O-1B VISA
THE O-1B VISA
O-1B visas are reserved for those with an “extraordinary ability” in the arts. It is the O-1B visa classification that allows solo artists and entertainers to gain entry to the United States of America. There are cases of bands applying for an O-1B visa for their frontman, and supporting O-2 visas for the rest of the band and crew.
GENERAL ELIGIBILITY FOR THE O-1B VISA
To qualify for an O-1B visa, the candidate must demonstrate “extraordinary ability by sustained national or international acclaim”, and must be coming temporarily to the United States to continue work in their area of extraordinary ability. In the field of arts extraordinary ability refers to distinction, what U.S. Citizen & Immigration Services (USCIS) dictates as a “high level of achievement in the field evidenced by a degree of skill substantially above that ordinarily encountered.”
ELIGIBILITY CRITERIA FOR THE O-1B VISA
When applying for an O-1B Visa, candidates must provide relevant evidence to support their claim that they are both extraordinary, and they have sustained national or international acclaim. Beneficiaries may provide evidence that they have received a major, internationally-recognized award, such as a Nobel Prize, or they can provide evidence of at least three (3) of the following:
Receipt of nationally or internationally recognized prizes or awards for excellence in their field.
Membership in associations in the field for which classification is sought which require outstanding achievements, as judged by recognized national or international experts in their field.
Published material in professional or major trade publications, newspapers, or other major media about the beneficiary and their work in the field for which classification is sought.
Original scientific, scholarly, or business-related contributions of major significance in their field.
Authorship of scholarly articles in professional journals or other major media in their field for which classification is sought.
A high salary or other remuneration for services as evidenced by contracts or other reliable evidence.
Participation on a panel, or individually, as a judge of the work of others in the same field, or in a field of specialization allied to the beneficiaries field, for which classification is sought.
Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation.
It is important to note that this is NOT an exhaustive list, USCIS dictates that if the above criteria do not readily apply to the beneficiary’s occupation, then comparable evidence may be submitted to establish the beneficiary’s eligibility.
O-3 VISAS
SPOUSE AND CHILDREN
If you are coming to the United States to work under an O-1B visa, you may be in the U.S for a long period of time. Any accompanying, or following you to join, spouse and children under the age of 21 may apply for an O-3 visa. An O-3 visa will be subject to the same period of admission and limitations as the O-1B beneficiary.
O-3 beneficiaries are NOT eligible to work in the United States, but they may engage in full or part time study on an O-3 visa. Family members may apply for an O-3 visa at the same time the O-1B petition is filed. However, if an O-3 petition is not submitted alongside the O-1B petition, you must wait until the case is approved before your family can then apply for the O-3.
PERIOD OF STAY
Once the visa petition is approved for the O-1B beneficiary by USCIS, the beneficiary can apply at a U.S. embassy or consulate for their visa. The initial period of stay that can be granted to the beneficiary is up to 3 years. The O-1B beneficiary may request an extension, with USCIS determining the necessity of the extension. USCIS can grant extensions of stay in increments of 1 year.
For more information on O-1 Visas and their requirements, click here.