then applying when you have a stronger case.

​I always asked my potential clients: “What is your long term goal?”  This is because if your long term goal is to live and work in the United States, taking one or two years to really build your credits and portfolio is a short period of time compared to living and working in the United States for the rest of your life. So make sure that before applying, are you have what it takes so that you are not wasting your time and money, or worse making it harder to enter the United States at a later time.

So maybe you do have a bunch of credits, and yet you were denied. Why is that? So USCIS requires that your performance be over a sustained period of time. Once again, immigration does not set forth a specific time frame when it comes to defining “sustained”.  

​However, if your career has only lasted a few months it is unlikely that you will succeed. This means that if you suddenly obtained a few credits in several months, you may still not be eligible for the visa because it does not demonstrate a career that has lasted over a long period of time.  So if you are just starting out, it might just be better for you to leave the United States for a period of time in order to build up your credits.

Assuming that you do have the credits, and that they are over a sustained period of time, it is essential that you provide sufficient documentation of your credits, and organize them in a manner that is easy for the immigration officer to read. 

Sometimes, I review cases from clients who have worked with other attorneys, or have decided to file the application themselves. The clients may have sufficient work experience, but unfortunately the case was presented in a haphazard manner, which was confusing for the immigration officer.

​It is very important to document every eligible role in your work history, as well as present them to the immigration office in a easy to read format. If you do not have a cover letter with the application explaining why you meet all the requirements, you are shooting yourself in the foot.  Another tip is to arrange the documents and provide exhibit tabs so that the immigration officer will be able to access the documents quickly and easily.

If you managed to get an approval notice from USCIS, congratulations! You are halfway there! But don’t get too excited. When you go for your visa stamping interview at the US Consulate abroad, you may still get denied. Let us take a look at the most common reasons why an immigration officer may deny an O1 visa despite an approval from USCIS:

​Now these days, everyone knows how to use Google.  This includes immigration officers who maybe interviewing you at the United States Consulate abroad. Very often, instead of reviewing the documentation that you have provided, immigration officers may just resort to a Google search. And if you cannot be found, this leaves a bad impression on them. So it is best practice to cultivate a web presence. This means having a website, LinkedIn profile, or other industry type profile such as Backstage or IMDB. However, be careful in terms of what you put online, which brings me to the second point:

If there is information online that demonstrates you have violated your immigration status in any way, that could be a reason for denial. Alternatively, if you have committed fraud in order to gain an immigration status, or have other criminal issues, this may prevent you from entering the United States. Immigration has access to the FBI database, which has wide-ranging results.  

Even if you think a criminal case has been sealed, they will still be able to see this information. So please don’t lie to the immigration officer. They have more information about you then you think they do. If you lie and then they find out, immigration may deem you too have committed fraud on them, which may result in you getting barred from the United States permanently.

​If you do have criminal issues, or are otherwise inadmissible, please contact an immigration attorney immediately in order to evaluate your options.

​Another basic reason why people maybe denied at the United States Consulate abroad, is simply because they admit that they do not meet the requirements of the O1 / Artist visa. For example, one of the evidentiary criteria requires the applicant to show that they have performed as a lead, or starring role in distinguished productions. If you admit that a majority of your credits are neither lead nor starring, that essentially admitting that you do not meet the requirements of the peace, and therefore should be denied.

Every visa type is issued for a specific purpose.  If at the interview, you admit that you are entering the United States for a purpose different from the visa that you are applying for, it is most likely that you will be denied.

​For example, if you are applying for the O1 / Artist visa, and you tell the officer that you will be entering the country to start a business, the immigration officer will most likely deny your application. And remember we talked about the contracts and in the itinerary section? The immigration officer may also ask you questions relating to your current employment. Make sure you read the contract and the itinerary thoroughly so that you can answer any questions related to your employment now or in the future.

​This one is all about first impressions. It is not a requirement immigration wise to be able to speak fluent English in order to enter the United States. However, it is harder to state your case, then you are a person of extraordinary ability or achievement, if you are not able to articulate the reasons why in English. The immigration officers at the United States Consulate abroad are US citizens and often do not speak languages other than English. If you are not that comfortable with the English language, you should definitely practice a little bit more before attending the interview in order to prevent any confusion, and to give it a good first impression.

​These are the basic reasons why applications may be denied. Of course, there are multiple other reasons why a case can go horribly wrong. Always make sure that your initial application is the strongest possible.  Work with an immigration attorney that you trust, and has experience working on these type of cases. And if you do get a request for evidence or denial, definitely consult with an immigration attorney in order to figure out if your best options. 

​​ 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, our NYC based  lawyers are devoted to guiding you through US immigration law. Contact us today to schedule a consultation.​​

An O-1 visa is one of the various types of nonimmigrant visas that the United States allots to temporary workers. The O-1 visa is made available to people of proven extraordinary ability in the sciences, arts, education, business, or athletics.

The O nonimmigrant classification is commonly referred to as:

• 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.

If you are interested in applying for the O1 / Artist Visa, you should check out the video below in order to get an overview of 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, our NYC based  lawyers are devoted to guiding you through US immigration law. Contact us today to schedule a consultation.​​

The current lapse in annual appropriated funding for the U.S. government does not affect USCIS’s fee-funded activities including O-1 visa applications. Our offices will remain open, and all individuals should attend interviews and appointments as scheduled. USCIS will continue to accept petitions and applications for benefit requests, except as noted below.

Some USCIS programs, however, will either expire or suspend operations, or be otherwise affected, until they receive appropriated funds or are reauthorized by Congress. These include:

• EB-5 Immigrant Investor Regional Center Program (not the EB-5 Program). Regional centers are a public or private economic unit in the U.S. that promotes economic growth. USCIS designates regional centers for participation in the Immigrant Investor Program. The EB-5 Program will continue to operate.
• E-Verify. This free internet-based system allows businesses to determine the eligibility of their employees to work in the U.S.
• Conrad 30 Waiver Program for J-1 medical doctors. This program allows J-1 doctors to apply for a waiver of the two-year residence requirement after completing the J-1 exchange visitor program. The expiration only affects the date by which the J-1 doctor must have entered the U.S.; it is not a shutdown of the Conrad 30 program entirely.
• Non-minister religious workers. This special immigrant category allows non-ministers in religious vocations and occupations to immigrate or adjust to permanent resident status in the U.S. to perform religious work in a full-time, compensated position.

However, consular visa issuance by the U.S. Department of State, while continuing, may become subject to delay as the shutdown continues, so petitioners and artists should be sure to build in extra time, especially in light of the previous Executive Order revocation by the Trump administration that was already increasing wait times at consulates. Consular officers were reportedly instructed last year to take more time with vetting of visa applicants across all classifications, so it is vital to leave more time than usual for the consular 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.​

Effective November 1, 2018, U.S. Citizenship and Immigration Services (USCIS) has updated its policy regarding the period of time during which a Form I-693 (Medical Examination) submitted in support of a related immigration benefits application e.g green card applicationis considered valid. Form I-693 is used by USCIS officers in determining whether an applicant for an immigration benefit e.g green card application in the United States is inadmissible under the health-related grounds of inadmissibility.USCIS designates civil surgeons in the United States to conduct immigration medical examinations. USCIS is now updating the way the current maximum 2-year validity period is calculated. Currently, the Form I-693 is valid only when a civil surgeon signs it no more than 60 days before the date an applicant files the application for the underlying immigration benefit; and USCIS adjudicates the application within 2 years from the date of the civil surgeon’s signature. If you do not submit a valid Form I-693 Medical Examination, your green card application may be delayed or denied.
 
On August 9, 2018, U.S. Citizenship and Immigration Services (USCIS) published new policies relating to the accrual of unlawful presence for F and M nonimmigrant students, and J nonimmigrant exchange visitors.Pursuant to the revised guidance, students and exchange visitors in F, J, and M status will start accruing unlawful presence as of August 9, 2018 for failing to maintain their status, unless unlawful presence has already started accruing due to a prior finding of violation of status by a USCIS official or because an immigration judge had ordered the individual excluded, deported, or removed. This change in policy is particularly important to students and exchange visitors as they could now find themselves subject to the 3- or 10-year admission bars, which were generally not applicable to them under prior policy. 
Under the immigration law, a person who is unlawfully present in the U.S. for a period of more than 180 days but less than one year, and voluntarily leaves the U.S. before removal proceedings is barred from readmission to the U.S. for 3 years from the date of departure or removal.Respectively, the 10-year bar applies when the unlawful presence period is one year or more. Unlawful presence, as noted in immigration law, refers to being in the U.S. after the expiration of authorized stay or being in the U.S. without being admitted or paroled.
 
With the implementation of this new memo, USCIS is abandoning 20 years of consistent policy in favor of a retroactive approach to unlawful presence.In general, most students and exchange visitors are admitted for the "duration of status" to provide flexibility for the completion of academic programs, rather than a date certain on their I-94 admission records. Prior to this new unlawful presence policy, a student or exchange visitor would only begin to accrue unlawful presence after an immigration benefit application is filed and USCIS determines that the student or exchange visitor has violated his or her status, or an immigration judge ordered the student or exchange visitor excluded, deported, or removed. By changing the unlawful presence policy, students and exchange visitors now must be extra diligent to ensure that they maintain their status.

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

The O-1 visa is for the individual who has 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.

​To apply for an O-1 visa a foreign national must have an employer in the U.S. or a U.S. agent as his or her petitioner. Foreign nationals are not allowed to self-petition for an O-1 visa. You, the foreign national, are considered the beneficiary of a petition filed by someone else – your employer or U.S. agent. Check out this video to find out who can be your petitioner/sponsor.

​To begin the petition process, the employer or agent must:

• Complete the Form I-129, Petition for Non-Immigrant Worker. Review the instructions for the Form I-129 and complete the Form I-129 and related Supplements.
• Submit the Filing Fee(s). Include the appropriate filing fee with the Form I-129. Refer to Form I-129 instructions for further details.
• Submit Evidence. Include all supporting documentation.
• Sign and File the Form I-129. File the petition at the correct filing location according to form instructions.

There are certain requirements if you (the petitioner) are filing as an agent for multiple employers. The required conditions can be found in the following memorandum.
​
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.​

1. Tell me about your artistic life
Jessica Glenn Rookeward is originally from Sydney Australia, now living and working in New York, NY as a performer in Musical Theatre, Film and Tv. Miss Rookeward has been performing since a very young age and since the has accomplished a rather impressive resume. 
Since moving to New York to study at AMDA – the American Musical and Dramatic Academy, where she graduated in 2017 with a degree in Musical Theatre, she has performed in NYMF – The New York Musical Festival in UNITED WE STAND as a soloist; FREDDIE – as Stacey, a new play; Equity stage reading of MARGIE DITCHES THE EXPANDABLE PIG – Louise; THE DIVINE MISS BETTE (American Tour) – Harlot (Neil Gooding Productions); ASCAP/TDP Scholarship Cabaret at Don’t Tell Mama; FIREFLY: Bluegrass Cabaret (Inara). She has also done a few tv appearances as extras on THE GRAND TOUR add for Amazon Prime; and an extra on LOVE IN NEW YORK – a Chinese tv show. Highlights of her career thus far have been playing the lead role of WENDLA in the prestigious ATYP’s Australian production of SPRING AWAKENING, with which she was nominated for two Sydney Theatre Awards – Best Newcomer and Best Performance by a Female in a Musical. 

2. What are you currently working on right now?
Right now, I am shooting a mini series for the History Channel in New York. A part from that I am constantly auditioning daily for musicals and plays as much as I can, plus still sending in audition submissions for project in Australia and London. Working three jobs and also working on my own scripts I am writing. 

3. What visa are you on right now?
Right now, I am on my O1 work visa.

4. Tell me about any difficulties you may have faced while applying for the visa?
The main difficulties I have faced is rejection of jobs either theatre or film based on the old VISA I was on (OPT) or the fact I didn’t have one (the limbo time when my old visa had finished and I was waiting for my new one). No agents or managers would take me since I “wasn’t a guaranteed thing” due to not having a visa,  but now on my O1 I can get an agent, work on more tv and film networks and be available for the next three years, not limiting me to projects. 

5. Do you have any advice for people who might want to apply for the same visa as you?
Get started early, collect as much information on yourself as you can, even if you don’t think its useful it is better to have more than less – be open to your credits or information not being enough, there are other ways. It is possible, even If you can get a sponsor or petitioner - there are options out there. One thing for me that I found hard was the emotional stress and worry it had on me, worrying “will I get it”, “What more can I do to get it”, “I’m not ready to go home”. That was the hardest part about the process, the stress it created. But thanks for Marcus Yi, he led me through this so well that I believed he could get me there to the best of his ability and made me feel as confident and calm as I could going through the process. A lot of the time my school and casting people would tell me to go home since I wouldn’t work here on certain VISA’s but that’s not true, it can happen,  it will happen, it is happening. Go with someone who you feel completely confident in to handle your case, that’s how I felt with Marcus.
​
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.​

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 on 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 we’ll need someone to apply on your behalf, and this person is known as the petitioner.

A sponsor (correctly known as the "petitioner") for the O1 / Artist visa is either a US citizen or US based company working this your field. For example, if you are an actor, a proper sponsor / petitioner could be a theater company or writer or director that is a US citizen and that 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.

​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.

​Think of an itinerary as a calendar of events that specifies they 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.

​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.

Other than the contracts and itinerary, you will also need to provide a consultation letter from a union, peer group or management organization.

​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.
 
So now that you have a petitioner, your itinerary and contracts and consultation letter, its time to prove that you are extraordinary.

​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.

​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.

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 achievement you have in your industry. Also, how many letters do you need? The answer is as many as you can get. 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.
​

​In order to meet this evidentiary criteria two factors are considered. First you must be either a lead or starring participant and the production that you are participating in must be considered distinguished. If you only meet one and not both factors you will not be able to meet this criteria. Check out our in depth explanation of this criteria.

​In order to meet this evidentiary criteria two factors are also considered. First you must be either a lead, starring, or critical role and the organization that you are working for in must be considered distinguished. Similarly, if you only meet one and not both factors you will not be able to meet this criteria. Check out our in depth explanation of this criteria.

​This criteria basically means press. Press refers to interviews or reviews by or about you. And in addition, where the press is published is important as it has to be considered major. Check out our in depth explanation of this criteria.

​Examples of this one include if you have a hit movie or HBO series in which the ratings are through the roof or the critics love you. 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.

​For this criteria you have to show that you are making way more money than anyone else in your industry. Another very difficult criteria to meet. Check outour in depth explanation of this criteria.

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 that you may submit other forms of documentation that are appropriate.

​Another thing I want to talk about today are the different standards of proof for different artists. Standards of proof are what make it easier or harder for different artist 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. So 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 soon as you can see it is much more difficult for film artist to get the visa then the rest of the other types of artists. 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.

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.

The O1 / Artist Visa beneficiary is only allowed to work in their area of extraordinary ability. This means that if they applied as an actor, they will only be allowed to act. Other types of employment such as working at a bar or restaurant  is not allowed and will be considered a violation of their visa status. However, there are other examples that are not so clear cut. For example, if you applied as an actor but have been asked to perform at a children's birthday party as a character performer. Would that be allowed? The short answer is 'It Depends". Every O1 / Artist Visa Application should include a detailed job description. So depending on how are you craft the job description it is possible that such employment would be allowed.

For fiscal year 2017, 17, 011 O1 visas were issued and 3982 were denied according to statistics issued by the Department of State. This is about an 81% success rate. However, this number does not include how many application were denied at the USCIS stage. Based on my opinion, chances of approval very 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. Sometimes I get asked, "Does your lawyer matter?" And the answer is "Yes". But not because the lawyer has some sort of connection with USCIS. And it does not matter whether the firm is large or not. The lawyer matters because a terrible lawyer can screw up your case even if you have sufficient credits. However, if you do not have sufficient lead credits, an amazing attorney is not able to perform a miracle and give you those credits. 

O1 / Artist visa costs tend to vary depending on the 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. Legal fees can range from $3500 to $10,000 depending on the attorney and the complexity of the case. Contact us to set up a consultation in order to figure out your chances and costs.

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 an employment. However, with this new immigration memo, no such deference is to be given an all applicants are to be treated the same. Some of our clients have been approved despite applying under the Trump Administration. Check out their O1 / Artist Visa success stories here.

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.

Marcus Yi, Esq. provides personalized immigration law representation for both employment and family based immigration matters. 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. As 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.Even if the O1 / Artist visa is not for your, there may be other employment visa options that will allow you to live and work in the United States. Contact us to set up a consultation in order to receive personalized advice.

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.​

After your O-1B /  artist visa petition (I-129) has been approved by USCIS, you will need to attend an interview at a US consulate outside the United States in order to get the visa document in your passport.

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.​

For O-1B / artist visa applications, ensure that you file at least 3-6 months in advance in order for USCIS to process it in time.

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.​

For O-1B / artist visa applications, your itinerary must clearly state the dates of employment, the location of the employment, and the address of the employer.

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.​

For O-1B / artist visa applications make sure your evidence is clearly organized. Make it easy for the adjudicating officer to review your materials.

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.​

For O-1B / artist visas, make sure that your letters of recommendation clearly state the credentials of the person writing the letter.​

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 actor Nick Fang needed a New York O1 Visa Lawyer to help him apply for the Extraordinary Ability, we were there every step of the way.

1. Tell me about your artistic life
I was born and raised in Taiwan, New York City to me is like a dream stage, I think that’s part of my American dream, a place that actor’s dream come true, so I moved here in 2015 and started my acting career.  I did a few shows from theater play to feature films, I received a lot of opportunities than I did back in Taiwan.

2. What are you currently working on right now?
I’m still doing freelancing acting with a weekly improvisation show in East Village New York, and I signed with an agency right now, I believe that my career can be even better than before.

3. What visa are you on right now?
I’m holding an O-1 (ARTIST) visa

4. Tell me about any difficulties you may have faced while applying for the visa?
When I finally make everything on track, I only have around 35 days to finish all the portfolios and applications, so it was a huge struggle for me, even though if you want to pay full of attention on your application, but I still have auditions and rehearsals to attend, so basically I didn’t really get any rest during those days, but I’m glad that everything paid off now.

5. Do you have any advice for people who might want to apply for the same visa as you?
Keep your record for every performance you did, because once you need to apply, you have to do a lot of searching, so it is better if you already have those prepared then started to search your performance during your “final countdown” ​

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.​

For O-1B / artist visa applications, the petitioner can be a US citizen or a US based company.

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.​

​For O-1B  / artist visa applications, always make sure you add a cover letter explaining why you meet all of the evidentiary criteria. Failure to do so will result in a request for evidence.

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 composer Hung Ping Chang needed a New York based O1 visa lawyer to help with her O1 application, we were there every step of the way.

1. Tell me about your artistic life
 I am grateful that my artistic life is fruitful. I met so many talented musicians on this journey, who also carry the strong ambition to pursue the great music. It brought me motivation to keep writing the music in order to share more beauty of music with more people. Sometimes, when getting the commissioned piece, it’s really stressful to complete the work before the deadline, but it is always good to have the deadline since it pushes me forward to create the unlimited ability and explore the inspiration in my heart. Besides, I take serious attitude on the rehearsal in order to achieve the perfect interpretation, including preparing the finest score for the musicians, making sure every detail about the music and the solo part before the group rehearsal. It’s always a great pleasure, a wonderful time for me when working with all the marvelous musicians. Although sometimes, the composer’s life is lonely, when the pieces were performed on the stage finally, it’s hard to describe that moment. Especially, when both the musicians and audience came to me and said that they love my music and are inspired by my composition, it is a priceless gift for me. 

2. What are you currently working on right now?
I am working on revising my orchestra piece into Chinese Orchestra version for the concert next year now. In addition to the classical concert, I also work on some plans and projects about scoring for multimedia and musical.

3. What visa are you on right now?
I have O1 visa now.

4. Tell me about any difficulties you may have faced while applying for the visa?
 I think one of the difficulties is to collect enough concerts, especially for a composer. 

5. Do you have any advice for people who might want to apply for the same visa as you? 
​I deeply recommend having a good O1 visa lawyer! I am lucky to meet my O1 visa lawyer Marcus Yi who always guided me during this "process". He knows what you need and what you have to work on and is always efficient and responsible on the procedure. And about all the document, I strongly recommend preparing as early as possible. It’s important to know what to prepare and it’s always wise to figure out the correct direction for the artistic visa in the very beginning. Besides, it’s quite important to have and manage the good connection. This helps pretty much on the recommendation letter, contract and press for O1 visa application.

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.​

Composer/musican JP Jofre was looking for an O1 visa lawyer based in NY to help him with his second O1 application and we were ready to assist.

1. Tell me about your artistic life
I am a composer and bandoneon player. I mostly work with symphony orchestras and chamber music.

2. What are you currently working on right now?
Currently writing 2 double concertos for clarinet-bandoneon and violin-bandoneon, both with string orchestra, piano and percussion.

3. What visa are you on right now?
O-1 Visa

4. Tell me about any difficulties you may have faced while applying for the visa?
Getting documents signed, since most artists are busy traveling. Some times finding a petitioner.

5. Do you have any advice for people who might want to apply for the same visa as you?
Try not to pay for petitioner, I've heard many young artist have paid for someone to be their petitioner when most of the time it can be your friend/colleague. Meet with your lawyer first and make sure your recommendation letters and contracts are ready to be signed before you ask your contractors-colleagues to sign the documents.

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.​

1.Tell me about your artistic life
 
I graduated from the National Taiwan University Of Arts with B.F.A in Acting. During my Sophomore year, I was lucky to join the VMTheatre Company in Taiwan and have been performing professionally since then. I performed with VMTheatre Company in many productions in Taiwan. When I was 21, I was cast in the musical Anything Goes with Asian Pop Star Evonne Hsu and recorded a single with her. I came to New York for further education in Musical Theater and graduated from AMDA in 2016 with performing diploma in Musical Theater. Just like many fifty thousand actors in New York, I went to hundreds of auditions during the OPT year and have been blessed to work almost non-stop after AMDA. I performed in several plays, musicals, dance, and film in New York during my OPT. 
 
2. What are you currently working on right now?
 
Currently, I just made my Off-Broadway debut in Anything Goes at Theater Row. An actor's job is to find a job so I'm still auditioning most of the time. Currently, I'm a dance and voice faculty at 2 art studios.
 
3. What visa are you on right now?
 
Thanks to Marcus Yi's help. I just got my O1 artist Visa.
 
4. Tell me about any difficulties you may have faced while applying for the O-1B visa?

The visa application process is very complicated in many ways. It needs to be formal and well written. Not every Immigration officer knows how show business works so it's a lot of work to help them understand the profession. English is not my first language so I do feel stress sometimes while preparing the Visa application. Thanks to my friend Marcus, I finished the application in time before the grace period end. Since I have been working in the industry for a while I don't actually have a lot of performing credits issue. But, finding performance documents is not easy for me. Most of my performing credits are in Taiwan and sometimes it's hard to find the digital copy or digital program. Not everyone you worked with before has time to write you a recommendation letter. Sometimes they are so busy so I have to gently remind them. It took me a while to get all the recommendation ready.
 
5. Do you have any advice for people who might want to apply for the same visa as you?
 
If you are a student who just got your OPT and would like to apply for the O1 artist visa in the future, Don't wait till the last minute to consult with a lawyer regarding your artist visa. Especially for someone without former performing credits. Marcus will guide you how to wisely choose the performing jobs within the OPT period. And always start early! It took me almost 6 months to file everything.
 
Collect your performing documents as soon as possible. It's a long process so better start earlier. Do what your lawyer told you to do. You might get confused why your lawyer told you to prepare so many paper works. Trust your lawyer, they know what they are doing and you hire them to assist you.
 
The O1 artist visa application is a huge work. You might feel very stressful at the beginning so just focus on one thing at a time. Follow the guide from your lawyer and you will be fine. I'm not a well-organized person, to be honest. So Marcus always reminds me of the deadline for certain documents. That really helps me a lot.
 
Some credits are not really useful for the O1 artist visa. So please ask your lawyer's opinion before taking several projects. For example, student film/educational theater project doesn't really count as a credit. I was quite shocked when I first heard that.
 
Choose your lawyer wisely! I worked with Marcus in the theater before so I know he is very professional and reliable. 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 immigration lawyers know anything about show business, so I strongly suggest to work with the lawyer with an artistic background like Marcus.   

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.

1. Tell me about your artistic life
I am a NYC based dancer and choreographer. I currently dance for Michiyaya Dance Company, which is an improvisation based all-women 's contemporary dance theater based in NYC. Beside that, I am also a co-artistic director of my own dance theater company, Suku Dance Lab. With Suku Dance Lab, we merge dance with different form, genres, media and style of art as an agency to establish a dynamic and nuanced lens through which to examine community - how human experiences can be deeply unique and simultaneously universal. Additionally, I am also an independent contractor who create, direct, perform and collaborate with different artists throughout NYC. I have worked closely with Yara Travieso, Katie Rose McLaughlin, and with an arts organization called The Creators Collective.

2. What are you currently working on right now?
I am currently working with Michiyaya Dance for our second evening length concert called "Spline" premiering this March 25 & 27 at Manhattan Movement & Art Center (MMAC). You can learn more about Spline here . Together with Michiyaya Dance, we just wrapped up our collaboration with THINX, a woman empowering underwear brand, on the launch of their latest activewear collections. I am also working on our first evening length project called "Me Hago Falta" with Suku Dance Lab that will premiere Fall 2017. I am excited to share that this project was a recipient of the Brooklyn Arts Council (BAC) Grant Award. You can learn more about Me Hago Falta here 

3. What visa are you on right now?
 I am currently a O-1 visa holder.

4. Tell me about any difficulties you may have faced while applying for the visa?
The most difficult part in this process is definitely to get as many press coverage on my work as I can. The fact that I just move to NYC a year ago when I started the process of applying for my O1 visa definitely does not make it easier. I started my dance company at the same time I moved to NYC; I auditioned to almost all the posts I saw on Dance NYC; I applied to almost everywhere looking for a venue or festival where I can present my work. Nobody knows me in this city. I don't have the community or connection that I can reach out to to ask for help. The fact that I am so new in this city makes it really hard for me to get people to say yes, whether it is to write an article about me or my work, to give me an opportunity to work with them, or to say yes to presenting my work. It is a very draining and nerve-wrecking process. To do all these in a year post graduation, to collect proofs and paperworks, showing that you are "extraordinary enough" for someone who probably has no idea what your voice is as an artist to judge your artistic value, didn't seem to make sense and sounded impossible at first. However, the rules are the rules even though they aren't pretty. There's nothing much we can do to change it. But it is doable. Every little things count no matter how little they are. It leads me to one thing and then to the other thing. The good side is, this visa application process definitely give me an extra boost of motivation since I cannot afford to slack because clock is ticking. In the end, I get to kill two birds with one stone - secure my status as a woman immigrant artist in this country and launch my career faster.

5. Do you have any advice for people who might want to apply for the same visa as you?
​Not to wait on others to give you the opportunities to showcase your work. Create your own opportunity. You should in general anyways, but especially in this case. Don't procrastinate, hustle, and don't forget to give yourself a rub on the back.

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.

1. Tell me about your artistic life
I am a music composer focusing on scoring for TV, film, advertising and video-game music production. I have also been an experienced guitarist who frequently perform with different bands in New York, Boston and New England area.
 
2. What are you currently working on right now?
Currently, I’m working on scoring some albums for music licensing companies. I am also a mixing engineer for the post production process of the concert I’ve conducted. Occasionally, I’m performing as a bassist and guitarist in New York and Boston. 

3. What visa are you on right now?
O1 Visa

4. Tell me about any difficulties you may have faced while applying for the visa?
Finding the documented evident of past performances was one of the most challenging part of the process. 
​
5. Do you have any advice for people who might want to apply for the same visa as you?
Workload of paperwork will be confusing and frustrating. So, to avoid that situation, you should constantly keep documented records of all your work and organise them no matter how big or small they are. ​

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.

Dong Liu is a composer/music director who was in need of a O1 visa lawyer based in NY. 

1. Tell me about your artistic life

I'm a music composer and have been working in the field for over 6 years. Mostly I compose music for films, animation and games, but I'm always open to working with any kind of multimedia. 

2. What are you currently working on right now?

I'm working on the scores for couple of local short films right now. I have a feature animation film and game project coming up from China in the second half of 2016. 

3. What visa are you on right now?

I'm now hold the O-1 artist visa.

4. Tell me about any difficulties you may have faced while applying for the visa?

The biggest challenge for me during the application process is to collect the photos of myself from different projects. I'm not a big fan of selfie, so, very tough for me. 

5. Do you have any advice for people who might want to apply for the same visa as you?

FIND MARCUS

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.