How to Get An O-1 Visa For Entertainers
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Eli Kantor
Eli Kantor is an attorney in private practice in Beverly Hills, CA representing employers in all aspects of labor, employment and immigration law. For more information contact Eli at (310) 274-8216 or visit his websites: Sexual Harassment Prevention and Beverly Hills Immigration Law By Eli Kantor
Published on 10/16/2008
The O-1 classification is a type of employment visa that applies to aliens who have extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and who are coming temporarily to the U.S. to continue work in the area of extraordinary ability.
The O-1 classification is a type of employment visa that applies to aliens who have extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and who are coming temporarily to the U.S. to continue work in the area of extraordinary ability.
Section 101(O)(i) of the Immigration and Nationality Act provides for the admission of aliens of extraordinary ability in the stated fields. Spouses and dependent children of O-1 visa holders do not receive the status, but instead qualify for O-3 visas. They, however, are not allowed to work while in the U.S.
Form I-129
To begin the process, the employer must file a Petition for a Nonimmigrant Worker (Form I-129), along with evidence of the individual's extraordinary ability. "Extraordinary ability" means that the person is one of the small percentage who have arisen to the very top of the field of endeavor.
Job Offer Letter
The job offer letter must state the nature of the events or activities in which the individual will be engaged, and it must specify the dates, for which work authorization is being requested.
There is no set maximum period for O-1 status. It is determined by the length of time needed for the alien to perform his duties or activities with the petitioner employer. Usually, an initial stay is limited to no more than three years, provided the petition can establish that the O-1 alien will need this much time for the proposed employment. This period may be extended at one-year increments thereafter, upon evidence showing that the alien's continued presence would be required.
Advisory Opinion
Another requirement for an O-1 Application is a written consultation / advisory opinion from a union, peer group, or recognized expert, in the field in the individual's area of ability. The advisory opinion is to state whether the alien qualifies as an alien of extraordinary ability and whether such extraordinary abilities are required for the activities to be undertaken by the alien. An example may be a no-objection letter from a labor organization such as the DGA or SAG.
An advisory letter is not required if:
* An appropriate consulting entity does not exist as established by the petitioner; or
* A waiver of the advisory opinion is made because a consultation has taken place within the prior two years with regard to a previous admission to render similar services. (This waiver only applies to an alien of extraordinary ability in the arts).
National or International Acclaim
Additionally, aliens of extraordinary ability must demonstrate sustained national or international acclaim and recognition for achievements in the field of expertise.
The alien artists, movie or television stars may establish qualification through evidence of nomination or receipt of a major, national or international recognized award such as an Academy Award, an Emmy, a Grammy, or a Director's Guild Award. In the absence of such an award, one can establish himself as a qualifying alien through at least three of the following types of evidence:
* Having been or will be performing a lead or starring role in productions or events which have a distinguished reputation (as evidenced by critical reviews, advertisements, press releases, publication contracts, or endorsements);
* Membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;
* Critical reviews or other published material in professional or major trade publication or in the major media by or about the alien which show that the alien has achieved national or international recognition or achievements;
* Evidence of performance in a lead, starring or critical role for organizations or establishments with distinguished reputations;
* Evidence of a record of major commercial or critically acclaimed successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales;
* Participation on a panel, or individually, as a judge of the work of others in the same or in an allied field or specialization to that for which classification is sought;
* Evidence of significant recognition for achievements from organizations, government agencies, or other recognized experts in the field;
* Evidence of having commanded a high salary or other significantly high remuneration for services in relation to others; and
* Other comparable evidence.
Section 101(O)(i) of the Immigration and Nationality Act provides for the admission of aliens of extraordinary ability in the stated fields. Spouses and dependent children of O-1 visa holders do not receive the status, but instead qualify for O-3 visas. They, however, are not allowed to work while in the U.S.
Form I-129
To begin the process, the employer must file a Petition for a Nonimmigrant Worker (Form I-129), along with evidence of the individual's extraordinary ability. "Extraordinary ability" means that the person is one of the small percentage who have arisen to the very top of the field of endeavor.
Job Offer Letter
The job offer letter must state the nature of the events or activities in which the individual will be engaged, and it must specify the dates, for which work authorization is being requested.
There is no set maximum period for O-1 status. It is determined by the length of time needed for the alien to perform his duties or activities with the petitioner employer. Usually, an initial stay is limited to no more than three years, provided the petition can establish that the O-1 alien will need this much time for the proposed employment. This period may be extended at one-year increments thereafter, upon evidence showing that the alien's continued presence would be required.
Advisory Opinion
Another requirement for an O-1 Application is a written consultation / advisory opinion from a union, peer group, or recognized expert, in the field in the individual's area of ability. The advisory opinion is to state whether the alien qualifies as an alien of extraordinary ability and whether such extraordinary abilities are required for the activities to be undertaken by the alien. An example may be a no-objection letter from a labor organization such as the DGA or SAG.
An advisory letter is not required if:
* An appropriate consulting entity does not exist as established by the petitioner; or
* A waiver of the advisory opinion is made because a consultation has taken place within the prior two years with regard to a previous admission to render similar services. (This waiver only applies to an alien of extraordinary ability in the arts).
National or International Acclaim
Additionally, aliens of extraordinary ability must demonstrate sustained national or international acclaim and recognition for achievements in the field of expertise.
The alien artists, movie or television stars may establish qualification through evidence of nomination or receipt of a major, national or international recognized award such as an Academy Award, an Emmy, a Grammy, or a Director's Guild Award. In the absence of such an award, one can establish himself as a qualifying alien through at least three of the following types of evidence:
* Having been or will be performing a lead or starring role in productions or events which have a distinguished reputation (as evidenced by critical reviews, advertisements, press releases, publication contracts, or endorsements);
* Membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;
* Critical reviews or other published material in professional or major trade publication or in the major media by or about the alien which show that the alien has achieved national or international recognition or achievements;
* Evidence of performance in a lead, starring or critical role for organizations or establishments with distinguished reputations;
* Evidence of a record of major commercial or critically acclaimed successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales;
* Participation on a panel, or individually, as a judge of the work of others in the same or in an allied field or specialization to that for which classification is sought;
* Evidence of significant recognition for achievements from organizations, government agencies, or other recognized experts in the field;
* Evidence of having commanded a high salary or other significantly high remuneration for services in relation to others; and
* Other comparable evidence.