Updated as of September, 2024 with new information and fees!
This article is written by Dani Oliva and was originally published in Canadian Musician magazine, July/August 2020 issue.
Are you a musician, producer, songwriter, composer, creative director, actor/actress, photographer or another type of creative professional who has been offered a gig in the USA? If so, you may qualify for a visa for “Extraordinary Ability in the Arts” also known as an O-1B visa!
How far in advance do you need to look at the requirements and start putting your paperwork together? I suggest right now! Preparing the documents to secure a visa can take a lot of time. Even if you’re at the beginning stages of your career, it’s helpful to look at the requirements if you do eventually want to work in the USA.
I’m pumped for ya! Now let’s get you to the USA!
O-1B visas can be issued fairly quickly (within a 6 month period via regular processing) IF you can make a strong showing that you fulfill the requirements I outline below. However, unless you have a couple of Grammy’s, and I don’t mean the kind that chases you around with a wooden spoon and makes you biscotti, do not rely on an expedited approval from United States Customs and Immigration Services (“USCIS”) if you have an upcoming gig. Review the processing times on the USCIS website or talk to an attorney about processing times and try to apply as far in advance as possible.
How Long is an O-1B good for?
An O-1B visa can be issued for the length of time necessary for the particular event or series of events (“event” is also interpreted liberally, it could mean, for example, you’re part of an ongoing production team!) up to three years, with unlimited 1-year extensions.
How do you qualify?
To qualify for an O-1B, you must have sustained national or international acclaim. Your achievements must show a record of prominence in your field. You must be coming to the United States to continue work in your area of extraordinary abilities.
You need to have clout and the evidence and history to back it up! What evidence do you need?
- Evidence of a Significant National or International Award or Prize.
Got a stack of Juno nomination certificates? Polaris Prize long-listed? Grammy noms or wins? Another significant national award? Save these! Hit up your attorney and make sure they put a copy of the certificates or wins in your Petition packet!
Don’t have a significant or international award or prize? Don’t fret! You may still qualify. Alternatively, you can qualify for an O-1B by showing three of six of the following criteria:
- Lead or Starring Participant in Distinguished Production or Events
You have to show a history of performing in productions or events which have a distinguished reputation. You can also demonstrate you’ve played a critical or leading roll in the production or events.
For future events, make sure to submit an itinerary AND ALSO evidence which demonstrates that the proposed events have a distinguished reputation. For example, maybe you’re performing at an award show, the Olympic games, Lollapalooza, a television breakfast or late night show, a significant tour or livestream, or another similar event.
Examples of evidence: advertisements or pr releases, written reviews from critics, magazine articles, letters of reference from the compan(ies) employing you for the event.
- National or International Recognition for Achievements
You can submit evidence of national or international recognition for achievements. It’s easiest to explain this factor through evidence examples. Acceptable evidence about you includes: coverage about you in major newspapers which include circulation figures, major trade journals, major magazines, and other publications.
Concerning circulation, it should be specific to the media format in which it was published. For example, if the article was published online, the evidence must relate to the website.
PR agents are great at helping you secure this kind of coverage!
- Lead, Starring or Critical Role for Distinguished Organizations, Establishments, Companies
What’s the difference between this factor and the factor concerning events and productions? In this factor you’re demonstrating you’ve performed in the past and will perform in the future for organizations, companies, establishments that have a distinguished reputation, whereas the other factor relates to distinguished production or events. For example, maybe your coordinating or participating in music events for a Performance Rights Organization (example, SESAC, BMI, SOCAN, ASCAP or international equivalent), GLAAD, a fashion brand, a demo for an instrument brand, or another organization. This factor is some-what flexible. For example, if you’re a songwriter or artist and have written a song that ends up in a trailer for a tv show, we can submit information concerning the trailer to help fulfill this factor.
If you’re including testimonials or letters for this factor, make sure they include details such as the credentials of the author of the letter, details about your achievements, and the author’s basis of knowledge of your role.
Hot tip: testimonials or letters that describe your personal characteristics, qualities, skills and/or talents are not sufficient. You could have the voice of Celine Dion or play guitar like Jeff Healey, but it does not matter! The letters need to identify specific achievements ¨achievements which garnered you significant recognition in your field.”
- Commercial Acclaim or Success
Ratings, ratings, ratings— did your song hit Billboard top 100, college radio charts? Are you charting nationally and internationally? This is where to include allllllll of that data.
Did you get a gold or platinum record? What what, congrats! Include that info too! Heck, take a pic of your plaque or contact Music Canada or a related organization and print up the mock-up of your plaque!
Hot Tip: if you’re an artist and you’re performing in a country where you still find you’re selling physical albums (LPs, EPs, singles etc.), make sure you’re recording your physical off-stage sales. Countries have different systems to do this. In the U.S. and Canada, you can use Nielsen SoundScan through the atVenu system to report this data. Sometimes you have to pay an annual fee to be able to record sales, which can add up, but if you’re attempting to qualify for a visa, this data is helpful.
- Remuneration
Do you get that cash cash money money for what you do? That’s an important factor! You can submit evidence showing you have commanded or do command a high salary or substantial payment for what you do in comparison to others in your field.
Evidence of this includes: copies of contracts, equity in lieu of cash for services is ok!, statistical comparisons of salaries in your field from a government or private institution or similar organization compared to others in your field, and testimony from industry experts.
For statistical comparisons, try searching:
Bureau of Labor Statistics: http://www.bls.gov/bls/blswage.htm
Department of Labor Career One Stop websites: http://www.careeronestop.org/SalariesBenefits/Sal_default.aspx; or the
Department of Labor’s Office of Foreign Labor Certification Online Wage Library:
If you can show three of the six above successfully, USCIS deems that you have demonstrated extraordinary ability in the field of art, and your Petition for a visa will be granted.
If you do not or USCIS feels they need more information, you may get another chance. USCIS may send you a letter requiring additional information to process your application, and you can provide more evidence or information in support of your Petition. If you’ve attempted this process yourself and you have a chance to submit supplemental information, I would recommend having an attorney help you assemble a supplemental packet.
Fees and Costs To File:
Updated as-of September, 2024, here are the approximate costs to file an O-1B visa. Please note that fees can change and range!
- Attorney Fees: Start around $6500.00 USD + and can range depending on the services the attorney’s office will provide and factors such as if you have support personnel or a spouse and dependents who will also be coming with you.
- Filing Fees: As of September 2024, the fees are-
- Regular Fee if your Petitioner has 25 or fewer full-time employees:
- $530.00 PLUS
- $300.00 Asylum Program Fee
- Regular Fee if your Petitioner has more than 25 full-time employees:
- $1055 PLUS
- $600 Asylum Program Fee
- Expedited (Rush) Fee, the above PLUS $2805
- Advisory letters of support can range from approx. $250-550 USD
- Make sure to budget an additional $350.00 USD for copies and postage
- Regular Fee if your Petitioner has 25 or fewer full-time employees:
Hot Tip: Start working on your Petition EARLY. As you can see, a lot of time goes into acquiring the evidence and information required for your Petition.
If you have essential personnel (such as an artist manager, business manager, creative director), you can apply for an O-2 visa for them to accompany you and assist with your work. Support personnel require a separate fee.
If you have a spouse or child, you can petition for them to accompany you via an O-3 visa. Your spouse cannot work in the U.S., but they can study part-time or full time.
Best of luck with your visa application!
