Last Updated on July 5, 2024 by Linda Lee
Los Angeles Entertainment Visa Attorneys
O-1 Entertainment Visas
Los Angeles is a hub for actors, singers, comedians, performers, and many others looking to enter the entertainment industry from all over the world. However, immigrants to the United States will need to protect their rights and well-being through an immigrant visa specifically made for those in the United States for an entertainment career.
These are known as O-1 visas and are vital to those looking to find success in the entertainment industry. However, like any visa, there are many rules that must be followed in order to successfully protect your rights.
At the Immigration Law Office of Los Angeles, P.C., we provide consultations to those who call us toll free at (213) 375-4084. The information you gain from an experienced Los Angeles entertainment visa attorney can help you avoid serious complications and protect your rights.
Who Qualifies for O-1 Visas?
Typically, O-1 visas are reserved for people who have reached a high level of achievement or shown extraordinary abilities in entertainment. Additionally, you must be in the United States in an effort to continue working for your employer in the country.
However, extraordinary abilities and achievements can be difficult to define. While a consultation with our legal team can help you determine the facts in your unique case, there are multiple factors that apply to everyone’s application for an O-1 visa.
In order to qualify, you must meet at least three of the following guidelines:
- Past performance as the lead or star of a production
- Commercial or critically-acclaimed success
- Recognition on a national or international scale
- Membership in a distinguished organization
- Continually high salary, both in the past and the foreseeable future
- Recognition from critics, experts, or organizations
In order to prove that these qualifications apply to you, you will need an attorney who puts together a strong case show why you deserve to be granted an O-1 visa.
How Can an Entertainment Visa Help?
O-1 visas are designed to give people enough time to complete the work that brought them to the United States. When issued, the visa will give you an initial period of stay for one, two, or three years, depending on how long it will take to accomplish your goal. However, this can be extended through a Form I-129 petition in order to complete an event or activity that takes longer than the initial time period granted.
The benefits of an O-1 visa also extend to others in your life. Your spouse and under-21 children can apply for O-3 visas, which give them the same period of stay in the United States that you have been granted. While this does not allow them to work in the country, they are able to study on either a full or part-time basis.
Additionally, those that work for people with an O-1 visa can gain an O-2 visa, allowing them to stay in the U.S. while they support you and your work. These visas will help them to work in the U.S. in their entertainment-related roles, such as agents and assistants. In any of these cases, family and workers will need to go through their own application process to qualify, which must prove that they have one of these qualifying relationships with the approved O-1 applicant.
Aid from a Skilled O-1 Visa Attorney
If you are in the United States and are either looking to apply for an O-1 visa or are experiencing difficulties regarding one that you already have, do not wait to contact the Immigration Law Office of Los Angeles, P.C. at (213) 375-4084. The sooner a California O-1 visa attorney can start working on your case, the better chance you have of completely protecting your rights and preventing harm from being done to your career. With our assistance, your continued success can be protected year after year.
Want to apply for the O-1 Visa? Call us at (213) 375-4084 for a Consultation
O-1 Visa FAQ
What are the requirements necessary for an O visa?
The alien must demonstrate extraordinary ability by sustained national or international acclaim and must be coming temporarily to the United States to continue work in the area of extraordinary ability.
What is extraordinary ability?
To be classified under the O-1 nonimmigrant visa category, you must have extraordinary ability in the sciences, arts, education, business, or athletics or a demonstrated record of extraordinary achievement in the motion picture or television industry.
Extraordinary ability means a level of expertise indicating that the person is one of the small percentages who has risen to the very top of the field of endeavor.
What is extraordinary ability in the field of arts?
Extraordinary ability in the field of arts means distinction. Distinction means a high level of achievement in the field of the arts such that the alien is considered renowned, leading, or well-known in the field of arts. The arts include, but are not limited to, fine, visual, culinary and performing arts. Therefore, if you are a distinguished pianist, violinist, ballet dancer, conductor, chef, graphic designer, etc. then O-1 might be an option for you. Essential personnel such as directors, choreographers, set designers, make-up artists, and stage technicians are also included in this category.
To qualify as an alien of extraordinary ability in the field of arts, the alien must be recognized as being prominent in his or her field of endeavor as demonstrated by the following:
Evidence that the alien has been nominated for, or has been the recipient of significant national or international awards or prizes in the particular field such as an Academy Award, an Emmy, a Grammy, or a Director’s Guild Award; OR
At least three of the following forms of documentationEvidence that the alien has performed, and will perform services as a lead or starring participant in productions or events which have a distinguished reputation
Evidence that the alien has achieved national or international recognition for achievements evidenced by critical reviews or other published materials by or about the individual in major newspapers, trade journals, magazines, or other publications;
Evidence that the alien has performed, and will perform, in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation
Evidence that the alien has 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 pictures or television ratings, and other occupational achievements reported in trade journals, major newspapers, or other publications;
Evidence that the alien has received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field in which the alien is engaged. Such testimonials must be in a form which clearly indicates the author’s authority, expertise, and knowledge of the alien’s achievements; or
Evidence that the alien has either commanded a high salary or will command a high salary or other substantial remuneration for services in relation to others in the field, as evidenced by contracts or other reliable evidence
I received a job offer from a Hollywood production company. Is an O-1 visa possible in the motion picture or television industry?
Yes! Those in the film and television industry are held to a higher standard than those in the arts although the same criteria are used.
To qualify for an O-1 visa in the motion picture or television industry, the beneficiary must demonstrate a history of extraordinary achievement such that the alien is recognized as outstanding, notable or leading in the motion picture and/or television field. The applicant must meet the level of extraordinary achievement, and not just mere distinction.
If you are a distinguished movie producer, film director, production designer, actor/actress, cinematographer, etc. then O-1 might be an option for you.
What is extraordinary ability in Science, Business and Athletics?
Applicants in these areas must show that they are one of a small percentage to have reached the top of their field. They can show national or international acclaim through receipt of a major international award OR show evidence that they meet three of the following criteria:
Has received a nationally or internationally recognized award;
Holds membership in an organization that requires outstanding achievement;
Published materials about applicant in professional or trade publications;
Has served as a judge of the work of others;
Has produced original scientific or scholarly work of major significance in their field;
Is the author of scholarly work;
Has been employed in a critical role by an entity with a distinguished reputation;
Has received or will receive a high salary.
Do I need an employer/sponsor in order to file for O petition?
Yes, you do need an employer to sponsor you in order to file for an O petition. However, if you are an alien and own a production company in Hollywood, for example, you can utilize that production company to petition O-1 for you.
Who can be my O visa petitioner?
Any U.S. employer, a U.S. agent, or a foreign employer through a U.S. agent can petition for you. However, the petitioner must at least be in the artist’s field of expertise. This also means, that a U.S. citizen, who is in the artist’s field may petition for them as long as there is a legitimate reason why the petitioner requires the artist to work in the United States.
How long is an O visa effective for?
O visas will be granted for the time period that is required for that event but not longer than 3 years.
Is it possible to file O-1 extension?
Yes, if the O-1 will be expiring soon, you can file for O-1 extension in 1 year increments. Alternatively, you may apply for a new three year visa.
Are there different classifications for O visas?
Yes, there are 3 main types of O visas:
O-1 classification: Alien with Extraordinary Ability in Science, Arts, Education, Business or Athletics
O-2 classification: Alien accompanying and Assisting in the Artistic or Athletic Performance by O1
O-3 classification: Spouse or Child of O-1 or O-2.
I am on the support staff of a famous artist. Can I qualify for O visas?
Yes. As a support staff of a famous artist, you can qualify for O-2 visa.
O-2 visas are available for those accompanying the principal O-1 visa holder if their work is an integral part of the principal visa holder’s performance or artistic endeavors and they possess critical skills and experience that are not of a general nature and cannot be performed by other individuals.
In the Immigration Law Office of Los Angeles, we count with a vast experience in O-1 cases, and we love to bring talent to the US! Give us call to start your process: (213) 375-4084