FOR ARTISTS, CREATIVE PROFESSIONALS AND DESIGNERS
IF YOU HAVE ACHIEVED SIGNIFICANT SUCCESS AND RECOGNITION IN YOUR FIELD, YOU MAY BE ELIGIBLE FOR AN O-1 “EXTRAORDINARY ABILITY” VISA.
If you are an accomplished artist, art director, fashion designer, graphic designer, brand identity developer, writer, photographer or any other creative professional, contact us for a free consultation to discuss your eligibility for an O-1 visa. We will review your work and walk you through the requirements of the visa and together we can decide if this is the right visa for you.
The O-1 is a work visa granted to individuals that can demonstrate extraordinary ability in the arts or extraordinary achievement in the motion picture or television industry. Extraordinary ability in the arts requires distinction and can be proven in one of two ways: (1) nomination or receipt of a significant national or international award, such as an Academy Award or Grammy; or (2) fulfillment of a minimum of three (3) of the following criteria:
- Performance in a lead or starring role in productions which have a distinguished reputation, evidenced by critical reviews, advertisements, publicity releases, publications, contracts, testimonials or endorsements;
- Receipt of national or international recognition for achievements, evidenced by critical reviews or other published materials about you in major newspapers, trade journals, magazines, news sites, or other publications.
- Performance in a lead, starring, or critical role for companies and establishments that have a distinguished reputation, evidenced by articles in newspapers, trade journals, publications, news sites or testimonials.
- Record of major commercial or critically acclaimed successes, evidenced by such indicators as title, rating or standing in the field, box office receipts, motion picture or television ratings and other occupational achievements reported in trade journals, major newspapers or other publications.
- Significant recognition for achievements from organizations, critics, government agencies or other recognized experts in the field in which you are engaged.
- Receipt of a high salary or other substantial remuneration for services in relation to others in your field, as shown by contracts or other reliable evidence.
If you qualify, the O-1 visa will allow you to work in the United States in your field of extraordinary ability for an initial period of up to three years as determined by the job, contracts, projects or events that you are needed for. You can renew and extend the visa as long as we can continue to demonstrate that your talents are needed in the United States. You must have a sponsoring employer or agent for your petition.
Dependents and support staff are also eligible to receive a visa through your O-1.
EB -1 Permanent Residency
If you meet the requirements of the O-1, you may be eligible for an EB-11 green card based on your extraordinary ability. The standard for an EB-11 is much higher than for an O-1, as you must demonstrate sustained national or international acclaim and recognition for achievements and that you have risen to the top of your field. If you are able to meet this high standard, you are permitted to self-petition for a green card without an agent or employer.
E – 2 Visa
If you are interested in purchasing or starting your own design firm, studio, gallery or other business in the United States, you may be eligible for an E-2 “entrepreneur” visa.
The minimum requirements of the visa are that: (1) there must be a treaty between your home country and the United States; (2) you will develop and direct the business; (3) you make a substantial investment of funds into the business; and (4) that the amount of your investment is enough to sustain and operate the business. The investment required will differ based on the type of business you are starting or purchasing. Contact us to discuss the requirements as they pertain to your business.
If you qualify, the E-2 visa will allow you to work in the United States for the business for an initial period of up to five years. You can extend the visa as long as the business continues to operate and you continue to have a managerial or executive role. Essential employees from the same country as you also qualify for an E-2 visa.
Contact us for a free consultation to discuss your case further.