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The crux of an O-1 visa (sometimes also called a talent visa) is extraordinary, a word of art. The issue is that what makes a person unique is very subjective. In the eye’s applicant, a personal talent might seem very extraordinary, like the ability to play the piano, guitar, sing or the ability to paint, or maybe because the person is a “YouTuber” or the so-called “influencer” on Instagram or “TikTok” with a few hundred thousand followers. The reality is that there are many extraordinary people in today’s world, but only the ones who comply with the law will get granted an O-1 visa.

The Objective conditions for the O-1 applicant is written in the US immigration law with very defined criteria. Let’s look at the general eligibility and then specific eligibility in turn.

In general, the applicant must show:

  1. an extraordinary ability AND
  2. show continuous national OR preferable international acclaim, AND
  3. must be coming temporarily to the United States to continue work in the area of extraordinary ability.

Now specifically, in the fields of science, education, business, or athletics, extraordinary means:

“a level of expertise indicating that you are one of the small percentages who have arisen to the very top of the field.”

In the fields of arts, extraordinary means:

a high level of achievement and distinction as shown by a degree of skill and recognition

“substantially above that ordinarily encountered, to the extent that you are prominent,

renowned, leading, or well-known in the field of arts.”

In the field of the motion picture or television industry, extraordinary means:

a record of achievement evidenced by “a degree of skill and recognition significantly

above that ordinarily encountered, to the extent that you are recognized as outstanding, notable, or leading in the motion picture and/or television field.”

Two things are entirely irrelevant to these types of applications: 1) the type of talent, as long as it meets the exceptional criteria, and 2) that the work to be performed in the United States requires someone with such extraordinary talent.
O visas are not given for a particular fixed period. They are issued depending on the itinerary submitted with the application. The itinerary must state several events or performances, or engagements in which the applicant must attend for the duration of the visa.
We have successfully processed O-1 visas for tattoo artists, professional chefs, guitar soloists, singers, songwriters, professional dog handlers, fashion models, and actors at EDAM LAW.
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