“Extraordinary ability” means distinction. Distinction is “high level of achievement in the 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.”
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O WORK VISA: Extraordinary Ability in the Field of Arts
O-1 visa artists must be recognized as being prominent in his or
her field demonstrated by the following:
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A. Has been nominated for, or has received significant national or international awards or prices
This includes renowned awards such as an Academy Award, an Emmy, a Grammy, or a Director’s Guild Award;
OR
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B. Artist must show at least three of the following forms of evidence. You must show 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 evidenced by critical reviews
or
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);
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B. Artist must show at least three of the following forms of evidence. You must show you:
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, or
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
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C. Consultation Requirement is the Final Step:
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.
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