BUSINESS
Dani Oliva is an artist advocate, speaker, and attorney focused on helping talented creators thrive in the
music business. Follow him @olivaesq and visit www.olivaesq.com.
By Dani Oliva
Have “Extraordinary Abilities” in the Arts?
O-1B Visa Options for Musicians & Creative Professionals
Have a long-term or recurring gig in
the U.S.? You may qualify for an O-1B
visa if you have extraordinary abilities
in the arts. Musicians, producers,
songwriters, creative directors, theatre
performers, photographers, and the like can
all apply.
O-1B visas can be issued fairly quickly if you
can make a strong case that you fulfill the requirements
outlined below; however, unless you have
a couple of Grammys, don’t rely on an approval
from United States Customs and Immigration Services
(USCIS) if you have an upcoming gig. Try
other visa options first if you can!
How Long Is an O-1B Valid?
An O-1B visa can be issued for the length of time
necessary for the particular event or series of
events up to three years, with unlimited one-year
extensions. (“Event” is interpreted liberally; for
example, it could mean you’re part of an ongoing
production team!)
Hot Tip: Though an O-1B visa can help you
qualify for a green card in the future, an O-1B has
a limited duration. In your application, make sure
that you convey you’re coming to the U.S. for a
limited period and that you do not have the intent
to permanently stay.
How Do You Qualify?
To qualify for an O-1B, you must have sustained
national or international acclaim with a record of
prominence in your field, and must be coming
to the U.S. to continue work in your area of extraordinary
abilities. You also need to have clout and
the evidence and history to support your claim!
That includes:
Evidence of a Significant National or International
Award or Prize – Got a stack of Juno
nomination certificates? Grammy nods or wins?
Another significant national award? 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 show 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 also
have to show you’re playing a critical or leading
role in the production or events.
For future events, make sure to submit an
itinerary AND 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,
or a similar event.
Examples of evidence: ads or press releases,
critical reviews, magazine articles, or letters of
reference from those employing you for the event.
National or International Recognition for
Achievements – It’s easiest to explain this
through evidence examples, which include:
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.
Lead, Starring or Critical Role for Distinguished
Organizations & Establishments –
What’s the difference between this and the factor
concerning events and productions? Here, you’re
demonstrating you’ve performed in the past
and will perform in the future for organizations
and establishments that have a distinguished
reputation, whereas the other factor relates to
distinguished production or events. For example,
maybe you’re coordinating music events for
GLAAD or another organization.
If you’re including testimonials or letters,
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; the letters need to
identify specific achievements which garnered
significant recognition in your field.
Commercial Acclaim or Success – Ratings, ratings,
ratings. Did your song hit the Billboard Hot 100
or college radio charts? Are you charting nationally
or internationally? Include all of that data. Gold or
platinum record? Congrats! Include that info too!
(Heck, you can even send a pic of your plaque.)
Hot Tip: Make sure you’re recording your
physical off-stage sales in other countries. 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 command or have
commanded a high salary or substantial payment
for what you do compared to others in your field.
Evidence includes: copies of contracts (equity
in lieu of cash for services is okay), 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, consult the Bureau
of Labor Statistics, Department of Labor Career
One-Stop websites, or the Department of Labor’s
Office of Foreign Labor Certification Online Wage
Library, all of which are suggested by USCIS.
Summary
If you can show three of these six criteria successfully,
USCIS deems that you have demonstrated
extraordinary ability in the field of art, and your
petition for a visa will be granted.
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 have a
chance to submit supplemental information, I
would recommend having an attorney help you
assemble a supplemental packet.
Hot Tip: Start working on your petition early.
As you can see, a lot of time goes into acquiring
the required evidence and information.
If you have essential personnel, you can apply
for an O-2 visa for them to accompany you and
assist with your work. 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!
62 CANADIAN MUSICIAN