O1B Motion Picture/Television Industry
An O-1B is an alien coming temporarily who has extraordinary ability in the arts or extraordinary achievement in the motion picture or television industry.
The “arts” includes any field of creative activity or endeavor such as, but not limited to, fine arts, visual arts, culinary arts, and performing arts. Aliens engaged in the field of arts include not only the principal creators and performers but other essential persons such as, but not limited to, directors, set designers, lighting designers, sound designers, choreographers, choreologists, conductors, orchestrators, coaches, arrangers, musical supervisors, costume designers, makeup artists, fight masters, stage technicians, and animal trainers.
Arts encompasses a full range of people, not necessarily principal creators or performers, but also people that exercise creative judgment and apply imagination to the enhancement or preservation of a creative act. Under this definition, artistic administrators, music teachers, vocal coaches, and many others who contribute to the creative process may qualify for O-1B status.
The petition must be submitted with:
1. A written consultation from a peer group or a person of the employer’s choosing with expertise in the foreign national’s area of ability. If the petition is based on the foreign national’s extraordinary achievement in the motion picture or television industry, separate consultations are required from the relevant labor and management organizations;
2. A copy of any written contract between the employer and the foreign national or a summary of the terms of the oral agreement under which the foreign national will be employed;
3. Evidence that the foreign national has received or been nominated for significant national or international awards or prizes in the field, such as an Academy Award, Emmy, Grammy, or Director’s Guild Award, or at least three of the following:
- Evidence that the foreign national has performed or will perform as a lead or starring participant in productions or events that have a distinguished reputation;
- Evidence that the foreign national has achieved national or international recognition for achievements in the field;
- Evidence that the foreign national has a record of major commercial or critically acclaimed successes, as evidenced by ratings, box office receipts, etc.;
- Evidence that the foreign national has received significant recognition from organizations, critics, government agencies, or other recognized experts;
- Evidence that the foreign national commands or will command a high salary or other remuneration for services in relation to others in the field; or
- Evidence that the foreign national has performed in a lead or starring role for organizations that have a distinguished reputation.