O1B Visa Process
April Perez • December 23, 2021
Click here to read this article in Portuguese and Spanish
An O1B visa
is a visa for individuals with Extraordinary Ability or Achievement. This sounds simple enough but it actually requires several different parts to come together in order to get the petition ready for filing. The process begins with evidence to see if the person can meet the requirements.
The individual must have an extraordinary ability in film, television or the arts. The individual must be able to show that they have been nominated for or received a significant national or international award, this can be an Academy Award or a Grammy or another award of significance.
If the individual does not have a significant national or international award, they must be able to meet at least three of the requirements below:
1. Evidence that the beneficiary has performed and will perform services as a lead or starring participant in productions or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications contracts, endorsements.
2. Evidence that the beneficiary has achieved national or international recognition for achievements evidenced by critical reviews, or other published materials by or about the individual in major newspapers, trade journals, magazine, other publications.
3. Evidence that the beneficiary has 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, publication or testimonials.
4. Evidence that the beneficiary has a record of major commercial or critically acclaimed successes as evidenced by such indicators as title, rating, standing, box office receipts, motion picture or television ratings, and other occupational achievements reported in trade journals, major newspapers, or other publications.
5. Evidence that the beneficiary has received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the filed in which the alien is engaged. Such testimonials must be in a form which clearly indicates the author’s authority, expertise, and knowledge of the alien’s achievements.
6. Evidence that the beneficiary has commanded high salary or will command high salary or other substantial renumeration for services in relation to others in the field, as evidenced by contracts or other reliable evidence.
- The evidence should be presented in a cover letter laying out the arguments about the requirements that are being argued as having been met.
- If the individual is able to meet the requirements, they will need to have a petitioner which can be a visa agent or employer, this can be an individual or company depending on the type of work.
- The individual must be able to provide contracts for the work he or she will be doing in the U.S.A. if the visa is approved. The contracts or deal memos for the work must cover the period of the visa that is being requested.
- There should also be an itinerary listing the details of each project.
- There are also forms that must be filled out and signed by both the beneficiary and their petitioner.
- Depending on the type of work the individual will be doing in the U.S.A. they will need to request consultation letters from one or more organizations designated by USCIS. There are usually fees for the consultation letter requests from the organization and there are also filing fees for the petition itself that must be paid to USCIS. The filing fees vary depending on whether you want to do the regular processing route or the premium processing route.
The process can be overwhelming especially for someone who has never done this before, and there is a lot of paper work and information that needs to be gathered. It is important to have guidance from an attorney to assure a positive outcome of your case.
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
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