O-1B Extraordinary Ability in the Arts or Motion Picture/Television
The O-1B nonimmigrant classification is for individuals with extraordinary ability in the arts, or extraordinary achievement in motion picture or television productions. For the arts, 'distinction' means a high level of achievement evidenced by a degree of skill and recognition substantially above that ordinarily encountered. For motion picture or television, 'extraordinary achievement' means a very high level of accomplishment such that the person is recognized as outstanding, notable, or leading in the field.
For Arts: Extraordinary ability demonstrated by sustained national or international acclaim and distinction in the arts
For MPTV: Demonstrated record of extraordinary achievement in motion picture or television productions
Achievements recognized in the field through extensive documentation
Coming to the United States to continue work in the area of extraordinary ability/achievement
Written advisory opinion(s) from appropriate consulting entity
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Regulatory Criteria
Criterion 1: Lead or Starring Role in Distinguished Productions or Events
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, or endorsements.
Examples
Playbills demonstrating lead/starring role in distinguished productions
Critical reviews evidencing the beneficiary's lead or starring role
Contracts showing principal performer status
Publicity materials featuring the beneficiary in lead/starring capacity
Criterion 2: National or International Recognition
Evidence that the beneficiary has achieved national or international recognition for achievements as evidenced by critical reviews or other published materials by or about the individual in major newspapers, trade journals, magazines, or other publications.
Examples
Critical reviews in major newspapers or trade publications
Feature articles about the beneficiary's achievements
Published interviews in major media
Coverage in industry publications
Criterion 3: Lead, Starring, or Critical Role for Distinguished Organizations
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, publications, or testimonials.
Examples
Principal role in a distinguished organization or establishment
Starring role demonstrating great prominence relative to others
Critical role contributing significantly to the organization's activities
Evidence of the organization's distinguished reputation
Criterion 4: Record of Major Commercial or Critically Acclaimed Successes
Evidence that the beneficiary has a record of major commercial or critically acclaimed successes as evidenced by such indicators as title, rating, standing in the field, box office receipts, motion picture or television ratings, and other occupational achievements reported in trade journals, major newspapers, or other publications.
Television ratings for productions in which beneficiary performed
Published reports of commercial success or critical acclaim
Awards or recognition for commercially successful works
Criterion 5: Significant Recognition from Organizations, Critics, or Experts
Evidence that the beneficiary has received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field in which the beneficiary is engaged. Testimonials must clearly indicate the author's authority, expertise, and knowledge of the beneficiary's achievements.
Examples
Testimonials from recognized experts in the field
Recognition letters from industry organizations
Acknowledgments from critics with established expertise
Letters from government agencies recognizing achievements
Criterion 6: High Salary or Substantial Remuneration
Evidence that the beneficiary has either commanded a high salary or will command a high salary or other substantial remuneration for services in relation to others in the field, as evidenced by contracts or other reliable evidence.
Examples
Contracts showing high salary relative to others in the field
Evidence of past high remuneration for artistic services
Comparison to industry wage data
Evidence of substantial fees commanded for performances
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Application Process
Advisory Opinion
For Arts: opinion from peer group. For MPTV: opinions from both union and management organization.
Documentation
Compile evidence of significant award/nomination OR at least 3 of the 6 evidentiary criteria.
Contract
Prepare written contract or summary of oral agreement for the engagement.
I-129 Filing
Employer or agent files Form I-129 with USCIS.
USCIS Adjudication
USCIS evaluates criteria and makes totality determination.
Visa/Admission
If abroad, apply for O-1B visa at consulate; seek admission at port of entry.
Performance Begins
Begin work in the area of extraordinary ability/achievement.
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Key Benefits
Initial stay of up to 3 years
Extensions available in 1-year increments
O-3 dependent status for spouse and unmarried children under 21
May work for more than one employer with separate petitions
Premium Processing available
Consultation waiver available for readmission within 2 years (Arts only)
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Documents Needed
Valid Passport
Form I-129 Petition
Written advisory opinion(s) from appropriate consulting entities
Written contract or summary of oral agreement
Evidence of significant award/nomination OR at least 3 of the 6 criteria
Itinerary of events or performances
Explanation of the nature of events and dates
Portfolio of work demonstrating achievements
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Frequently Asked Questions
What is the difference between O-1B (Arts) and O-1B (MPTV)?
O-1B (Arts) is for those with extraordinary ability in the arts, requiring 'distinction' (prominence, being renowned/leading/well-known). O-1B (MPTV) is for motion picture or television productions, requiring 'extraordinary achievement' (recognized as outstanding, notable, or leading in MPTV). The consultation requirements also differ.
What consultations are required?
For O-1B (Arts): advisory opinion from a U.S. peer group or expert. For O-1B (MPTV): advisory opinions from BOTH the union representing the beneficiary's occupational peers AND a management organization in the area of the beneficiary's ability.
What qualifies as motion picture or television work?
MPTV includes streaming movies, web series, commercials, and programs with formats corresponding to traditional motion picture and television productions. Static web materials and self-produced video blogs generally do not qualify. The key is whether the beneficiary will perform services for MPTV productions.
Can an artist with some MPTV work qualify under O-1B (Arts)?
If an artist's work or appearance on an MPTV production is incidental to their non-MPTV work as an artist (such as being interviewed or promoting their artistic work), the O-1B (Arts) classification may be appropriate rather than O-1B (MPTV).
Is there a consultation waiver?
USCIS may waive the consultation requirement for O-1B (Arts) beneficiaries seeking readmission to perform similar services within 2 years of a previous advisory opinion. This waiver is not available for O-1B (MPTV) beneficiaries.
Can I use comparable evidence for O-1B (MPTV)?
No. Petitioners for beneficiaries working in motion picture or television productions must submit evidence that applies the evidentiary criteria described in the regulations; they may not rely on comparable evidence. O-1B (Arts) petitioners may use comparable evidence if certain criteria are not readily applicable.
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Fees
Attorney Fee for I-129
$5,400 (Initial $2,900; Monthly $1,250)
USCIS Fee for I-129
$1,055/$530
Premium Processing (optional)
$2,805
Attorney Fee for DS-160
$500 per Person
Embassy Fee per Person
$205
Fees are estimates and may change. Contact us for a quote for your specific case.
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