This program allows for artists with distinguished national or international acclaim to perform for pay in the United States.
The consultation or advisory opinion consists of obtaining a statement from the appropriate labor organization. This generally requires that the appropriate organization be sent a copy of the petition with their fee. Usually a letter stating that the artist’s work in the U.S. will not affect the U.S. labor force will be issued and then included with the O-1B Petition to USCIS.
To qualify for O-1B an artist must demonstrate that they have sustained national or international acclaim. O-1 Alien of extraordinary ability in the arts. To qualify as an artist of extraordinary ability in the field of arts, the artist must be recognized as being prominent in his or her field of endeavor as demonstrated by the following:
Evidence that the artist has been nominated for, or has been the recipient of, significant national or international awards or prizes in the particular field such as an Academy Award, an Emmy, a Grammy, or a Director's Guild Award; OR
A foreign artist may not file their own a petition for O-1B status to work in the U.S. The petition must be filed by a U.S. Company acting as an employer, or U.S. Company or Person acting as an agent on behalf of the O-1B artists. A contract between the U.S. Petitioner and the Artist must be provided along with an itinerary listing the dates, addresses and contact information for venues of performance in the U.S.
An O-1B Petition may be filed for as long as it is necessary to accomplish the event or activity. An itinerary must be provided and contracts or evidence of events or activities on the itinerary must be provided.
Essential Support Personnel can be given O-2 status. A separate petition must be filed for such personal and additional filing fees must be paid. A statement that each support personnel has been with the artist for at least one year must also be provided.
The artist or performer must apply for an O-1B Visa at an Embassy or Consulate abroad. Generally, they must apply at the U.S. Embassy in the country where they have nationality or where they have legal residence. This involves filing a DS-160 Nonimmigrant Visa Application on line, paying the required filing fees and attending an O-1B Visa interview after the approval of the O-1B Visa Petition by U.S. Citizenship and Immigration Services in the U.S.
**This is only an outline of the issues involved in the O-1B nonimmigrant visa category. This document does not address all of the issues or documents involved in a complex employment immigration case. Please feel free make an appointment to discuss further with us the options available to you in your specific case.