How do I qualify for an O-1B in the arts?

You qualify by showing you have been nominated for or received a major award in your field, or by meeting at least three of six regulatory criteria: lead or starring roles in distinguished productions or events; national or international recognition through critical reviews or other published material; lead role for organizations with a distinguished reputation; a record of major commercial or critically acclaimed success; recognition from experts, critics, or organizations in the field; or a high salary relative to others in the field.

Do I need an advisory opinion or consultation to get an O-1B?

Usually yes. O-1 petitions in the arts generally require a written advisory opinion (consultation) from an appropriate peer group, labor organization, and/or management organization in the field. There are limited exceptions (for example, where no appropriate peer group exists). Petitions in the motion picture or television industry require two consultations rather than one: an advisory opinion from the appropriate union representing the beneficiary’s occupational peers (for example, SAG-AFTRA, the DGA, the WGA, or IATSE) and a separate opinion from a management organization in the beneficiary’s area of ability. Both must be in hand before filing, so build the extra lead time into the schedule.

Can I file on my own behalf, and can my own company or an agent petition for me?

You cannot self-petition. A U.S. employer, a U.S. agent, or a U.S. company (including one you own or co-own) must file the petition. Agents are especially common in the arts because artists frequently work for multiple employers or on multiple engagements; an agent can file a single petition supported by contracts and an itinerary.

Can support personnel accompany an O-1B artist?

Yes. Essential support personnel who are integral to the artistic performance or production may qualify for O-2 status, provided they have critical skills and experience with the O-1 that are not of a general nature and cannot be readily performed by a U.S. worker.

What is the longest I can stay in the United States with the O-1B visa?

The initial approval of the petition is for a maximum of three years, and it can be extended beyond that term. An extension for the same employment is usually granted for one year, and a new engagement or project can get you a new 3-year term in O-1B status. An artist with a new itinerary of performances, productions or creative projects usually can get a three-year extension. There is no maximum number of extensions, so this visa can be extended indefinitely.

Does a U.S. petitioner incur any special obligations when sponsoring a foreign worker for a O-1B visa?

If the O-1 worker's employment is terminated for reasons other than voluntary resignation, the petitioner (and, where applicable, the employer) is responsible for the reasonable cost of the worker's return transportation to his or her last place of residence abroad.

Can my spouse and children come with me on an O-1B?

Yes. Your spouse and unmarried children under 21 may hold O-3 status for the same period as your O-1B. O-3 dependents may attend school, but they cannot work in O-3 status.

What happens to my status if employment ends early or an engagement is cancelled?

If your employment ends before the end of your authorized stay, you generally have up to 60 consecutive days — or until your authorized period ends, if sooner — to secure a new petitioner, change status, or depart. Where an agent filed a petition covering several engagements, losing one of them does not necessarily end your status, but a material change to the itinerary may require an amended petition.

Should the petition request a change of status, or should I apply at a consulate?

If you are already in the United States in a valid status, the petition can ask USCIS to change your status here, with no need to travel. If you are abroad, or you expect to travel for productions or engagements, the petition is approved first and you apply for the O-1B visa at a U.S. consulate. A change of status gives you O-1B status but not a visa, so you will need a consular appointment before your next re-entry.

Can I work toward a green card while on O-1B?

Generally, yes. O-1B is not formally dual intent, but there is no foreign-residence requirement, and filing an immigrant petition is not by itself a ground to deny an O-1B extension or admission. Artists and motion picture and television professionals commonly pursue EB-1A, and sometimes an EB-2 National Interest Waiver, from O-1B status.

O-1B — Extraordinary Ability in the Arts ("Artist Visa")

This is the best place to prepare for your initial consultation with our attorneys. Here, you can learn more about the requirements and considerations for obtaining a specific type of visa, as well as find answers to the most frequently asked general questions.

O-1B

Basics

The O-1B visa is for individuals with extraordinary ability in the arts, or extraordinary achievement in the motion picture or television industry. For the arts, the standard is "distinction": a high level of achievement evidenced by skill and recognition substantially above that ordinarily encounter. This is a lower bar than the "sustained national or international acclaim" required for O-1A. "Arts" is broad and includes actors, musicians, singers, directors, visual artists, digital and product designers, animators, photographers, sound designers and engineers, production and costume designers, writers, art directors, chefs, and many other creative and technical occupations where work is judged on artistic merit.

Answers to Frequently Asked Questions About This Visa Type

This list of questions will help you prepare for your consultation with an attorney

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