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O-1 Artist Visas for Individuals of Extraordinary Ability/Achievement

O-1 Visas for those with Extraordinary Ability or Achievement

The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements.

“Extraordinary ability” in the fields of science, education, business or athletics means a level of expertise such that the applicant is one of the small percentage who has risen to the very top of the field of endeavor.

On the other hand, in the field of arts, “extraordinary ability” means distinction, i.e., a high level of achievement in the field evidenced by a degree of skill and recognition substantially above that ordinarily encountered, such that the individual can be described as prominent, renowned, leading, or well-known in the field.

For those in the motion picture or television industry, the beneficiary must demonstrate extraordinary achievement. This is defined as a degree of skill and recognition significantly above that ordinarily encountered, such that the person is recognized as being outstanding, notable or leading in the motion picture and/or television field.

Support staff who play an essential or integral part of the primary artist or athlete can apply for an O-2 visa. The O-2 worker must possess critical skills and experience with the principal that cannot be readily performed by a U.S. worker and which are essential to the successful performance of the principal.

The application will require a written advisory opinion from a peer group (including labor organizations) or a person with expertise in the beneficiary’s area of ability.

If the O-1 petition is for an individual in the motion picture or television field, the consultation must come from an appropriate labor union and a management organization with expertise in the beneficiary’s area of ability.

If the petitioner can demonstrate that an appropriate peer group/labor organization does not exist, then the decision will be based on the evidence of record.  Similarly, a consultation may be waived for an alien with extraordinary ability in the field of arts if the alien seeks readmission to perform similar services within 2 years of the date of a previous consultation.

For individuals seeking an O-1 in fields other than motion picture/television, the petition should be supported by evidence that the beneficiary has received a major, internationally-recognized award, such as a Nobel Prize.  Alternatively, the beneficiary should submit evidence of at least (3) three of the following:

  • Receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor
  • Membership in associations in the field for which classification is sought which require outstanding achievements, as judged by recognized national or international experts in the field
  • Published material in professional or major trade publications, newspapers or other major media about the beneficiary and the beneficiary’s work in the field for which classification is sought
  • Original scientific, scholarly, or business-related contributions of major significance in the field
  • Authorship of scholarly articles in professional journals or other major media in the field for which classification is sought
  • A high salary or other remuneration for services as evidenced by contracts or other reliable evidence
  • Participation on a panel, or individually, as a judge of the work of others in the same or in a field of specialization allied to that field for which classification is sought
  • Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation; or
  • Other comparable evidence

For those in the motion picture/television field, the petition should include evidence that the beneficiary 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.  Alternatively, the beneficiary can show evidence of at least (3) three of the following:

  • Performed and 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
  • Achieved national or international recognition for achievements, as shown by critical reviews or other published materials by or about the beneficiary in major newspapers, trade journals, magazines, or other publications
  • Performed and will perform in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation as evidenced by articles in newspapers, trade journals, publications, or testimonials.
  • 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
  • Received significant recognition for achievements from organizations, critics, government agencies or other recognized experts in the field in which the beneficiary is engaged, with the testimonials clearly indicating the author’s authority, expertise and knowledge of the beneficiary’s achievements
  • A high salary or other substantial remuneration for services in relation to others in the field, as shown by contracts or other reliable evidence

You need a petitioner.

Once the petition is approved by USCIS, the beneficiary can apply at a U.S. embassy or consulate for the visa.  The visa can be issued for an initial period of up to three years.

The spouse or children under 21 years of age of an O-1 are eligible to apply for an O-3 nonimmigrant visa.  Their visa will be subject to the same period of admission as the principal nonimmigrant.  Unfortunately, the O-3 spouse/child is not eligible for employment authorization. However, they may engage in full or part time study.

 

  • We consulted Angela after trying 3 different lawyers to help us adjust status for my mother. We never saw results with either of the previous lawyers so we kept searching for someone that could actually help us with my mom’s situation. She was able to adjust status in about 1 years or so. She received her work authorization within 6 months of her taking her case. In mid August she finally had her interview and was approved. She took a vacation right away to visit family that she had not seen in about 15 years. My family and I are very thankful with her for all the good work she did. Everyone in her office is very friendly, they make you feel like you are at home. Thank you so much Angela for the time and effort you put into helping our family.

  • “Angela took me by the hand literally from the slums of asylum to being a Legal permanent resident of The United States! It was a journey that I was so glad we went on together. She’s very thorough, patient, kind, and FUNNY. Ahh, I love her! She’s the very best and I 100% recommend her for all your immigration needs.” -SG

  • “I would like to thank Angela and her team for helping me and my family with our asylum case. After meeting 5 immigration attorneys Angela was the best! My immigration process journey was a rough one. but Angela was always there for us. She assisted me on every level and beyond. Angela is a very passionate, knowledgeable, strong attorney, who is always on top of her game. She is a very optimistic, caring and empowering person, who became a mentor to me. She would spend hours and days with me when I was having an anxiety attack over my upcoming asylum interview. She made sure I was ready and I was OK both physically and emotionally. I believe some people had suffered from PTSD and having trouble recalling all the dark memories of your life. She suggested I see a psychologist which made a big change in my life (a good change). Not only that Angela went with me to my interview where she supported me both physically and emotionally which, to be honest, made a HUGE difference, having somebody whom you knew and trust. Angela will help you to find help and support you need, she will guide you thru all your process. After all, what we have been through my life is so much better and happier, because we were lucky to find a great attorney! Once again Thank you!” -T.B.

  • “Very good lawyer with professional business standards.”  A.Y.

  • “My friend recommended Angela and I called her about a serious immigration issue my brother was facing.  She was incredibly helpful and took the time and effort to answer all my questions and address my concerns.  Angela was knowledgeable and honest and during an especially stressful time for my family she was a godsend.  I would wholeheartedly recommend her to anyone needing an immigration attorney.” – L.H.

  • “Angela has the best service in this field, she is quick to response and her work is 110% she is the best deal you can get in immigration matters, she really cares about her clients and explaines so well legal complications regarding each case I recomnend her 110% Angela is the best one in LA!!” – O.L.

  • “Angela was our lucky charm; if she’s an object it would be the lucky cat figure you find waving at you, all smiles in every counter of businesses. Angela has been such an important person in our lives, winning my ICE case/USCIS adjustment of status from Sep 2014-Sep 2017 (3 years). Thank you for your kindness and very professional service with regards to our case. Angela have made my wife, my mom and loved ones welcome, at home and family oriented. I have nothing much to say but high regards to the woman who is trustworthy, made us laugh, comfortable in our interviews, on time with our appointments,all the way full support and most importantly pass our test interviews with flying colors. We will definitely recommend The Law Office of Angela Suh to anyone and I guarantee you will have success. God Bless us all.”  R.R.

  • ‘I was recommended by a friend to use Angela Suh for my immigration issues that I was having. The attorney I had before Angela was a nightmare, the experience I had with him was just disgusting, getting to speak to him was IMPOSSIBLE, he had no work ethics no concern, the only thing he was concerned was if his fees were paid in full, long story short, I hope no one ever should have to go thru what I went thru with my last attorney. Then I get to speak to Angela on the phone for the first time, I just can’t express the kind of relief I felt with just our first conversation, she made me feel so comfortable, and most importantly she wanted to hear my concerns, I was on the phone with her for over 45 minutes and when we were done talking I was so relieved, it gave me a peace of mind with my immigration issues I was facing. A week later she flew to New Orleans so we could meet up and she could gather more info on my case at the USCIS. I still remember how friendly and concerned she was in regard to my case, I felt like I was talking to a friend and not an attorney. Every time that I have called her office to speak I would be able to and if I had to leave her a message I would get a call back from her no later than an hour, it was that easy to get in touch with her.  All in all, in my personal opinion she is by far the best Immigration Attorney out there and I would HIGHLY RECOMMEND HER TO ANYONE ANY DAY. If you are out there looking for an immigration attorney who cares about her clients and goes out of her way to help you, She is the one you need to call. I give her a 10 on 10 for everything she has done for me and helped me. Thank you, Angela Suh.”  S.G.

  • “BEST immigration attorney ever!! Absolutely love her. She’s been my attorney for 4 years and she does such a good job!! She has great customer service, she’s very nice and gets things done fast. I definitely recommend her :)” S.P.

  • “La abogada Angela me represento en todas mis audiencias en corte desde el año 2014. Le agradezco por todo lo que hizo por mi. Ella peleó muy duro por mi caso y ganó. Estoy muy agradecida porque puede recuperar mi residencia. Yo tuve 2 abogados antes que Angela pero no estuve satisfecha con sus servicios porque no me devan esperanza y no les confiaba con mi caso. No valía la pena que gaste mucho dinero y tiempo en un abogado que no estaba dispuesto a pelear por mi caso. La abogada Angela es diferente de ellos. Ella trabajó muy duro y me dio esperanza durante todo el proceso. Ella me hizo sentir cómoda dejandole mi caso en sus manos. Estoy muy feliz ahora porque tengo mi residencia de vuelta. Esto significa mucho para mi porque ahora ya no me tengo que preocupar por mi estado migratorio y pronto puedo empezar a aplicar para mi ciudadania.”  E.B.

  • “I was told to appear for my asylum interview on short notice. I searched online for immigration lawyers with good reviews and, fortunately, I found Angela.
    She is one of the most hard-working people I’ve met. Angela was able to supplement my file with important materials and prepare me for the interview in a short period of time. Furthermore, I was able to contact her office and get quick responses through every step of the process, which is something my previous attorney was terrible at. I love how devoted and organized Angela is, even though she is busy, she somehow manages to take good care of her clients.
    My asylum case got approved two days ago.  I am relieved, happy and grateful to be able to live the peaceful life I didn’t get in my country. I really couldn’t have done it without her. I definitely recommend her to anyone” – M.A.

  • “Where do I begin with what an amazing immigration attorney Angela is. My situation from speaking to multiple immigration attorneys was unique and seemed like a tough case to win, but after speaking to Angela, which she also recognized as a challenging case as well, had a strategic approach to give us the best chance to get my citizenship denial reversed and approved. Immigration has lost some key documents and proof of payment in my file when I became permanent resident 10 yrs ago. This became a problem when I applied for my citizenship in 2018. I passed the civics and written test but when they reviewed my file there they said I will need to prove that I had filed and paid for that document. I told them I had to otherwise I would not have gotten my permanent resident card in the first place. Angela was honest that my case was going to be tough as she have not dealt with this scenario before, but her plan to resolve this matter was well thought out. She had found a piece of information in my FOIA that gave us an opportunity to prove those documents and fees were indeed paid. And with a little patience and her knowledge and persistence Us Citizenship services reversed the decision and approved my citizenship a year later after I hired Angela. I would highly recommend Angela Suh if you have any immigration issues and need a great attorney to represent you.”  J.T.

  • “Thanks for all.  You were there to support us being a good lawyer and a friend.”

  • “Thank you again…and we really appreciate your great help thus far. We will definitely refer your name if any of our friends need your services.”

  • “Angela, just wanted to thank you and congratulate you on a great job you did for us.  To you this may have been another day at work but to me it meant my freedom. Thank you so much.”

  • “La Abogada Angela Suh me ayudo con mi caso de emigracion.  Yo sentia que mi caso era muy dificil de ganar porque yo ya tenia deportacion y ella gano mi caso.  Ella fue muy amable con migo y con mis hijos.  Yo pude comunicarme con ella porque ella habla y entien muy bien mi idioma espanol.  Es un abogada muy Buena y gana casos dificiles.”

  • “Thank you for all of your hard work on my father’s case.  We were blessed to have you as our attorney.”

  • “Angela, We can thank you enough for all your help.  Wow!  J and I want to say thank you, thank you.  From me a special thank you.  (Yes, I received my card last week).  Thank you.”

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