Immigration For Industry Professionals
O1 Visa: The Work Visa for Models, Actors, Performers, Directors and Entertainment Professionals.
Who can get an O1 Work Visa?
The O-1 Visa category is set aside for persons of "extraordinary ability" in the sciences, arts, education, business, or athletics, who wish to work in the United States for a limited period of time. This period can be as short as a single performance, or as long as three years. The petitioner (employer) can be the agent or manager of the artist, or a production company.
What kind of Work Visa is best for me?
Models, actors, performers, artists, directors, producers, etc. (anyone in the entertainment industry) who can show prominence and distinction in their field can apply for an O-1 Visa. This is a visa category set aside for individuals within the entertainment industry who wish to work temporarily in the United States.
We must show extraordinary ability and for the O-1B category, that is defined as "distinction". Distinction can be proved through the achievement of a major award such as an Academy Award, an Emmy, a Director's Guild Award, or any award that is a major internationally recognized award, or evidence of at least three of the following:
Performed and will perform services as a lead or starring participant in productions or events which have a distinguished reputation as evidenced by reviews, advertisements, publicity releases, publications, contracts, or endorsements;
Performed and will perform in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation evidenced by articles in newspapers, trade journals, publications, or testimonials;
Achieved national or international recognition for achievements, as shown by critical reviews or other published materials by or about you in major newspapers, trade journals, magazines, or other publications;
A record of major commercial or critically acclaimed successes, as shown by such indicators of title, rating, or standing in the field, box office receipts, motion picture or television ratings and other occupational achievements reported in trade journals, major newspapers, or other publications;
Received significant recognition for achievements from organizations, critics, government agencies or other recognized experts in the field in which you are engaged, with the testimonials clearly indicating the author’s authority, expertise, and knowledge of the alien’s achievements;
A high salary or other substantial remuneration for services in relation to others in the field, as shown by contracts or other reliable evidence.
Green Card: Living and working permanently in the United States.
Can I get a Green Card and stay in the United States?
Yes, although not every application is approved, many applicants with an O-1 Visa who wish to obtain a Green Card find that it can be achieved by filing an EB1 Application for a person of extraordinary ability.
How does the Green Card process work for entertainment industry professionals?
Unlike the O-1 Visa which requires a petitioner (an employer), the EB1 category (Green Card application) is a self-petitioning application and does not require a petitioner. Whether they are a model, actor, artist, performer, director, or other industry professional, the applicant need only to show that they intend to continue working in their area of extraordinary ability once they become a permanent resident of the United States.
Like an O-1 Work Visa, the EB1 category is also set aside for persons of extraordinary ability in the sciences, arts, education, business, or athletics. This ability must be demonstrated through sustained national or international acclaim, and the applicant must have achievements recognized in the field through extensive documentation.
On the other hand, the Green Card application will require us to prove of winning an internationally recognized award, or by submitting documentation to qualify the applicant under at least 3 of the following criteria:
Documentation of receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
Documentation of membership in associations in the field of endeavor which require outstanding achievements of their members, as judged by recognized national or international experts in their fields;
Published material in professional or major trade publications or major media about the alien and relating to the alien’s work in the field of endeavor (published material must include title, date, author, and be translated if necessary);
Evidence of participation, on a panel or individually, as a judge of the work of others in the same or an allied field of specialization;
Evidence of original scientific, scholarly, or artistic contributions of major significance in the field of endeavor;
Evidence of authorship of scholarly articles in the field, in professional journals or other major media;
Evidence of the display of his or her work in the field at artistic exhibitions or showcases in more than one country;