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O-1B visa — extraordinary ability in the arts, and extraordinary achievement in film and television

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The O-1B is a temporary U.S. work visa for artists, performers, designers and other creative professionals whose work is recognized as prominent. In the arts the standard is called distinction; for motion picture and television productions it is the higher standard of extraordinary achievement.

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Who it is for

Musicians, actors, dancers, visual artists, designers, photographers, chefs and culinary artists, directors and other creative professionals. People in the sciences, business, education or athletics use the O-1A.

What the regulations require

Under 8 C.F.R. § 214.2(o)(3)(iv), the petition must show either a nomination for, or receipt of, a significant national or international award (such as an Academy Award, an Emmy, a Grammy or a Directors Guild award), or at least three of the following:

If these criteria do not readily apply, comparable evidence may be submitted. In film and television, the higher extraordinary-achievement standard applies to the same kinds of evidence.

How the process generally works

  1. A U.S. employer, or a U.S. agent acting for the artist and the venues, files Form I-129 with the O supplement.
  2. The petition generally includes a consultation from an appropriate labor organization (in film and television, also a management organization), the contracts or deal memos, and an itinerary of the engagements.
  3. USCIS decides the petition; premium processing is available for an additional government fee.
  4. If approved, the artist applies for the visa at a U.S. consulate, or may change status if already in the U.S.

How long it lasts

The petition may be approved for the time needed for the events or activities, up to three years, with extensions in increments of up to one year (8 C.F.R. § 214.2(o)(6)(iii), (o)(12)). Essential support staff may qualify for O-2 status, and a spouse and children for O-3.

Questions and answers

Do I need a major award?

No. A nomination for or receipt of a significant award is one route; the other is at least three of the six types of evidence above, such as lead roles, reviews and commercial success.

Can an agent file for an artist with several clients or venues?

Yes, generally. A U.S. agent may file for engagements with several employers, with an itinerary and the terms of each engagement.

Do I need a consultation letter from a union?

Generally yes. The regulations require a written advisory opinion from an appropriate labor organization; where none exists, the petition may say so and explain.

Sources

Related categories

This page is general information about U.S. immigration law, not legal advice. Requirements and procedures change, and whether a category fits depends on the facts of each case. Government filing fees are separate and are set by the agencies.

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