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:


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


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);


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


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.