U.S. immigration law makes special visas available for those who are truly outstanding in the field of arts, entertainment, sports, education, and business.

The O-1 visa is a temporary work visa available to foreign nationals who have “extraordinary ability in the sciences, arts, education, business or athletics” which “has been demonstrated by sustained national or international acclaim.” It is also available to those in motion pictures and television who can demonstrate a record of “extraordinary achievement.” Most fields of artistic endeavor are included in USCIS′s broad interpretation of the statute and this can include painters, clothing designers, sculptors, singers, musicians, poets, writers, entertainers, actors, playwrights, jugglers, magicians and many other endeavors. The P visa is reserved for those in sports such as soccer players, football players, gymnasts, tennis players, squash players, swimmers, and many other athletes as well as entertainment groups.

For O-1 visas, the foreign individual must be coming to the US to work in his or her field. Persons lawfully in the U.S. in valid nonimmigrant status may change status to O-1 in the U.S. or may seek the visa at a U.S. Embassy abroad after the petition is approved. The initial period of stay can be approved for up to a period of three years but may be extended as long as the work in the U.S. continues. Spouses and unmarried children under the age of 21 may join the O-1 visa holder in the U.S. under O-3 status, although they may not work. Support personnel such as band members, coaches, or essential workers may seek O-2 visas to assist in the artistic performance by an O-1 visa holder. The O-2 applicant must be an integral part of the actual performances or events and possess essential or critical skills and experience with the O-1 visa holder that are not of a general nature and which are not possessed by another individual.

An O-1 visa applicant must have a person or company to file the O-1 petition and either offer to employ the artist or act as an agent. A U.S. agent may file an O-1 petition in cases involving workers who are traditionally self-employed or workers who use agents to arrange short-term employment on their behalf. Often times, actors and musicians may be petitioned by U.S. based agents. A U.S. agent may be the actual employer of the beneficiary, the representative of both the employer and the beneficiary, or a person or entity authorized by the employer to act for, or in place of, the employer as its agent. Petitions must be supported by extensive documentation to demonstrate that the applicant satisfies the corresponding O-1 criteria as discussed below.

O-1A Visas for Extraordinary Ability in Sciences, Education, Business, or Athletics:

Generally, supporting documentation must show that the O-1A beneficiary has extraordinary ability in the sciences, education, business, or athletics through evidence of sustained national or international acclaim indicating that the beneficiary is one of the small percentage who have arisen to the very top of their field.

A select few individuals may be able to prove this by simply showing that they received a major internationally recognized award, such as the Nobel Prize or a Pulitzer. Obviously, this would not apply to the vast majority of applicants. Therefore, in lieu of a major international award, USCIS will issue an O-1A visa to those who can show through extensive documentation that they meet at least three of the following criteria:

• You received nationally or internationally recognized prizes or awards for excellence in your field of endeavor;
• You are a member of associations in your field, which require outstanding achievements of their members, as judged by nationally or internationally recognized experts your discipline or field;
• Material published about you in professional or major trade publications or major media, relating to your work in your field, which must include the title, date, and author of such published material, and any necessary translation;
• You participated on a panel, or individually, as a judge of the work of others in your or a related field;
• You have made original scientific, scholarly, or business-related contributions of major significance to the field;
• You authored scholarly articles in the field, in professional journals, or other major media;
• You have been employed in a critical or essential capacity for organizations and establishments that have a distinguished reputation; or
• You have either commanded or will command a high salary or other remuneration for services, as evidenced by contracts or other reliable evidence.

O-1B Visas for Extraordinary Ability in the Arts or Extraordinary Achievement in Motion Pictures, or Television:

Generally, supporting documentation must show that the O-1B beneficiary has extraordinary ability in the Arts through evidence of sustained national or international acclaim indicating a high level of achievement, evidenced by a degree of skill and recognition substantially above that ordinarily encountered to the extent that the beneficiary can be described as renowned, leading, or well-known in their field. On the other hand, to qualify for an O-1B visa in the fields of Motion Pictures and Television, the beneficiary must show a record of extraordinary achievement in motion picture or television productions and is coming to the U.S. to continue to work in such productions.

Similar to the O-1A visa, a select few individuals may be able to prove this by simply showing that they received or have been nominated for a significant international award or prize (such as an Academy Award, Emmy, Grammy, or Director's Guild Award. However, since this would not apply to the vast majority of applicants, in lieu of significant international prizes or awards, USCIS will issue an O-1B visa to those who can show through extensive documentation that they meet at least three of the following criteria:

• You have performed, and will perform, services as a lead or starring participant in productions or events that have a distinguished reputation, as evidenced by critical reviews, advertisements, publicity releases, publications, contracts, or endorsements;
• You have achieved national or international recognition, as evidenced by critical reviews or other published materials by or about you in major newspapers, trade journals, magazines, or other publications;
• You have performed, and will perform, in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation, as evidenced by articles in newspapers, trade journals, publications, or testimonials;
• You have a record of major commercial or critically acclaimed successes, as evidenced by such indicators as title, rating, standing in the field, box office receipts, motion pictures or television ratings, and other occupational achievements reported in trade journals, major newspapers, or other publications;
• You have received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in your field. Such testimonials must be in a form which clearly indicates the author's authority, expertise, and knowledge of your achievements; or
• You have either commanded or will command a high salary or other substantial remuneration for services in relation to others in your field, as evidenced by contracts or other reliable evidence.

For BOTH, O-1A or O-1B visas, please note that if the above criteria do not readily apply to your occupation, you may submit comparable evidence to establish your eligibility. However, you must first explain why the criterion is not applicable to your job or profession and why the evidence you are submitting is comparable to the evidence required under that criterion.

The final step of the USCIS analysis involves considering the "totality of the evidence" to determine whether the beneficiary has demonstrated sustained national or international acclaim, indicating that he or she is among the small percentage at the top of their field. The USCIS officer may consider any potentially relevant evidence, even if such evidence does not fit into one of the above criteria and was not presented as comparable evidence. In other words, USCIS may do their own research about the applicant.

Persons with extraordinary ability in the sciences, arts, education, business, or athletics or extraordinary achievement in motion pictures or television may also seek lawful permanent residence by filing an EB-1A petition and demonstrating sustained national or international acclaim through extensive documentation. Unlike most petitions for lawful permanent residence, these petitions do not need to be supported by a job offer, meaning that the applicant can self-petition. However, they must be able to demonstrate that he/she intends to continue to work in his/her field of extraordinary ability and that his/her work will substantially benefit the United States in the future.

At the Law Offices of Sturman & Associates, we have successfully filed numerous O-1 visa petitions on behalf of artists both young and old from diverse countries across the globe as well as scientists and those engaged in business or athletics. Many have continued to have a highly successful U.S. career and have gone on to obtain lawful permanent residence based upon their extraordinary ability.