I arrived in Los Angeles ready to work on an O-1 only to discover many of the US Film Studios; ABC, Sony, NBC Universal etc. did not accept my visa. I had no choice but to apply immediately for the EB-1 Green Card. What galled me was my attorney that filed my O case knew that actors had issues with the studios on O visas and yet never told me or offered to file the Green Card instead. Actors have had problems on O visas since 2009 and STILL I meet actors that have just arrived in Los Angeles on them with no clue of the problems that render their visa almost useless. Even the theater union Actors Equity has a problem with them!
I’m certain many of the actors coming out here on O visas could qualify for the EB-1 Green Card. I was lucky that I did.
If you were duped into an O visa and now need to apply for the EB-1 – read this US O-1 Visa to EB1 Green Card info here.
PLEASE NOTE: No other occupation is having this issue as far as we are aware. If you have had problems let us know!
Studios will not hire O-1 Visa holders
The restrictions on some O-1B actors are imposed, not by the USCIS, but within the Motion Picture and TV industries. These issues can be avoided – if you are an actor you should be aware of these issues before applying. Many actors are not aware and only find out when they arrive.
The Department of Justice states that no persons cleared for work by the USCIS should be discriminated against due to their non-immigrant status, yet this is not how it works on the ground at the major film/TV studios.
O-1 Actors (with rare exception) are barred from hire by NBCUniversal, Sony, ABC Disney, and Warner Bros, excluding them from a large number of castings. I was told by a Casting Director that if she brought me into audition on my O visa that she would be fired! It was for a French role (I am from France) and it wasn’t even filming on US soil!
Sponsor Problem
The solution: If an employer that doesn’t accept blanket visas wishes to hire you eg. NBCUniversal, they can choose to submit an application for another O-1B for you with them listed as your sponsor. You can have several O visas running concurrently and as you already have a pre-written petition letter ready to go, using the USCIS Premium Processing service can mean you will have a “Project Specific O-1 visa” within 15 days. The in house legal team at the studio will handle all this for you.
Another solution: Perhaps you are to be hired full time by a production company – you have a 3 picture deal – consider the CHANGE OF SPONSOR option.
Another another solution: If you are sponsored by a company apply for another concurrent visa ensuring you choose your sponsor carefully – a manager/agent is best for a “blanket visa”.
**Storytime: The problems came to a head when an NBC cast a British actress on one of their regular prime time TV shows. After the week film shoot the legal team discovered the actresses sponsor was a theater company based out of Hawaii. We all know that you can only work for your Sponsor (read more here) this made her work with them, a wholly different employer and the theater company not in business as an agency or manager, illegal. They had to reshoot the week of TV at the cost of millions. They brought in a full ban on O visa’d actors.
Occupation Type
Please note: CBS and Fox Studios do accept the O-1 visa as long as the actor presents their petition in advance and it clearly lists them as a “Screen Actor” or “MPTV”
**Storytime: A Scottish actor, they were auditioning in the US for film and TV roles on an O-1. She booked a Daytime TV role and arrived at CBS studios at 7am to film and Security wouldn’t let her on the lot and was told that she needed to call the Casting Office. The attorneys had noticed that her visa under ‘Occupation’ listed ‘Theater Actor’ meaning that she was not permitted to work as a ‘Screen Actor’ in the US!
This is an important element for all applicants to note – you will be limited to working within the category of artist you list on your petition – “Stage Actors”, “Theater Actors” or “O-1 Arts” cannot work as “Screen Actors” or “MPTV” – it is imperative that you are aware of this and make sure that your occupation title is universal enough for you to work in the USA.
Motion Picture & Television MPTV
It is taken very seriously. In fact this is why there has been so many issues with the O Visa. This may seem ridiculous – they are in the same field, however, the USCIS treats any field related to Motion Pictures Television applications with more scrutiny, in fact they even ask for a second union/peer consultation letter.
American Equity issue
Another issue facing O-1 Actors that are coming to the US as “Stage Actor” on an O-1 Arts is that they are not permitted to join Actors’ Equity Association, meaning they cannot perform in union-contracted theater productions unless ‘grandfathered’ in. This would mean getting cast in an Off-Broadway show that moves up into a union house on union pay.
The American Guild of Musical Artists (AGMA), American Guild of Variety Artists (AGVA), Guild of Italian American Actors and Screen Actors Guild – American Federation of Television and Radio Artists (SAG-AFTRA) have no issues with artist on O-1 visas.
The USCIS requires that O-1 visas applicants provide a consultation letter of no objection from a union or peer group in your field we ask that if you approach the above unions and avoid American Equity if possible.
Processing speed is a problem
Please note that another issue for O-1 Actors – many roles that you may be cast in have a quick turnaround and the approval time for the O visa can be long – current processing times. You may be forced to use the USCIS Premium Processing service (consider only if you have a strong O-1 case). It is an extra fee but if you are guaranteed to have an answer within 15 days (in our experience most are approved in 1-2 days.)
Consular denial
There are cases of O-1 actors being turned down at their US consulate and embassy interview. This is mostly because most actors are not fully aware of their application and not in a position to argue their case. The US Consular Officer will ask you “What makes you extraordinary? I’ve never heard of you.” You should be prepared to answer these questions and not perturbed by them, have your deal memos ready, your sponsor contract etc. [Read our Consular Interview Advice here]
So why apply for the O-1?
The O-1B Artist Visa is an excellent temporary visa to allow you live and work in the United States and is ideal for the creative artist who wants to trial working in the USA before committing to the EB-1 permanent Green Card. Yes many of the studios don’t take O visa so you should concentrate on working with the studios that do. Commercials and indie projects don’t have particular O visa requirements.
Consider the O-1 as a stepping stone to the EB-1, it is a solid step in the right direction and establishes you in the US ahead of your EB-1 application but note IT IS NOT NECESSARY TO HAVE AN O-1B visa BEFORE APPLYING FOR THE EB-1.
If your intention is to create your own work in the US then the O-1B is ideal. The O-1B can be used to have the time necessary in the US to meet with potential employers and establish your work there.
The O-1B can be used to have the time necessary in the US to meet with potential employers and get your work known – and if an employer that doesn’t accept blanket visas wishes to hire you, they can choose to submit an application for another O-1B for you with them listed as sponsor – the possibilities are endless!
If you encounter any other issues we have left out let us know – it is important that artists are aware. Email here!
Read HOW TO APPLY FOR O1 ARTIST VISA HERE.
FAQ
Is it still worth it getting the O-1 visa as an actor?
Yes. We need you to be aware of the issues. We recommend that you concentrate on working with the studios that will take the blanket O visa. Use the opportunity to concentrate on working on building your contacts and career to apply for the EB-1.
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All articles are written from our experiences and the experiences of our colleagues. These are fantastic visas and we wish to empower others in applying. This information is for general guidance only and shouldn’t be considered legal advice.
If you have any questions or encounter any issues that we have left out let us know – it is important that others are aware. Email here!