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O-1B visa success - how to achieve it by Roger Algase, Attorney at Law

This article will discuss one of the most important of the skilled and professional work visas: the O-1B "artist" extraordinary ability visa. For O-1B visa purposes, "artist" includes a broad range of people, ranging from visual artists, writers and musicians to fashion and graphic designers and performers. There are six requirements in the O-1B regulations to qualify for this visa. It is necessary to show that the O-1B candidate meets at least three of these requirements.

I will discuss the three most commonly used requirements that O-1B visa candidates rely on to qualify. These three requirements are as follows:

1) The O-1B candidate has worked or performed in lead or starring roles for distinguished organizations and will continue do so while working in O-1B status.
2) The O-1B candidate has performed at or had work shown at distinguished venues as evidenced by articles in major newspapers or publications.
3) Testimonial or recommendation letters about the O-1B candidate by recognized experts in the field.

While in theory, all three (or six) of the O-1B requirements are given equal weight, many USCIS examiners tend to make decisions and issue Requests for Evidence ("RFE's) or denial notices based on their view as to whether the O-1 candidate has met the first of the above listed requirements.

Suppose, for example, that you are seeking O-1B approval as a dancer, and that your resume shows a long list of dance performances. However, your performances may not count toward your O-1B approval unless you can show that a) you performed in a lead or starring role, b) that the dance company you were performing for had a "distinguished" reputation and c) that in O-1B status, you will continue to perform in such as role for a company with such a reputation.

In a sense, the battle for O-1B visa approval often depends on the reputation of the companies or organizations that the O-1B candidate has worked for, and will work for in O=1B status, rather than on just her or his own talents and accomplishments.

With regard to the second standard listed above for O-1B extraordinary ability, no matter how impressive an article may have appeared about the person in a "major" newspaper or online publication, a typical O-1B examiner will only check the publication's circulation figures without taking into account any other evidence of distinction.

With regard to the third major requirement for O-1B approval, namely expert recommendation letters, their effectiveness depends in large part on the details of their description of the O-1B candidate's accomplishments and what makes her or him superior to others in the same field. Merely having a large volume of recommendation letters saying that the O-1 candidate is "superior". "one of the best" or "a good team player" will not normally carry much weight with an O-1B examiner.

Now let us assume that you have been successful with your O-1B petition and that it has been approved. How often can you renew your O-1B status, and for how long? Does applying for a green card disqualify you from renewing or extending your O-1B after its expiration date?

The answer is that there is no limit to the number of times you can renew O-1B as long as you are continuing to work in an O-1B capacity. O-1B renewals can be for either one to three years, depending on the circumstances.

And yes, you can continue to renew your O-1B visa status indefinitely even while applying for a green card. USCIS has issued clear guidance confirming this point. Finally as a cautionary point, it is a very wise idea to ask for assistance from an experienced and highly qualified O-1B artist visa lawyer in preparing and filing your case. O-1B artist visas, like virtually all other visas, are full of technicalities which must be dealt with for a successful result.

Roger Algase is a New York based Harvard Law School graduate immigration lawyer who has been successfully representing applicants fmm various aspects of the arts with O-1B visas for more than 25 years. He represents visa clients from every part of the US as well as overseas. He is strongly committed to advocating for and receiving fair and just visa decisions on behalf of his clients. He or his Japanese-speaking assistant can be reached by phone at (212) 724-5643Please mention [Vivinavi] or by email at algaselex@gmail.com

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