Artists of Extraordinary Ability (O-1 and EB-1)

U.S. immigration laws provide a temporary (O-1) and permanent residence (EB-1) category for “extraordinary” artists. Although having a Grammy or another major award can be a hands-down qualifier, artists can qualify for O-1 and EB-1 based on other types of significant achievements and recognition. The O-1 can be granted initially for up to three years, and extensions are permitted. Although the O-1 criteria are similar to the EB-1 criteria for permanent residence, the overall standard of EB-1 is considerably higher. Essential supporting staff may qualify for O-2 classification.

Internationally Recognized Performing Groups (P-1) 

Performing groups that are internationally recognized in more than one country may qualify for P-1 status. This category typically includes foreign bands, but can also cover individual foreign musicians to join and tour with a U.S.-based band. This visa category is granted in one-year increments. Essential support personnel, such as an artist manager or other essential support personnel, may be eligible for P-1S classification.

Reciprocal Exchange Performers (P-2) 

There are certain organizations that have negotiated reciprocal agreements across their foreign-based members. For example, the Canadian Federation of Musicians has an agreement with the U.S. counterpart, the American Federation of Musicians. This agreement allows Canadian members to seek P-2 status for one-year increments. This is a great option for Canadian performing artists who might not yet qualify for O-1 or P-1. There are also several other reciprocal agreements listed on the USCIS website.

Immigration Options for Audio Engineers, Producers, Technical Personnel, Management, and Other Personnel 

In the O-1 context, the term “artist” is defined broadly as “any field of creative activity or endeavor” and include more than simply the principal creators or performers. For accomplished audio engineers, producers, and other personnel who have significant accomplishments, O-1 and EB-1 can be potential options.

For others who may not meet those standards, an essential support category, such as O-2 or P-1S, could be an option if the work is tied to an O-1 artist or P-1 performing group. There may even be other options. Some occupations, such as Music Directors and Composers or Producers may normally require a bachelor’s degree in a specific field, which can open the door for H-1B classification if the individual has a college degree or its equivalent through experience. H-1B classification, however, requires an “employer-employee” relationship. The H-1B program requires the employer to cover the costs and pay the prevailing wage or actual wage, whichever is higher. These requirements may not be practical for those seeking self-employment. When H-1B doesn’t work, TN classification (under the USMCA) may offer alternatives for technical and management personnel from Canada and Mexico.

Culturally Unique Visas (P-3 and Q) 

“Culturally unique” groups may qualify for P-3 visa status. This category requires evidence, in the form of expert letters and published reviews, that the group is culturally unique and is coming to the United States to perform for culturally unique events. Culturally unique includes a performance art form unique to a particular country, ethnicity, tribe, or other cultural subgroup. A traditional dance troupe from Bali is a good example of a culturally unique group that might qualify for a P-3 visa.

An alternative to the P-3 is the Q visa. This visa (once known as the “Disney visa”) was created to promote artistic cultural exchange. Artists who will demonstrate and teach their unique art form in public settings may qualify for Q visa status. The cultural exchange venue or program must be designed to exhibit or explain the customs, history, or traditions of the artist’s home country. An African musician who would perform at a cultural community center would be a good candidate for a Q visa.

If you have any questions regarding these categories, please contact us.

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L-1 visas: A “qualifying corporate relationship” is required to transfer certain workers from a parent, subsidiary, affiliate, or branch office abroad. The worker must have been employed abroad for at least one year. These visas are reserved for managers, executives, and workers with specialized knowledge. This is a temporary visa, issued for up to five to seven years.

E-1 and E-2 visas: Corporations and individuals from a country that has a treaty with the United States might qualify to send workers to the U.S. on the E-1 or E-2 visa. These visas are reserved for the investor him or herself, as well as managers, executives, and essential skills workers. The worker must be from a country that has the treaty with the U.S. For the E-1, the company in the U.S. must engage in substantial trade with the foreign country. For the E-2, there must be a substantial investment from the designated country abroad. These are temporary visas issued in five year increments, as long as the substantial trade or substantial investment continues to exist. Some people refer to the E visa as “the next best thing to a green card.”

Permanent Residence for Multinational Transferees: Most managers and executives who qualified for the L-1 visa (described above) will qualify for the permanent residence classification known as EB-1. This is reserved for managers and executives who worked abroad for at least one year as a manager or executive and who will fill a position in the United States as a manager or executive for a related corporation.

The Rose Immigration Law Firm recognizes for our corporate clients that time is money. Therefore, we evaluate every multinational transferee case for eligibility for a Blanket L-1 Petition. Once a company has been approved for a Blanket L-1, the processing time to qualify a worker and obtain the L-1 visa is shortened significantly. Sometimes we can successfully have a worker transferred to the U.S. within one week’s time. Likewise, for our clients using the E visa, we will assist the company to register for E-2 status with the visa-issuing consulate abroad. This saves considerable time in the application process.

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H-1B and Other Visas: Most programmer analysts, systems analysts, software engineers, and technical support specialists qualify for H-1B. However, when H-1Bs are in short supply, or the foreign IT specialist does not qualify for H-1B, the attorneys at Rose Immigration Law Firm will automatically evaluate other visa options. For example, Australians might qualify for E-3 status; Mexicans and Canadians might meet the TN (NAFTA) requirements. We have even done O-1 extraordinary ability petitions for some IT specialists.

We know that with the IT industry, more than any other, time is of the essence. We give these cases top priority so that an employer does not lose a good candidate or the project where candidates are to be placed.

Permanent Residence: Many computer professionals fall within the EB-3 category for permanent residence. EB-3, unfortunately, always requires a labor certification, which involves an extensive government review process to confirm that there are no qualified U.S. workers available to fill the position.

Given the periodic visa backlog for countries such as India and China and the unpredictability of the potential visa backlog for other countries, we assist clients in the computer industry to identify the visa classifications that will avoid the backlog and allow the computer specialist to get down to the business of designing software and computer systems as soon as possible.

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H-1B and O-1 Status: University professors and researchers at medical schools and teaching hospitals do not face the certification difficulties of health care workers. No special certification is required, so most medical researchers can easily qualify for H-1B or O-1 visas. And fortunately, the university professors are not subject to the H-1B numerical limitation.

Permanent Residence: For permanent residence, we find that most health and biomedical researchers can qualify for the National Interest Waiver or Extraordinary Ability category. Professors, likewise, can qualify for the Outstanding Professor or Extraordinary Ability category. Sometimes we will use the national interest waiver for certain researchers or professors.

Our clients include some of the world’s best AIDS researchers, cancer researchers, physicists, mathematicians, and chemical engineers, just to name a few. We have also taken this work into more creative areas of research such as super-parallel computing.

The staff at Rose Immigration Law Firm agrees that it is in our national interest to encourage the world’s best professors and researchers to bring their special skills and brainpower to the United States.

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Nashville has the most churches per capita in the United States, with more than 700 congregations in Davidson County alone. Home to numerous seminaries, colleges, and schools with religious affiliations, Nashville is also the largest center of religious publishing in the nation. We represent numerous religious organizations, not only in Nashville, but across the Southeast United States.

The immigration laws provide visa classifications for religious ministers and workers on both a temporary and permanent basis. Temporary religious workers are covered by the “R” nonimmigrant category, while permanent religious workers are afforded “special immigrant” status.” These temporary and permanent categories allow individuals engaged in a broad range of religious occupations to enter the U.S. to perform services related to their religious calling or vocation. Only tax-exempt religious organizations qualify to sponsor visas for religious ministers and other religious workers.

R-1 Religious Ministers and Workers: To sponsor a religious minister or worker under the temporary category known as R-1, the religious organization begins by filing an employer petition with the U.S. Citizenship and Immigration Service (USCIS). USCIS will first conduct a site investigation of the religious organization. Once that is complete, USCIS will adjudicate the petition.

To be eligible for this classification, the foreign national must have been a member of the sponsoring religious denomination or organization for the two years immediately preceding the time of application for admission, and intend to come to the U.S. solely for the purpose of carrying on the religious work.

Permanent Religious Ministers and Workers: Permanent residence for religious ministers and workers (also known as “special immigrant status”) follows a similar procedure. The religious organization files a petition and USCIS conducts a site investigation. Eligibility for special immigrant status requires the religious minister and worker to meet the same requirements for temporary status, as well as fulfill an additional requirement, namely, that he or she has been working in the religious occupation for at least two years prior to the filing of the petition.

Once the petition is approved, the worker then applies for issuance of the immigrant visa. If the worker is in the U.S., he/she typically will apply for “adjustment of status.” This process takes about one to two years before her permanent residence is approved. But the religious worker will be granted work and travel authorization, which takes approximately three months to receive. If the religious worker is abroad, he/she typically files an application at the U.S. consulate in his/her home country. It usually takes the U.S. consulate about six months to review the paper work, interview the worker, and issue the visa.

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Certification for Health Care Workers: In addition to the requisite state licensing, health care workers, such as nurses, physical therapists, occupational therapists, and medical technologists, must possess special immigration certification known as “VisaScreen.”

H-1B and TN Status: Physical therapists, occupational therapists, health technicians, and other similar workers can qualify for H-1B visas. If the health care worker is from Canada or Mexico, he or she might qualify for TN status.

Registered Nurses: Temporary visa options for registered nurses are limited. Registered nurses from Canada or Mexico can qualify for TN status under the North American Free Trade Agreement. Registered nurses who will work in federally-designated medically underserved areas can qualify for H-1C status.

Permanent Residence: The good news for registered nurses and physical therapists is that they are considered “pre-certified” so that the labor certification recruitment procedures are waived under a special regulation referred to as “Schedule A.” There is also good news for physicians who will work in federally-designated medically underserved areas or V.A. hospitals. Such physicians might qualify for a “national interest waiver” whereby the physician can self-petition for a permanent residence classification without first obtaining labor certification.

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