Visa for Talented: USCIS Explained How to Prove Your Exclusivity and Immigration Eligibility

The United States Citizenship and Immigration Services (USCIS) has released updated guidance on how the agency assesses eligibility for an O-1B visa for individuals of extraordinary ability in the arts and the film or television industry. This is stated in press release departments.

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Updates include examples of how a person can prove their extraordinary abilities, as well as how the department will evaluate this evidence.

The proposed table will assist applicants in providing appropriate evidence of eligibility.

In support of the O-1B petition for a nonimmigrant worker (Form I-129), the petitioner must prove that the beneficiary:

• has outstanding abilities in the arts that have received national or international recognition;
• has achievements that have been recognized in this area, and supporting documentation;
• suitable for work in the direction of extraordinary abilities (but it is not necessary to hire an employee with extraordinary abilities for this position).

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O-1B

For artists, the applicant must provide an advisory opinion from an American "group of peers" in the area of ​​the beneficiary's capabilities (this may be a trade union organization) or individuals with experience in this field of activity.

For the film and television industry, the applicant must provide advisory opinions from both the trade union representing the beneficiary's professional colleagues and the administering organization in his area of ​​opportunity.

The table of contents should describe the person's abilities and accomplishments in their field of work, describe the nature of the duties to be performed, and indicate whether the position requires the services of a person of extraordinary ability.

If the advisory opinion is not favorable to the applicant, it must set out a specific statement of facts supporting the conclusion reached in the opinion.

If the applicant determines that there is no suitable group of colleagues, including a labor organization, USCIS will make a decision on its own.

Evidence

The applicant must attach the following to the application:

• evidence specific to the particular classification requested;
• copies of any written agreements between the applicant and the beneficiary or, if there is no written agreement, a summary of the terms of the oral agreement under which the beneficiary will be hired;
• an explanation of the nature of the events or activities, the start and end dates of the events or activities, and a copy of any itinerary of the events or activities;
• a written advisory opinion from the relevant consulting organization or several organizations.

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The evidence submitted with the application must be in accordance with the following:

• affidavits, contracts, awards and similar documentation must reflect the nature of the beneficiary's accomplishments and be in the form of an officer or responsible person employed by the institution, firm, institution or organization where the work was performed;
• affidavits written by current or former employers or recognized experts certifying recognition and outstanding ability or outstanding achievement of the beneficiary must specifically describe the recognition and ability or achievement of the beneficiary in factual terms.

The petitioner may submit a legible photocopy of the document in support of the petition in lieu of the original. However, at the request of USCIS, you must provide the original document.

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