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LPY Law Group

Does O-1 apply to movie directors or actors?

Yes. The O-1 category also applies to aliens who are coming temporarily and have extraordinary ability in the arts or extraordinary achievement in the motion picture or television industry.

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How does a petitioner establish alien’s extraordinary ability?

Petitioner can establish alien’s extraordinary ability by submitting evidence that the alien has received a major, internationally-recognized award, such as a Nobel Prize, OR evidence of at least three of the following:

 

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How does a movie performer establish extraordinary ability?

Petitioner must establish alien’s extraordinary ability by submitting evidence that the alien has received, or been nominated for, significant national or international awards or prizes in the particular field, such as an Academy Award, Emmy, Grammy or Director's Guild Award, or evidence of at least three of the following:

  1. Performed or 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;
  2. Achieved national or international recognition for achievements, as shown by critical reviews or other published materials by or about the individual in major newspapers, trade journals, magazines, or other publications;
  3. A record of major commercial or critically acclaimed successes, as shown by such indicators as title, rating or 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;
  4. Received significant recognition for achievements from organizations, critics, government agencies or other recognized experts in the field in which the alien is engaged, with the testimonials clearly indicating the author's authority, expertise and knowledge of the alien's achievements;
  5. A high salary or other substantial remuneration for services in relation to others in the field, as shown by contracts or other reliable evidence; or If the above standards do not readily apply to the alien's occupation, the petitioner may submit comparable evidence in order to establish the alien's eligibility.

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Who can apply for O-1 visa?

The O-1 category applies to aliens who have extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television).

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What are the differences between O and Eb-1A visas?

Both O and Eb-1A are visas for alien of extraordinary ability. Although their requirements are similar and overlap each other, they are different visa categories. The major differences between these two categories are: 1) O is a non-immigrant visa while Eb-1A is an immigrant visa (green card); 2) O needs employer sponsorship while Eb-1A does not.

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Is there an annual cap on O visa?

No. There is currently no annual cap on O visas.

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Who are qualified for O visa?

To qualify for O visa, the alien must be coming to the U.S. to work in his or her area of extraordinary ability or achievement.

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What is O visa?

The O non-immigrant category is reserved for Aliens of extraordinary ability in the sciences, arts, education, business, or athletics (O-1), the artist’s or athlete’s support staff (O-2), and the O-1’s spouse and/or children (O-3).

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