O-1B Visa for Artists & Musicians

Introduction

The O-1 extraordinary ability visa for individuals with extraordinary abilities is a great option for artists and musicians who are looking to expand their personal brand into the U.S. or accept new projects to advance their artist careers.

What is O-1 Extraordinary Ability Visa?

The O-1 extraordinary ability visa is a non-immigrant visa used by extraordinary and talented individuals in the fields of art, education, business, or athletics. These extraordinary individuals include artists, musicians, actors, directors, screenwriters, make-up artists, tattoo artists, set designers, photographers, choreographers, entrepreneurs, educators, athletes, scientists, and engineers to bring their talent to the United States. The O-1 extraordinary ability visa allows for the talent to temporarily work in the United States in three-year increments, with potential to be renewed indefinitely. To qualify for the O-1 extraordinary ability Visa, an individual must demonstrate a record of “extraordinary achievement.”

There are Two Types of O1 Visa, O1A and O1B:

1. O-1A extraordinary ability visa is for individuals who have extraordinary ability in the sciences, education, business, or athletics. Entrepreneurs would typically be filed under the O-1A category.

2. O-1B extraordinary ability visas are reserved for individuals who have demonstrated a record of extraordinary achievements in the arts or motion picture or television industry and have been recognized nationally or internationally for those achievements.

O-1B Visa for Artists Eligibility Criteria:

In order to successfully receive the O-1B visa for Artists, you should meet at least three of the following six criteria:

1. You’ve won national or international recognition in your field

2. You’ve won commercial or critically acclaimed success

3. You receive a high salary and remuneration compared to your peers

4. You’ve played a critical role in distinguished productions or events

5. You’ve played a critical role for organizations with a distinguished reputation

6. You’ve received significant recognition from organizations, critics, government agencies, or other recognized experts in the field

We will go into detail about each criterion below:

One way to demonstrate extraordinary ability in the arts is applicants have either won or been nominated for a national or international award such as Academy Award, IAA (International Art Award), or Future Generation Art Prize. In addition, nationally or internationally recognized achievements such as the National Medal of Arts count as well. 

Such achievements can be evidenced by the coverage from major media, trade journals, magazines, and featured articles about artists and their work. To prove the importance of the publication, artists should show the publication received national circulation or reviews. 

Press sources could be the New York Times, Aesthetica, Apollo, Artforum, Art Review, the Art Newspaper, etc. 

Artists need to prove their major commercial or critically acclaimed success in their fields. The commercial success of artists' work can be proven by showing press releases, media coverage, receipts of revenue, online ratings, etc. 

Critical success is different from national or international recognition. Critical success could be evaluated through objective public opinion while the recognition needs to come from industry experts. 

Artists are supposed to show they have been compensated with a high salary or other substantial remuneration for their work. Artists can show that they are prominent by demonstrating that they sell their work at a high price compared to other artists, that they are well compensated, or that their work is commercially successful. 

Examples of evidence would include letters from accountants or letters from the company supplying the compensation. For example, a letter from a gallery confirming high prices for the artwork. 

Have you held exhibitions in art galleries or performed at a concert? 

Applicants need to present evidence that they have performed or will perform a leading or critical role in a production or event that has a distinguished reputation. 

Events can be documented as prestigious with media articles and critical reviews about the event that mention the artist’s name. Press releases, promotional material such as posters, advertisements, invitation cards, catalogs, and online mentions can be helpful to prove the event is prestigious. 

Applicants need to present evidence that they have performed or will perform as a leading or critical role in an organization that has a distinguished reputation.

Letters from employers, clients, or collaborators often demonstrate the importance of artists in the organization. Artists such as designers, architects, illustrators, and photographers can satisfy this requirement with feedback letters from customers. Evidence needs to confirm artists’ relationship and involvement with the organization. 

Criteria 5 & 6 could be confusing but they serve different purposes. For example, a fashion designer can get a letter proving he/she held a runway show that received national recognition, proving a critical role in this event. The designer can also get a letter from the CEO of the brand approving the designer’s critical role in the runway show and for the company. 

Artists can ask for proof and testimonials from organizations, recognized peers, and critics in the field in which the artists are engaged. USCIS asks for evidence to indicate the applicant’s work is highly recognized and the authors’ authority, expertise, and knowledge of the applicant’s work. For example, artists can obtain letters of recommendation from fellow artists or employers. 

If you still don't meet 3 of these criteria, don't despair. You may still be able to prove your O-1 extraordinary ability visa qualification by submitting other reliable evidence establishing that you will have a positive impact on the economy, you've enjoyed commercial success in your field, or that your work has been displayed, exhibited, and showcased.

How to Apply for O-1B Artist Visa:

In order to apply for the O-1 Visa, applicants typically work with a sponsoring employer or agent to file form I-129 and supporting evidence. It is worth emphasizing that working with a good immigration attorney to craft your supporting evidence is a critical component of O-1 Visa success. Your attorney will guide you through obtaining solid detailed recommendation letters from people at the top of your field. They will draft a convincing petition letter that highlights your past achievements and puts you in a good position to obtain the O-1 status.  

Your attorney will then file the I-129 form and any supporting evidence to the USCIS. Premium processing is available for O-1 visa for an additional fee. Once your petition is approved, the O-1 worker may begin working in the US.

O-1B Artist Visa Processing Time:

Premium processing is available for expedited O-1 approvals within 2 weeks.

Normally, USCIS will take 3 to 6 months to adjudicate the petition.

O-1B Artist Visa Cost and Fees:

• Attorney Fees

  Attorney fees for preparing O1 entrepreneur visa ranges between $8,500 to $12,000 at a prestigious firm. This fee will cover the following:

  • Strategy and guidance throughout the O1 visa application process to make your case as strong as possible;

  • Drafting the comprehensive attorney letter presenting your eligibility as an extraordinary ability individual;

  • Researching and assembling all supporting materials to make a compelling case;

  • Preparation of all requisition forms and fees;

  • Assistance with drafting recommendation letters;

• Government Filing Fees

  • $460 for O1 I-129

  • $2,500 for premium processing (optional 15 days processing)

O-1B Artist Visa Advantages:

• No renewal limits. The O-1 visa is typically valid for the duration of the contracted work or performance, up to three years. Unlike the H-1b visa, there are no limits on the number of extensions that can be filed, making this an attractive option for workers who wish to eventually adjust their status to green card.

• No prevailing wage limits. Unlike the H-1B visa, the O-1 visa does not impose a prevailing wage limit on the employee. This is great for a startup company that’s cash starved but equity rich.

• No treaty citizenship requirement. Unlike the E-2 visa that requires citizenship of particular treaty countries, the O-1 visa is open to all nationalities.

• No minimum education requirement. If you can prove that you met the criteria listed as someone at the top of your game, you will receive a O-1 visa without having the education requirements imposed by the H-1B visa.

• Pathway to green card. Many O-1 visa holders eventually adjust their status to that of a green card, either through the EB-1 program or other programs.

How Xu Law Group Can Help:

The immigration attorneys at Xu Law Group have helped extraordinary entrepreneurs, designers, and musicians obtain the O-1 extraordinary ability visa. Get in touch with us today by booking an appointment using the link below.  

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