Working temporarily in the United States is achievable for non-citizen artists and can be very lucrative. This article explains what an artist O-1 visa is, who is eligible, how and when to apply, and who else might be able to accompany you to the United States.
This article comes from noted NYC O-1 visa lawyers The Yao Law Group, who have helped many international artists work in the United States.
What Is an O-1 Visa?
An O-1 visa is a non-immigrant visa that allows a non-national with extraordinary ability in the sciences, arts, business, education, or sports, or a non-national with a record of extraordinary achievement in the film or television industries, to work in the United States temporarily. Individuals eligible for an O-1 visa are recognized nationally and/or internationally for their achievements.
Examples of O-1 visa holders include:
- Olympic and other elite athletes
- Musical Acts
- Film producers and directors
- University professors
- Entrepreneurs and investors
- Scientists and researchers
- Novelists and other writers
- Dancers
- Visual Artists
The O-1 visa is broken down into two categories:
- O-1A visa: for those with an extraordinary ability in the sciences, education, business, or sports, excluding the arts and the film and television industries.
- O-1B visa: for those with an extraordinary ability in the arts or extraordinary achievement in the film or television industries.
Artists of any kind, whether connected with film or television or not, would apply for an O-1B visa.
How Long Does It Take to Get an O-1 Visa?
Approximately 45 days if you submit a complete and correct application package.
Artists planning to visit the United States to perform, display their work, or work here temporarily must plan ahead. First, your employer or your United States agent must file Form I-129 to United States Citizenship and Immigration Services (USCIS) at least 45 days before your first day of work in the United States.
The agent or employer of the artist applicant called the “petitioner” then must provide proof that the artist meets the eligibility requirements for an O-1 visa. This includes a “consultation,” which is a watermarked or otherwise-authenticated report from a peer group asserting eligibility, a written itinerary showing that the artist intends to work in their field of extraordinary ability in the United States, and other documents showing that the artist possesses the requisite ability to qualify for an O-1 visa.
Your petitioner must also file a copy of any contract or agreement you have with them.
Can My Assistants and My Family Come with Me?
Possibly. There are other non-immigrant visas available for those who qualify.
When an O-1 visa is granted, others may apply for an O-type visa to accompany the O-1 visa holder to the United States:
- O-2 visa: for those who will accompany an O-1 artist to assist in a specific event or performance or series of events or performances, such as support staff, an assistant, backup musicians, or a coach or tutor; and
- O-3 visa: for those who are the spouse or children under the age of 21 of O-1 and O-2 visa holders. O-3 visa holders may not work while in the United States but can engage in part-time or full-time study.
O-2 visa holders have skills that are an “integral part” of the O-1 visa holder’s work, and they must have duties that cannot be performed by an assistant in the United States.
An artist’s retinue on their trip to the United States to work, tour, or perform may include their spouse and children, the assistants they need to work, tour, or perform, and the spouses and children of those assistants.
For example, an internationally-known musician may have their family, their backup musicians and their families, their sound engineers and their families, their lighting engineers, and their families accompany them. Their crew and their families might also accompany them if their crew has specialized skills in transporting and setting up the O-1 visa holder’s equipment and props that United States nationals do not have.
A novelist on a book tour of the United States might have their family, their agent and the agent’s family, and their personal assistant and the assistant’s family accompany them. Their driver may not qualify for an O-2 visa because a United States driver could perform the same duties.
Accompanying a film director may be their family and their entire crew and their families. The film director will have to show that each crew member has a long-standing relationship with them and, by virtue of that, performs duties that cannot be performed by United States nationals with the same skill set.
A painter might have their family and their agent and their family accompany them to the United States. Their set-up crew would have to show that they have special skills or a long-standing working relationship with the painter and their works to qualify for an O-2 visa.
How Long Can I Stay in the United States on an O-1 Visa?
Up to three years. The period you spend in the United States is called the “validity period.” In order to perform the work outlined on your itinerary, you will be granted a validity period plus ten days before the start date and ten days after the end date to allow you time to come to the United States and get acclimated, and time to pack and leave the United States. You may only work during the validity period.
You can extend your stay in increments up to one year. To obtain an extension, your employer or agent must file:
- Form I-129, Petition for a Nonimmigrant Worker;
- A copy of your Form I-94, Arrival/Departure Record; and
- A statement explaining why you need the extension, referencing the originally approved event or series of events.
Your spouse and children holding O-3 visas should file Form I-539, Application to Extend/Change, also submitting documents that support the need for an extension.
How Do I Know if I am Eligible for an O-1 Visa?
You should discuss eligibility with your agent or employer. International superstars are not the only artists eligible for an O-1 visa. In fact, artists who have reached national acclaim and wish to visit the United States to expand their scope of exposure are likely eligible. Visit the USCIS website to learn more about the eligibility and the application process.
About the Author:
Veronica Baxter is a writer, blogger, and legal assistant living and working in the great city of Philadelphia. She frequently works with and writes on behalf of the busy NYC immigration lawyers in The Yao Law Group.
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