O-1 Visas for achievement in motion picture and/or television productions

The O-1 visa is a temporary work visa available to foreign nationals who have "extraordinary ability in the sciences, arts, education, business or athletics." The O-1 visa is also available to those in motion pictures and television, and related visas are available to those who support the O-1 visa holder for their events and activities.

As you may know, our office in Wilmington, North Carolina, is nearby major TV and movie production facilities. Wilmington has become a major center of American film and television production, and as a result has drawn international talent to its soundstages and studios. Please consider us a resource for your O-1 and related entertainment visa needs. The O-1 visa is a great way for foreign artists and entertainers to bring their talents to the United States.

McKinney & Justice works with agents, managers, producers, presenters, production companies, record labels, and movie studios. We minimize the paperwork involved so that production timelines can be met with as little hassle as possible.

O-1 visas are valid for up to three (3) years. They may be extended in one-year increments for ongoing projects, and in some cases open the door to lawful permanent residency for the foreign national.

Qualifications for an O-1 Visa
 
Applicants for O-1 visas must demonstrate that they possess extraordinary ability in the arts, sciences, business, education, athletics, or the motion picture or television industry. The applicant must show that s/he has achieved sustained or international acclaim and an extraordinary record of achievement. The applicant must demonstrate that s/he is coming to the United States to perform temporary services for an event or series of events.

Many times the petition we prepare is signed and filed by one US employer. In some cases the O-1 petition must be filed by multiple future employers; in others we rely on an established agent; and in others the petition will be filed by a foreign employer through a US agent. O-1 applicants may not self-petition.

Evidence for O-1 Visa Petitions
 
To demonstrate international recognition and extraordinary ability in the business or sciences, the O-1 visa applicant may provide evidence that s/he is the winner of an internationally-recognized award, such as a Nobel Prize, or by demonstrating at least three of the following:

• Internationally or nationally recognized prizes or awards;

 

• Published material about your work;

 

• Membership in an association that requires members to have outstanding achievement;

 

• Original scientific, scholarly, or business-related contributions of major significance in the field;

 

• Authorship of scholarly articles published in any type of major media or professional journals;

 

• High salary or any other type of compensation;

 

• Participation on a panel, or as a judge for other people's works;

 

• Evidence of past employment for organizations or establishments that have a high reputation.

To demonstrate international recognition and extraordinary ability in the arts and motion pictures and television, the O-1 visa applicant may also provide evidence that s/he is the winner of an internationally-recognized award, such as an Academy Award or a Grammy, or by demonstrating at least three of the following:

• Lead or starring role for productions or events with distinguished reputations;

 

• National or International recognition demonstrated by published material about your work;

 

• Lead, starring, or critical role for organizations or establishments with distinguished reputation;

 

• Record of major commercial or critically acclaimed success;

 

• Significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field;

 

• High salary in relation to others in the field.

If you work in the movie or TV industry and are interested in pursuing an O-1 visa to work in North Carolina or another state, please contact us for an initial consultation at helen@mckinneyandjustice.com . During that consultation, we will evaluate your options, explain the legal fees and USCIS filing fees and procedures, and give you a checklist of documentation needed to begin work on the case. If you do not qualify for an O-1 visa, we will explore other possible opportunities. For example, for small productions where a substantial investment is made, the E-2 visa is an option even if the "extraordinary" standard is not met.