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O-1B Visa
What is O-1B Visa?
The O-1B nonimmigrant visa is for individuals with extraordinary ability in the arts or extraordinary achievement in the motion picture or television (MPTV) industry, allowing them to work temporarily in the U.S. in their field. Meeting the high standards requires significant proof of acclaim.
Who Qualifies for the O-1B Visa?
- Individuals with Extraordinary Ability in the Arts: Must demonstrate "distinction" (skill and recognition substantially above average) and be prominent or renowned in fields like visual, performing, or culinary arts.
- Individuals with Extraordinary Achievement in the MPTV Industry: Must show "extraordinary achievement" (skill and recognition significantly above average) and be recognized as outstanding or leading in film or TV
Applicants must come to the U.S. temporarily to continue work in their specific area of extraordinary ability or achievement.
O-1B Criteria
Petitioners must prove eligibility through one of two ways:
-
Major Internationally Recognized Award: Evidence of receiving a single, major award recognized internationally for outstanding achievement, such as a Nobel Prize.
OR
-
Meeting at Least Three Evidentiary Criteria: Documentation satisfying at least three of the following
- Lead/Starring Roles: Past and future lead/starring participation in distinguished productions/events.
- National/International Recognition: Recognition through critical reviews or major media publications.
- Critical Role for Organizations: Past and future lead, starring, or critical role for distinguished organizations.
- Major Commercial/Critical Success: Record of significant commercial or critical success (box office, ratings, etc.).
- Significant Recognition from Experts: Testimonials from recognized experts or organizations.
- High Salary/Remuneration: Commanding compensation significantly higher than others in the field.
O-1B Visa Application Process
Step 1: Finding a Petitioner
The beneficiary cannot self-petition. A petition must be filed by:
- A U.S. Employer
- A U.S. Agent (common for freelancers or those with multiple employers)
- A U.S. entity owned by the beneficiary
Agents filing for multiple employers need to provide itineraries and contracts. Petitioners are responsible for return transportation costs if employment ends involuntarily.
Step 2: Filing the Petition: Form I-129
The petitioner files Form I-129, Petition for a Nonimmigrant Worker.
Step 3: Gathering Essential Documentation
Include Form I-129, fees, evidence addressing O-1B criteria, contracts (or summaries of oral agreements), explanation of activities/events, itinerary (if applicable), and advisory opinions.
Step 5: Visa Application (Consular Processing, if applicable)
If outside the U.S., the beneficiary applies for an O-1 visa stamp at a U.S. embassy/consulate after I-129 approval. This involves Form DS-160, fees, and an interview. If already in the U.S., a change of status may be requested with the I-129, but consular processing might be faster.
Questions? You’re covered.
No, a U.S. employer or agent must file for you
Up to three years, based on the event/activity duration.
No statutory limit. Extensions can be granted as long as eligibility continues.
Standard processing varies (months). Premium processing guarantees action in 15 business days.
No. It's temporary. A separate Green Card application (like EB-1A) is needed, which has a higher standard.
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