O-1B

O-1B: Individuals with Extraordinary Ability in the Arts or Extraordinary Achievement in Motion Picture or Television Industry

The O-1B visa is recommended for individuals who are considered leaders in the arts who have a degree of skill and recognition substantially above that ordinarily encountered. The O-1B is also available for individuals in the motion picture or television industry who can demonstrate a record of “extraordinary achievement.” In order to apply for an O-1, you must be sponsored by a U.S. employer or agent on either a part-time or full-time basis.

General Requirements:

Distinction in the Art or Extraordinary Achievement in Motion Picture or TV Industry Petitions should include evidence of at least 3 of the following:

  • lead in production having a distinguished reputation
  • critical reviews in major newspapers or trade journals
  • lead for organization that has a distinguished reputation
  • record of major commercial or critically acclaimed successes
  • significant recognition from organizations, critics, government agencies or other recognized experts in the field
  • has commanded or will command a high salary.

Common Occupations:

  • Artist
  • Film Director
  • Actor/Actress

Filing Process:

In the past couple of years, USCIS has been pretty strict in reviewing O-1 petitions, usually requiring more evidence than is necessary to adjudicate the case. Therefore, the O-1 petition would be a very “document-heavy” filing, which requires extensive evidence to prove you’re top in your field. As USCIS applies a very high level scrutiny to these types of cases, it is very important to evaluate all evidence available and present your strengths accordingly.

Validity:

O-1 petitions can be approved for up to 3 years at a time, depending on the length of the job offer/itinerary submitted with the petition. Currently, there is no limit on the number of extensions an individual may receive.

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