Boston Immigration Lawyer :: O-1 Extraordinary Ability Visas: Attorney Massachusetts

"EXTRAORDINARY ABILITY IN THE FIELD OF ARTS” is defined
differently for artists than it is for those in the fields of science,
education, business, and athletics.

“Extraordinary ability” for artists is defined as distinction.

Distinction means a “high level of achievement in the field of arts
evidenced by a degree of skill and recognition substantially above
the ordinary encountered to the extent that person described as
prominent is renowned, leading, or well-known in the field of arts.”
8 C.F.R. section 214.2(0)(3) (ii).

O-1 visa artists must be recognized as being prominent in his or
her field demonstrated by:

A. Has been nominated for, or has received significant national
or international awards or prices such as an Academy Award, an
Emmy, a Grammy, or a Director’s Guild Award; OR

B. Artist must show at least three of the following forms of
evidence. You must show that you:

1. Have or will perform 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. Have achieved national or international recognition

for achievements (as e

videnced by critical reviews

other published materials by or about the individual in

major newspapers, trade journals, magazines, or

other publications);

3. Have 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);

4. Have 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);

5. Have received significant recognition for achievements

from organizations, critics, government agencies,

other recognized experts in the field

in which artist

is engaged (such testimonials must clearly indicate the

author's authority, expertise, and knowledge of the

alien's achievements);

6. Have commanded or now commands a high salary or

other substantial remuneration for services in relation

to others in the field (as evidenced by contracts or

other reliable evidence);

7. Other comparable evidence of prominence (this would

be very strong letters from other well-known artists or

professionals in your field).

C. Consultation Requirement

Consultation with an appropriate peer group, labor and/or

management organization regarding the nature of the

proposed

work and the beneficiary's qualifications is

mandatory before an

O petition can be approved. "Peer

group" means a group or

organization comprised of

practitioners of the beneficiary's

occupation. This

requirement may be especially important in the

arts,

entertainment fields or athletics. Advisory consultations are

labor consultations, unless no appropriate union exists. In

the

latter situation, employers may submit an advisory

opinion from

an individual expert in the field, a peer group,

or management

organization that describes the

beneficiary's

ability and

achievements, the nature of the

duties to be

performed, and

whether the services require

someone of

extraordinary ability.

BOGLE

OKOYE

CHANG

BOGLE & CHANG, LLC

O-1 Work Visas: Extraordinary Ability in the Arts