O VISAS
FOR ARTISTS, ATHLETES,
ENTERTAINERS AND OTHERS
The “O” category of visas is a special category for highly
talented or nationally or internationally acclaimed foreign nationals who may
not qualify for other types of work-related visas. This category is often used by artists,
athletes, entertainers, skilled high-end chefs, and business professionals who
lack professional degrees.
The O category can be a useful alternative to the H-1B
program because it lacks many of the restrictive features and has no cap. This
article will give a general introduction to O visas.
Who qualifies for an
O visa?
The O category is not for everyone. O-1 beneficiaries in the sciences, arts,
education, business, or athletics must demonstrate extraordinary ability, as
shown by “sustained national or international acclaim.” This is a high standard
where business persons, scientists, educators, and athletes are concerned. But
“extraordinary ability” is a much lower standard as applied to artists and
entertainers. You must also show that
you are coming to the U.S.
What achievements
show extraordinary ability?
Individuals applying based on achievements in the sciences,
arts, education, business, or athletics must show “a level of expertise
indicating that the person is one of the small percentage who have arisen [sic]
to the very top of the field of endeavor.”
This means showing evidence either of the beneficiary’s receipt of a
“major, internationally recognized award, such as the Nobel Prize,” or documentation
of at least three achievements, such as:
- Receipt
of nationally or internationally recognized prizes/awards for excellence
in the field;
- Membership
in associations in the field that require outstanding achievement of their
members, as judged by recognized national or international experts; or
- Published
material in professional or major trade publications or major media about
the alien.
For those in the arts, “extraordinary ability” means
“distinction, which means “a high level of achievement in the field of arts
evidenced by a degree of skill and recognition substantially above that
ordinarily encountered to the extent that a person described as prominent is
renowned, leading, or well-known in the field of arts.” The arts are broadly defined to include “any
field of creative activity or endeavor such as, but not limited to, fine arts,
visual arts, culinary arts, and performing arts.” These applicants must show either that the
beneficiary has been nominated for or has received a significant national or
international award or prize, such as an “Academy Award,” or meet at least
three additional criteria, including performances in a critical production;
national or international recognition for achievements; and/or demonstrating a
record of major commercial or critically acclaimed success.
How long can I stay
on an O visa?
There is no limit on the amount of time you can stay on an O
visa, except that the stay is authorized for the period of the “event” that is
the basis for the trip. CIS will grant O
visas initially for an initial period of up to three years to complete the
event or activity in question.
Extensions are then available for one year at a time.
Can I get a green
card?
It is possible to apply for permanent residence through
another channel without risking losing O-1 status. However, O-2 holders can
only come to the United
States
How do I apply?
A U.S. employer or U.S. agent must petition for the foreign
worker. The foreign worker must provide extensive documentation of her
accomplishments. Also, a consultation from a labor union is required before an
O petition may be adjudicated if a union has a collective bargaining agreement
in the field that the O petitioner seeks to work in.
Can I bring my family
with me?
O-1 visa holders can bring their spouse and children through
the O-3 category. In addition, the O-2 category
is for certain aliens accompanying O-1 aliens in the arts or athletics who will
assist in the O-1’s performance.
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CHRISTOPHER A.
KEROSKY of the law firm of KEROSKY PURVES & BOGUE has practiced immigration
law for over 25 years. He graduated
from University of California, Berkeley Law School and was a former counsel for
the U.S. Department of Justice in Washington D.C.
Mr. Kerosky has
been recognized as one of the top lawyers in Northern California for 9 years by
“Super Lawyers” Magazine. See www.superlawyers.com.
WARNING: The article above is
not intended to be a substitute for legal advice. We recommend that you get competent
legal advice specific to your case.
