O Entertainer Handout

Requirements For O-1 Nonimmigrant Visa (Entertainment Industry)

The alien must be recognized as having a demonstrated record of extraordinary achievement as demonstrated by the following [8 CFR § 2142(o)(3)(5)]:

Evidence that the alien has been nominated for or received significant national or international awards or prizes in the particular field such as an Academy Award, an Emmy, a Grammy, or a Director's Guild Award;

OR

The alien must demonstrate at least three of the following six standards:

The alien has performed and will perform services as a lead or starring participant in productions or events which have a distinguished reputation;

The alien has achieved national or international recognition for achievement;

The alien has performed in a lead, starring or critical role for organizations and establishments that have a distinguished reputation;

The alien has a record of major commercial or critically acclaimed successes;

The alien has received significant recognition for achievements;

The alien has commanded or now commands a high salary or other substantial remuneration for services in relation to others in the field;

If the above standards do not readily apply to the beneficiary's occupation, the petitioner may submit comparable evidence

Consultation requirement [8 CFR § 2142(o)(5)(ii)]:

The alien must submit an advisory opinion from a peer group and must describe the alien's ability and achievements and state whether the position requires the services of an alien of extraordinary ability The opinion must contain a statement of facts which support the conclusion (if it is negative)

b Note: For an alien of extraordinary achievement in the motion picture or television industry, two advisory opinions must be submitted: one from an appropriate management organization and one from an appropriate labor organization

General Documentary requirements 8 CFR § 2142(o)(6):

Affidavits, contracts, awards, letters of support, newspaper articles etc, to establish three of the six factors described above

Explanation of the nature of the event to be performed, beginning and ending dates with copy of any itinerary

Admission:

The beneficiary may be admitted to the US up to ten days prior to the period of validity of the petition and may remain up to ten days after the validity period ends The beneficiary may not work except during the validity period of the petition