Gudeon and McFadden
Aliens of Extraordinary Ability and Problems of Proof
 
 HOME PAGE
 FIRM PROFILE
 LONDON VISA PROCESSING
 WEEKLY UPDATE
 BLOG
 NONIMMIGRANT VISAS
 IMMIGRANT VISAS
 ARTICLES
 PRESS
 OUR LOCATION
 USEFUL LINKS
 CONTACT US
 SITE MAP
  GUDEON & McFADDEN
  SIXTH FLOOR
  26/28 GREAT PORTLAND ST
  LONDON W1W 8QT
  TEL: +44 20 7323 9454
  FAX: +44 20 7580 2171
 

Updated: September 19, 2017

BACK

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:

  1. 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
  2. At least three of the following forms of documentation:
    1. 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;
    2. 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;
    3. 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;
    4. 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;
    5. 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
    6. 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
  3. 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)

  1. Form of documentation. The evidence submitted with an O petition shall conform to the following:
    1. 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.
    2. 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.
    3. 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.
© 2017 Gudeon & McFadden. All rights reserved. Disclaimer