Artist Visa Lawyer in NYC

An O visa is for people who have a job offer or for those who work in professions which traditionally use an agent to arrange employment, such as actors, models or musicians and singers. The O visa is a U.S. employment-based visa granted to individuals with “extraordinary ability.” Proving this standard is the key to winning an O visa. This somewhat ambiguous term requires evidence of achievements, success, and recognition in order to satisfy. The criteria required to qualify for each is different. An experienced immigration attorney will be able to advise you on what is the best evidence for your case. Contact The Law Office of Neal Richardson Datta to discuss your legal matter.

O-1A visa (Athletics, Business, Education, or Science)

The O-1 A Visa is a U.S. employment-based visa given to people with “extraordinary ability” in the fields of Athletics, Business, Education, or Science. You may be eligible for an O-1A Visa if you have won a major award or you meet at least three of the eight following criteria:

  • You have won an award for excellence.
  • You are a member of an Association the requires outstanding achievement.
  • You had articles written about you in major media.
  • You have acted as a judge of others in the field.
  • You have made an original contribution of significance to the field.
  • You have written a scholarly article.
  • You have and will be a critical role in a distinguished organization.
  • You have received a high salary for your field.

O-1B visa (the arts)

To qualify for an O-1 B visa, you must be an “alien of extraordinary ability” in the arts. When granted an O-1 B, you and your support staff may be eligible to come with you to live and work in the United States. Your dependents are also allowed to live in the U.S., although they may not work while here. You may be eligible for an O-1B Visa if you have won a Major Award (like the Nobel Peace Prize or an Emmy), or you meet at least three of the six following criteria:

  • You have and will be a lead role in a distinguished event.
  • You have had articles written about you in major media.
  • You have and will be a critical role in a distinguished organization.
  • You have a record of major critical or commercial success.
  • You have received recognition from experts in the field.
  • You have received a high salary for their field.

O-3 visa (family of an applicant)

O-3 visas are for the wives, husbands, and children of the Main Visa applicant. Although they are permitted to join the principal applicant in the U.S. they are not allowed to accept employment.

Evidence of an extraordinary ability

In order to obtain an O visa, you may need to provide evidence of an extraordinary ability. Some evidence that can support your claim include:

  • Consultation: This is a written opinion from a U.S. organization in your field that states that you are of “extraordinary ability.”
  • A contract between petitioner and beneficiary, including a copy of an agreement or a summary of an oral agreement, that demonstrates precisely what your employer is offering and what you accepted to do your work as an extraordinary person.
  • Itineraries: For an artist, musician or film maker, this would be your tour dates, gallery openings, and/or production calendar. For non-artists, this would be your work contract, research calendar, game schedule or other related evidence.
  • Discography
  • Links to videos of interviews, shows, performances, editorials etc.
  • Album or art sales
  • Potential concert schedule
  • Past concert schedule and tours
  • Any awards you may have won

Schedule an appointment

The Law Office of Neal Richardson Datta is dedicated to the representation of clients hoping to obtain an O-visa. Our firm will work with you to create a plan that meets your needs and works towards attaining your life goal of traveling to the United States. Every situation is unique. You deserve an attorney that can dedicate the time to assess the best strategy to meet your needs. To make the most of your time with The Law Office of Neal Richardson Datta, contact our firm by filling out the form with a detailed account of your situation.

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