O1 ARTIST VISA TOP DENIAL REASONS AND HOW TO AVOID THEM
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:
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:
TOP 5 REASONS WHY USCIS MAY DENY YOUR O1 / ARTIST VISA
1. YOU DON’T HAVE A PETITIONER
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.
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.
2. YOUR CONTRACTS/ITINERARY ARE SPECULATIVE
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.
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.
3. YOU LACK THE CREDITS
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.
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.
4. YOUR CREDITS ARE NOT SUSTAINED
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.
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.
5. YOU DIDN’T PROVIDE SUFFICIENT DOCUMENTATION OR YOUR DOCUMENTS ARE NOT ORGANIZED
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.
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.
So let’s say you get approved, now what?
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:
TOP 5 REASONS WHY THE US CONSULATE MAY DENY YOUR O1 / ARTIST VISA
1. GOOGLE CANNOT FIND YOU
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:
2. YOU HAVE CRIMINAL ISSUES OR ARE OTHERWISE INADMISSIBLE
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.
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.
3. YOU ADMIT THAT YOU ARE NOT EXTRAORDINARY
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.
4. YOU ADMIT YOU ARE ENTERING FOR ANOTHER PURPOSE
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.
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.
5. POOR ENGLISH SPEAKING SKILLS
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.
CONCLUSION
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.
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.
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