There are different categories of visas and pathways to permanent residence in the United States for talented individuals and groups of international recognition. Attorney Eva Golinger's more than two decades of experience in entertainment immigration can assist you in all of these matters and help determine which category best fits your talents and objectives.
The Art of Immigration presents:
The O-1 Visa for the Artistic and Talented
Attorney Eva Golinger has represented award-winning artists and creative professionals for over twenty (20) years with demonstrated success, and her specialty is obtaining the O-1 visa for our talented clients from around the world. The O-1 Visa is a nonimmigrant temporary work visa for individuals of proven extraordinary ability in their field. The O-1B visa is for artists who have proven success and achievement in theatrical arts, filmmaking, design, acting, music, production, costume & makeup design, performing, singing, composing, photography, visual arts, graphic design, architecture, interior design, modeling, fashion, culinary arts and other creative professions. The O-1A visa is for talented individuals who excel in business, management, academia, science, athletics and other entrepreneurial professions. While both the O-1A and O-1B visas require outstanding achievement and international recognition, the requirements for each visa type vary. Eva will review and evaluate your credentials and determine which visa is the right one for you to pursue.
What you need to show
In order to qualify for the O-1 visa, Artists and Creatives Professionals must have a level of prominence in their field that can be demonstrated through documentary evidence, such as important awards and recognitions, press reviews and publications, participation in important performances and events, commercial successes, exhibitions, recommendation letters and other achievements. Eva helps you prepare the best presentation of your experience, accomplishments and qualifications in order to obtain a favorable result.
How long does the O-1 Visa last?
The O-1 Visa can be obtained for up to three years, and then renewed for additional 3 year periods, so long as the artist can provide evidence of ongoing work and engagements throughout that time period. There is no limit on how many times or years you can obtain an O-1 Visa.
Petitioners and Sponsors for the O-1 Visa
As an artist, you may not have a ‘traditional’ employer. While you cannot ‘self-petition’ for the O-1 Visa, you can work ‘freelance’ in the United States if you have a Petitioner, or sponsor, who is a U.S.-based agent (artist manager, talent agency, booking agency, production company, record label, etc). And of course an employer can also be the Petitioner for an O-1 artist visa. Eva helps guide you through every step in this process and ensures you have the proper ‘work agenda/itinerary’ and contracts that are required for the Petitioner-Artist relationship.
O-2 and O-3 Visas for Support Staff and Family Members
The essential support staff or personnel working directly with an O-1 artist for over a one year period can also qualify for the O-2 visa. The support staff will need to show their ongoing working relationship with the O-1 artist, as well as their essential role in support of the O-1 artist’s performance or creative work, through photographs, contracts, credits, testimonial letters and other documentary evidence. O-2 Visas can be obtained for the musicians, technicians, engineers, production staff and managers working with an O-1 singer or performer, or the makeup and costume artists working with an O-1 filmmaker. There are many professions that qualify for the O-2 visa and we can evaluate your needs and determine the best visas for your team. Additionally, the spouses and children of O-1 visa holders can also receive an O-3 visa in order to accompany their family member while working in the United States. This is a simple process that Eva will guide you through so your family and loved ones are with you throughout your stay in the United States on an O-1 Visa.
The Art of Immigration presents:
The P-1 Visa for International Musical Groups
Attorney Eva Golinger has successfully represented Grammy Award-winning musical groups throughout Latin America and the world for over 20 years. She will assess your band’s qualifications and work with you to obtain the required P-1 visas for your upcoming concert tours, presentations, events and musical projects in the United States. The P-1 Visa is a nonimmigrant temporary work visa for musical groups with international recognition. The P-1B visa is for the musicians in the band and the P-1S visa is for the support staff, such as technicians, sound engineers, managers and the production team. All musicians are included in one visa petition, for one fee, and all staff are included in one visa petition, for one fee. Eva will evaluate your band’s status and level of recognition and determine if you can apply for the P-1 Visa..
What you need to qualify for the P-1 Visa for Musical Groups
In order to qualify for the P-1 visa, musical groups and bands must have a level of national or international as a successful musical group performing together for at least one year, that can be demonstrated through documentary evidence, such as awards and recognitions, press reviews, participation in important performances and events, commercial successes, recommendation letters and other achievements. Eva works with you to help you prepare the best presentation of your experience, accomplishments and qualifications in order to obtain a favorable result.
How long does the P-1 Visa last?
The P-1 Visa can be obtained for up to one year at a time, and then renewed for additional one year periods, so long as the band can provide evidence of ongoing work and engagements throughout that time period. There is no limit on how many times or years you can obtain an P-1 Visa.
Petitioners and Sponsors for the P-1 Visa
As a musical group, you may not have a ‘traditional’ employer. While you cannot ‘self-petition’ for the P-1 Visa, you can perform with many different ‘employers’ in the United States if you have a Petitioner, or sponsor, who is a U.S.-based agent (artist manager, talent agency, booking agency, production company, record label, etc). Eva will help guide you in this process and ensure you have the proper ‘work agenda/itinerary’ and contracts that are required for the Petitioner-Artist relationship.
P-1S Visas for Support Staff and P-4 Visas for Family Members
The essential support staff or personnel working directly with P-1 musical group for over a one year period can also qualify for the P-1S visa. We know that many bands travel with their own sound engineers, stage designers, road and tour managers and production staff. They can all qualify for the P-1S visa to accompany the musicians on tour in the United States. The support staff will need to demonstrate their ongoing working relationship with the P-1 band, as well as their essential role in support of the P-1 band’s performances and concert tours. Additionally, the spouses and children of P-1 visa holders can also receive an P-4 visa in order to accompany their family members while on tour or performing in the United States.
EB-1A Green Card/Immigrant Petition for Permanent Residence in the US - as Extraordinary Artist
Artists of high achievement in their field can “self-petition” for US Permanent Residence based on their proven talents, success in their field and ongoing work in the United States, by qualifying for the “extraordinary ability” immigrant visa category (“EB-1”). Artists can also be 'sponsored' for a green card by an employer, agent, manager, production company or other US entity. While the requirements for this process are much higher than for the O-1B Visa, for those artists of documented extraordinary achievement with current or prospective work offers in their area (film, television, music, visual arts, graphic arts, photography, dance, etc) who wish to pursue multiple professional work engagements in the US over the next few years without being tied to one employer, this may be an appropriate pathway to facilitating long-term residence and career growth. Attorney Eva Golinger will review your credentials and portfolio to determine if you qualify for the EB-1A Green Card and will help start you on this process when you are ready.