I have often been asked by singers, entertainers and other stage performers whether or not they can obtain a visa to the US based on their skills and talents. The O-1 visa is granted to talented individuals, including artists and entertainers, athletes, doctors, professors and even businessmen, who can demonstrate recognition for their achievements in the field of their expertise.

The O-1 nonimmigrant visa classification is designed for individuals having extraordinary ability in the arts, athletics, sciences education or business, who are coming to the United States temporarily to perform services for a U.S. employer in their area of expertise. While the O-1 category clearly extends to many fields of endeavor, it is most commonly sought by individual aliens having extraordinary ability in the arts. The reason for this is that individuals in science, education, business, and athletics will often qualify more readily under other visa categories. For example, individuals in science and education may qualify as specialty workers under H-1B or as exchange visitors under the J-1, while individuals in business may qualify as intra-company transferees under L-1, or treaty traders and investors under E-1/E-2 classifications. Similarly, athletes may also qualify under the P-1 category, which includes "internationally recognized" athletes competing individually or as part of a team. Entertainers who are members of internationally recognized entertainment groups also qualify under P-1, although the O-1 standard for artists (other than those in motion picture or television for whom the standard is much higher) is roughly the same as that used in P-1 cases.

The USCIS interprets the field of arts broadly to encompass many fields of creative endeavor. For example, chefs, visual artists, performing artists, photographers, and others can all obtain O-1 visas. To qualify as an alien of extraordinary ability in the arts, the artist (other than those in the motion picture or television field) must be recognized as being prominent, leading or well-known in his or her field of endeavor. He or she does not have to be at the very top of their field, but rather only substantially above that ordinarily encountered. For artists and entertainers entering in connection with motion picture or television productions, a much higher standard of "extraordinary achievement" applies.

To qualify as an alien of extraordinary ability in the arts, it must be shown that the artist either has been nominated for or received significant national awards or prizes in the particular field, or can demonstrate at least three of the following:

To apply for an O-1 visa a US employer is required to file the petition on behalf of the applicant. Individuals who work in professions where self-employment is common or where agents are normally used to arrange short term employment may file applications with an agent as the petitioner. O-1 petitions must include a written advisory opinion from an appropriate union, if one exists, describing the individual's ability and achievements in the field and the duties to be performed. If no union exists, the petition may include non-union opinions from a peer group or other expert source. The consultation requirement is seldom difficult to meet provided that sufficient notice is given to the union or management organization.

With all of the above in mind, the O-1 visa still remains one of the most desirable nonimmigrant categories, especially for artists and entertainers. The O-1 visa can be initially issued for up to three years and may be renewed indefinitely in one-year increments as long as an alien continues to work in his or her field of extraordinary ability and has a willing petitioner (employer or agent) in the United States. Also, unlike other temporary visa categories, the O-1 has no annual limits per fiscal year. Applicants can elect to have their petitions adjudicated in less than fifteen days with a $1000 expedited processing fee to facilitate and expedite entry into the US. Essential support personnel seeking admission to accompany and assist the O-1 artist in the artistic performance may be granted O-2 visas, and the spouse and unmarried children under the age of twenty-one may apply for O-3 visa status in order to accompany the O-1 visa holder to the US.