Updated: July 31, 2020
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EVIDENTIARY CRITERIA FOR O-1 NONIMMIGRANT VISA AS AN ‘ALIEN OF EXTRAORDINARY ABILITY IN THE ARTS’
8 CFR § 214.2(o)(3)(ii)
Extraordinary ability in the
field of arts means distinction. Distinction means a high
level of achievement in the field of arts evidenced by a degree
of skill and recognition substantially above that ordinarily
encountered to the extent that a person described as prominent
is renowned, leading, or well-known in the field of arts.
8 CFR §
214.2(o)(3)(iv)
See note following
as to the form of documentation required.
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 documentation:
- Evidence that the alien has 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;
- 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 organization and establishments that have
a distinguished reputation evidenced by articles in
newspapers, trade journals, publications, or testimonials;
- 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; or
- If the criteria in paragraph (o)(3)(iv)
of this section do not readily apply to the beneficiary’s
occupation, the petitioner may submit comparable evidence
in order to establish the beneficiary’s eligibility.
FORM OF DOCUMENTATION
8 CFR § 214.2(o)(2)(iii)
- Form of documentation.
The evidence submitted with an O petition shall conform
to the following:
- Affidavits, contracts, awards, and
similar documentation must reflect the nature of the
alien’s achievement and be executed by an officer
or responsible person employed by the institution,
firm, establishment, or organization where the work
was performed.
- Affidavits written by present or
former employers or recognized experts certifying
to the recognition and extraordinary ability, or in
the case of a motion picture or television production,
the extraordinary achievement of the alien, shall
specifically describe the alien’s recognition
and ability or achievement in factual terms and set
forth the expertise of the affiant and the manner
in which the affiant acquired such information.
- A legible photocopy
of a document in support of the petition may be submitted
in lieu of the original. However, the original document
shall be submitted if requested by the Director.
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