​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”. For this post, we will focus on the fifth evidentiary criteria which is “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.”
 
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.
 
So for the fourth evidentiary criteria, an applicant must show “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.” Furthermore, the “testimonials must be in a form which clearly indicates the author's authority, expertise, and knowledge of the alien's achievements”.
 
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:
 
“Testimonials must be in a form which clearly indicates the author's authority, expertise, and knowledge of the alien's achievements”
This part is essentially asking for letters of recommendation. However, the quality of the letters is what will determine if you meet this criterion. Essential elements of all letters of recommendation include a bio of the author, and how they know the beneficiary’s work. Letters that do not have the author’s bio must be substantiated with supplemental evidence to prove the author’s authority.
 
“Experts in the field”
The authors writing the letters must be considered experts in the field. The bar to being considered an expert is actually pretty low. As long as the person can demonstrate that they have been working in the field for several years, they may be considered an expert.
 
“Significant recognition for achievements”
It is not enough for an author to simply state that the beneficiary is talented and should be given the visa. The author must explain with examples what the beneficiary has achieved, and what type of recognition they have received.

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”. For this post, we will focus on the fourth and sixth evidentiary criteria which is “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”, or “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”.
 
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.
 
So for the fourth evidentiary criteria, an applicant must show “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”. The sixth evidentiary criteria consists of  “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”.
 
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 these criteria.
​
“a record of major commercial or critically acclaimed successes”
This is one of the more difficult criteria to prove. Generally, this means if you have been in a major blockbuster movie for the past couple of years, you’ll qualify for this. A one time appearance in a movie is not sufficient.
 
“a high salary”
Another difficult criterion to prove. Not only must you show your salary, you must show general industry wages, and that your salary is much higher. It is an extremely difficult criterion to prove unless you are Brad Pitt.

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”. For this post, we will focus on the third evidentiary criteria which is “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”.
 
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.
 
So for the third evidentiary criteria, an applicant must show “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”. 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.
 
“lead, starring, or critical role”
When USCIS determines if the role is “lead” or “starring”, they look to see where the beneficiary is in the hierarchy of the organization. If a beneficiary is the CEO, Founder, President, or some other role that is pretty high up in the organization, then they may be considered to have played a “lead” role. But what about a “critical” role? A beneficiary can be said to have played a “critical” role for an organization if their work has somehow brought essential help towards the organizations. Examples include performing as a lead role in a production that the organization produced. Or bringing huge attention and acclaim to the organization as a result of the beneficiary’s work. Ideally, a testimonial from the organization should attest to how the beneficiary has played a critical role for them and what benefits the organization has received as a result of the beneficiary’s work. However, this is only half of the evidentiary criteria, if the organization in itself is not distinguished, the fact the beneficiary has played a “lead, starring or critical” role is not enough to satisfy this criteria.
 
“organizations and establishments that have a distinguished reputation”
So how does an organization prove that they are distinguished. Certainly, longevity helps. If an organization has been around for a while, USCIS tends to regard them as distinguished, and less so if they have only been set up a few months ago. Other evidence of being distinguished can be the track record of the organization, any awards and prizes that the organization has won, and any form of press that the organization might have received for its work. The more evidence you can provide the better.
 
In short, if an applicant can demonstrate that the beneficiary has or will have performed a “lead, starring, or critical role” for “organizations and establishments that have a distinguished reputation” they will have met this evidentiary criteria and have made it one step closer to getting the O-1B visa.

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”. For this post, we will focus on the second evidentiary criteria which is “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”.
 
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.
 
So for the second evidentiary criteria, an applicant must show “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”. 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.
 
“National or International Recognition”
This part means that the beneficiary must have national or international coverage about them or their work. This would include interviews, or articles about the beneficiary or their current work. The media could also be published in the United States or abroad. Ideally, the press should name the beneficiary or at least the production they are involved in.
 
“Evidenced by critical reviews or other published materials by or about the individual”
This is the form that the coverage takes. Ideally, a review from the New York Times would be the best form of evidence. However, “other published materials” provides an avenue for an artist to essentially provide any and all forms of press coverage including advertisements.
 
“Major newspapers, trade journals, magazines, or other publications”
The key word in this section is “major”. USCIS has routinely held that the media outlets must be major in nature, and not just the newspapers. So how do you prove that a media outlet is “major”? Typically, USCIS wants circulation numbers. The more the media is circulated the more likely that it will be considered major. Blogs may be considered “major” if it is read by large numbers of people.  
 
In short, if an applicant can demonstrate that they have “national or international recognition” as “evidenced by critical reviews or other published materials by or about the individual” in “major media”, 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 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.

After submitting your application to USCIS the best result you can get is of course an immediate approval. However, as USCIS continues to crack down on O visa applications, more often than not you will receive a request for evidence (RFE). RFEs can range from simple requests to extensive nightmares. Here are five tips to help you prevent getting a RFE:

1. Provide the passport page of the Petitioner
If the petitioner is an individual, USCIS will want to run a background check on that person. A clear copy of the petitioner's passport biographical page must be provided. Without it, USCIS we'll send a request for evidence which may delay the processing of your case.

2. Make sure the itinerary is clear
Vague and contradictory itineraries often are the cause of requests for evidence. Ensure that the itinerary has sufficient information about the events, and that ideally, the events do not overlap. If it looks like the beneficiary will have to be in two places at the same time, the itinerary will be flagged for a RFE.

3. Make sure the contracts are valid
Speculative contracts are not allowed when filing an O Visa application. Every contract must be sufficiently detailed as to not be speculative. Key terms that must be included are the payment amount, name and address of employer, name and address of venue, and the duties of the beneficiary.

4. Clearly establish eligibility for each evidentiary criteria
Make sure you have a cover letter that explains how you meet the criteria for being extraordinary. If you are working on the first criteria, Make sure that you establish your role as "leading or starring" and that the production is distinguished. Failing to explain why you meet any of the evidentiary criteria completely is an open invitation for a request for evidence

5. Provide adequate supporting evidence
Arguments are only as good as the evidence provided. Al submitted evidence must support each evidentiary criteria. It is impossible for you to give too much evidence. More is better. Less is a request for evidence waiting to happen.

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 applying for an Artist / O visa, an artist cannot apply for his or herself. Every application must be made by a petitioner who needs the artist's services in the United States. Here are top questions and answers about O visa petitioners:

1. Who can be my artist / O visa petitioner?
Any U.S. employer, a U.S. agent, or a foreign employer through a U.S. agent can petition for you. However, the petitioner must at least be in the artist's field of expertise. This also means, that a U.S. citizen, who is in the artist's field may petition for them as long as there is a legitimate reason why the petitioner requires the artist to work in the United States.

3. How can I freelance with only one petitioner?
The O visa does not allow an artist to freelance, but if the petitioner is also an "agent", the artist may be able to work with different employers during their time the United States. If the petitioner acts as an agent for both the employers and the artist, the artist may be able to work with different employers during their length of stay.

4. How does a petitioner qualify as an "agent"?
The first thing to note is that being an "agent" is not the same as being a commercial agent that gets an artist work. An "agent" for the purposes of immigration just means that the person is authorized to act as a representative for other employers. The petitioner does not have to demonstrate that it normally serves as an agent out of context of the immigration petition. 

5. How do I show my petitioner is also "in business as an agent"?
The petitioner / agent just needs to present a signed document signed by the beneficiary's other employers which state that the petitioner is authorized to act in that employer's place as an agent for the limited purpose of filing the O visa.



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.

With every artist / O visa application, every petitioner has the burden of providing a consultation letter from a peer group, labor union and/or management organization, having expertise in the alien's field of endeavor. Here are 5 things you need to know when obtaining these consultation letters:

1. Consultation letters are advisory in nature only
The Adjudicator's Field Manual states that "consultations are advisory in nature only and are not binding on USCIS. A negative consultation does not automatically result in the denial of the petition, as decisions must be based on the totality of the evidence. Accordingly, if the petitioner can submit evidence that overcomes a negative advisory opinion and which establishes the merits of the alien, USCIS may approve the petition." However, it is good to note that USCIS does take the content of the consultations seriously. Negative consultations have been a basis for denials in the past. If you get a negative consultation, please contact an immigration attorney immediately to help you proceed.

2. Not everyone needs them
Sometimes your field of endeavor just does not have a relevant peer group or union. Maybe your art form is too cutting-edge for there to be an appropriate management group. In those cases what do you do? USCIS states that "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."

3. There are good labor organizations and there are bad labor organizations
All labor unions and peer groups are not the same. In fact, they tend to differ greatly when it comes to providing consultation letters. For example Actor's Equity and the Director's Guild of America are notorious for giving out bad consultation letters. For a complete list of appropriate peer groups and labor organizations please go here.

4. Every peer group or labor organization has its own requirements and fees
Every single peer group and labor union will have varying requirements as to what to submit when applying for a consultation letter. Some will want the minimum, in order to avoid wading through piles of paperwork, and some will want everything you submit to USCIS. Every organization will also have greatly differing fees. It is advisable to consult with each organization directly in order to figure out what exactly they want.

5. They are valid for two years
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.

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.

A fundamental part of preparing an 0-1B visa application is the preparation of expert testimonials that can attest to the beneficiary's significant achievements. USCIS specifically states that a beneficiary must provide evidence that he, or she has:

• 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

Below are top tips to writing good testimonials that will help you win your 0-1B case.

1. Make sure that the person writing the testimonial is an expert
The regulations provide that the person writing the testimonial must be an expert in the field. Every good testimonial must include the bio of the expert in order to prove that he, or she has specific knowledge of the field. Newcomers to the field are not considered experts. Experts are those that have significant experience in the field, as evidenced by prior achievements, awards, press, and reviews.

3. Highlight significant achievements in your area of expertise
Every testimonial must indicate your significant achievements in your field of endeavor. It is not enough for the expert to state that your work is good, and you are a nice person. The testimonial must point to specific facts such as your prior work experience, press, awards, and other forms of evidence that might point to the fact that you are truly a person of extraordinary ability.

4. Show your achievements to be the top of your industry
It is also not sufficient to merely state that you have achieved prominence in your industry. Every testimonial should explain why each and every achievement is prominent in the field. For example, if you have won a specific prize, it is necessary to explain whether the prize is considered to be exclusive, only awarded to those at the top of the field.

5. Use testimonials as evidence for other evidentiary criteria
Testimonials can also be used as evidence in order to satisfy the other forms of evidentiary criteria. For example, if you are unable to get other forms of evidence that shows that you have performed a critical or leading role for an organization that is distinguished, a testimonial from a representative of that organization maybe sufficient to satisfy that 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.

After filing numerous numbers of artist visa applications, I have noticed that there are good ways, and there are better ways when it comes to filing an O1B visa. Here are some of the things that I've learned:

1. Cover letter
One of the top mistakes in filing an Artist Visa application is the failure to include a detailed cover letter. A cover letter is the essential roadmap for an immigration officer to follow, hopefully leading them to the conclusion that you are truly an artist of extraordinary ability. A good cover letter should include the bio of the petitioner, a detailed job description, an explanation of why you meet all the evidentiary criteria necessary to prove extraordinary ability, and the table of contents for all materials provided. For a basic sample cover letter please go here.

2. Fill out all forms properly
This might sound like a no-brainer to you, but the most common reason why applications get rejected and returned to the petitioner is due to improperly filled out forms. If you are filing for the artist visa you will need to fill out form I-129. Make sure that all fields are completely filled out. Any signatures must be signed in blue ink. You do not want your application to be returned to you simply because the immigration officer thinks that your signatures are not original, especially if your application is time sensitive.

3. Job description
Every single cover letter should include a detailed job description. The job description is essential to defining the scope of your employment in the United States. A well written job description will allow an artist the maximum amount of freedom in practicing his, or her art, without limiting the type of work that they can do in the United States. However, a vague job description make confuse the immigration officer and lead them to question whether or not the O1B visa is appropriate for you.

4. Arrange supporting evidence neatly
All supporting evidence must be attached in a manner that is easy to access and read. I recommend using legal tabs that stick out at the bottom to properly arrange your evidence. Do not use tabs that stick out at the side, as it makes it difficult for the immigration officer to file your application. If you have any supporting evidence that is in a foreign language, ensure that all translations are attached. All translations must be accompanied with an affidavit from the translator certifying that the translation is accurate and true to the best of their knowledge.

5. Use a mail service that you can track
It is very important for you to be able to track your package once you mail it out. USCIS recommends using FedEx but UPS is fine too. The most important thing is that you are able to track your package every step of the way, as well as receive confirmation that it has been received. This is especially important for applications that need to meet a tight deadline. Before I send out an application package, I like to use a marker pen to write the words "O1B Visa" on it so the folks at the mail room can get it to the appropriate immigration officer.

6. Pay the correct filing fee
USCIS requires that you pay the correct filing fee, if not they will reject your application and return it to you. Generally the filing fee for an Artist Visa / O1B visa is $ 460. However, you should always check the latest filing fees with USCIS. Checks should be made out to the Department of Homeland Security not USCIS. Do not send cash.

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.