O1 / ARTIST VISA: HOW TO APPLY
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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.
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.
O1 / ARTIST VISA SPONSOR? WHO IS THAT?
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.
THE O1 / ARTIST VISA IS GRANTED FOR HOW LONG?
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.
AN O1 / ARTIST VISA ITINERARY? WHAT'S THAT?
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.
AN O1 / ARTIST VISA CONTRACT? WHAT DOES IT NEED TO CONTAIN?
All O1 / Artist visa contracts need to include, the name of the employer, the Address of the employer, the address of where the work will take place, and how much you will be compensated. Immigration is able to accept other forms of contracts such as email contracts or deal memos as long as the same information is included.
Other than the contracts and itinerary, you will also need to provide a consultation letter from a union, peer group or management organization.
Other than the contracts and itinerary, you will also need to provide a consultation letter from a union, peer group or management organization.
AN O1 / ARTIST VISA CONSULTATION LETTER? WHAT IS THAT?
A consultation letter is a letter from a union, peer group or management organization. Every organization has different procedures on how to apply for a consultation letter. You do not need to be a member of the union or peer group in order to apply. The way this works is before you submit the visa application to immigration you send a copy of the entire application to the union or pure group, pay the consultation letter fee, and they will send you a letter that you will need to include with your application to immigration. If you are about to apply for a consultation letter, check out 5 Things You Need To Know About Consultation Letters.
So now that you have a petitioner, your itinerary and contracts and consultation letter, its time to prove that you are extraordinary.
So now that you have a petitioner, your itinerary and contracts and consultation letter, its time to prove that you are extraordinary.
HOW DO I PROVE I AM EXTRAORDINARY FOR THE O1 / ARTIST VISA?
One of the ways to show you are extraordinary is evidence of awards or prizes in the particular field, such as an Academy Award, Emmy, Grammy or Director's Guild Award.
UH...WHAT IF I DON'T HAVE THOSE? CAN I STILL APPLY FOR THE O1 / ARTIST VISA?
Even if you don’t have a major award it is still possible to apply for the O1 / Artist Visa. Immigration has provided seven evidentiary criteria, and if you are able to meet three out of the seven you are considered extraordinary and will be given the Visa. Let’s take a look at all seven.
EVIDENTIARY CRITERIA #1 O1 / Artist Visa applicant must have received significant recognition for achievements from organizations, critics, government agencies or other recognized experts in the field in which the beneficiary is engaged, with the testimonials clearly indicating the author's authority, expertise and knowledge of the beneficiary's achievements
This evidentiary criteria basically means the letters of recommendation. However, the latest recommendation must prove that the person writing it is considered an expert in the field, and must include information about your achievements in the field. It is not good enough for a person to write that you are talented they must give specific examples of what types of 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.
EVIDENTIARY CRITERIA #2 O1 / Artist Visa applicant must have Performed and will perform services as a lead or starring participant in productions or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications, contracts or endorsements
In order to meet this evidentiary criteria 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.
EVIDENTIARY CRITERIA #3 O1 / Artist Visa applicant must Performed and will perform in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation as evidenced by articles in newspapers, trade journals, publications, or testimonials.
In order to meet this evidentiary criteria 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.
EVIDENTIARY CRITERIA #4 O1/ Artist Visa applicant must have Achieved national or international recognition for achievements, as shown by critical reviews or other published materials by or about the beneficiary in major newspapers, trade journals, magazines, or other publications
This criteria basically means press. Press refers to interviews or reviews by or about you. 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.
EVIDENTIARY CRITERIA #5 O1 / Artist Visa applicant must show a record of major commercial or critically acclaimed successes, as shown by such indicators as title, rating or standing in the field, box office receipts, motion picture or television ratings and other occupational achievements reported in trade journals, major newspapers or other publications
Examples of this one include 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.
EVIDENTIARY CRITERIA #6 O1 / Artist Visa applicant must show a high salary or other substantial remuneration for services in relation to others in the field, as shown by contracts or other reliable evidence.
For this criteria you have to show that you are making way more money than anyone else in your industry. Another very difficult criteria to meet. Check outour in depth explanation of this criteria.
EVIDENTIARY CRITERIA #7 (THE CATCHALL) If the above standards do not readily apply to the beneficiary’s occupation in the arts, the petitioner may submit comparable evidence in order to establish eligibility
This criteria tends to only be for artists that are in emerging or very unique fields that do not meet the rest of the criteria. If you feel that your art is so completely unique that it does not meet the other criteria 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.
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.
O1 / Artist Visa Applicant: Working for Multiple Employers
One of the wonderful things about the O1 / Artist visa is that if applied for correctly, the beneficiary will be able to freelance and work for multiple employers. The way this works is the O1 / Artist Visa beneficiary needs an Agent to represent them as a "go-between" them and the employers. A U.S. Agent may be the actual employer of the beneficiary, the representative of both the employer and the beneficiary, or a person or entity authorized by the employer to act for, or in place of, the employer as its agent. Usually it is the sponsor who ends up being the beneficiary's agent. In order to make this work, specific requirements must be followed in order for the beneficiary to work for multiple employers.
O1 / ARTIST VISA WORK RESTRICTIONS
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.
O1 / ARTIST VISA APPROVAL RATE
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 COST
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.
O1 / ARTIST VISA UNDER TRUMP
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.
O1 / ARTIST VISA TO GREEN CARD
Strictly speaking there is no way to transition from the O1 / Artist visa to a green card. This is because the O1 / Artist visa is a nonimmigrant visa. However, there is an immigrant based visa called the Employment-Based Immigration First Preference EB-1 visa which could allow for a green card. The reason why so many people get confused is because this visa is also based on extraordinary ability, and some of the evidentiary criteria overlap with the O1 / Artist visa. However, the standard of review is much higher since it is for permanent residence. If you have been on the O1 / Artist visa for a while it is quite possible you have enough credits to apply for the Employment-Based Immigration First Preference EB-1 visa which could in turn lead to a green card.
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.
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