Achieving the Artist EB1 Green Card: 2024 Requirements and Application Process

Published by Mei in EB1 Green Card | Updated 2024

We were successful in getting our EB1 green cards. YAY!! Here’s a link to the full process. We go through the requirements of the petition letter here. The key to a successful application though is understanding the criteria. The USCIS devised these requirements for the EB-1A Green Card so they could determine which individuals had extraordinary ability in, not only the arts, but the sciences, education, business, or athletics – this can mean that not all criteria will relate to your profession.

They are designed to ensure that in the USCIS examiners eyes only the most talented and accomplished artists are granted this visa. Because of a court case, Kazarian, they further defined these criteria and set up a 2 step analysis of your application.

This might seem a bit UGH! but it’s their method and formula so we must conform to it. It is a paper heavy application, unfortunately.

The first part of their analysis is to determine whether you meet the base criteria for the EB-1A Green Card. These criteria include:

Demonstrating sustained national or international acclaim through critical reviews, major awards, or other forms of recognition
Having a record of significant achievements in the field
Being recognized as a leader in the field by peers and experts

The second part of their analysis is the “final merits examination.” This is where the USCIS evaluates your career from an overall perspective to see if you are the artist that the United States wants to attract. This includes considering factors such as your potential to make significant contributions to the U.S. economy or culture, your ability to help advance U.S. research or education, and your potential to create jobs in the United States. (Bolded ‘potential’ as what you intend to do adds weight to your application too.)

In order to be successful in your EB-1A Green Card application, it is important to provide evidence that demonstrates that you meet both the base criteria and the “final merits examination.” This evidence should include things like critical reviews, major awards, publications, and testimonials from experts in your field.

How do you judge an artist as having extraordinary ability and worthy of the US EB1 Green Card? The US government judge your application using a two part analysis, the first – do you satisfy the base criteria, and the second – “final merits examination” wherein your career and art are reviewed from an overall perspective to see if you are an artist they want in the USA.

Requirements for the EB1 Artist Green Card

You must prove “extraordinary ability” as an artist – this is the requirement. The USCIS have developed a list of criteria and requirements for you to satisfy in order to determine your “extraordinary ability”.

The USCIS have devised these requirements to relate to all professions as this visa is not just for the arts but also for the sciences, education, business, and athletics – this can mean that not all criteria relate to your profession.

They judge your application using a two part analysis, first – do you satisfy the base criteria, and the second – “final merits examination” overall do you seem extraordinary.

The EB1 Green Card is a paper application. Artists that understand these requirements have a better chance of success. We believe it was our interpretations of these criteria and our arguments along with solid evidence that made us successful.

1. Prove you are extraordinary

Prove the criteria for demonstrating extraordinary ability in the arts
Back up the criteria with evidence to support an extraordinary ability claim, including awards, critical reviews, and other documentation

2. National or International Recognition

It is important to prove the “national or international recognition” requirement
Criteria for demonstrating national or international recognition in the arts
Support your national or international recognition claim with evidence including press coverage, exhibitions, and other documentation

3. Beneficiary’s Plan to Continue Work in the Field

Ensure you prove the “continuing work in the field” requirement
Demonstrate your plan to continue working in the arts with evidence including contracts, letters of support, and other documentation

Criteria

It is important to understand that the USCIS officers never look at the quality of your work as a critic. It would save a lot of paper if you could send them links to your portfolio or showreel online, instead they judge your work through the eyes of your peers, recommendation letters, newspaper articles etc. that you present in your case. You present your case in a petition letter backed up with evidence.

The application was shaped by Kazarian who was denied the extraordinary ability Green Card and brought the USCIS to court Kazarian v. USCIS, 596 F.3d 1115 (9 Cir. 2010) to defend his case.

The USCIS used this case to build their Kazarian’s two-step test to:

(A) Determine whether the petitioner has submitted evidence that meets the one major prize or three criteria; and

(B) Determine whether the evidence submitted is sufficient to demonstrate that the beneficiary or self-petitioner meets the required high level of expertise for the extraordinary ability preference category during a final merits determination.

NOTE: The secret to success – understand the criteria.

This assessment is made by examining your body of work as a whole, as well as the prospective work you will create in the United States.

These are comprehensively analyzed here on our site. Also check out the USCIS examiner RFE Template.

ONE-TIME AWARD

Have you won a major internationally recognized award? The awards necessary here are the top awards in each art form; an Oscar, Grammy, Tony, Pulitzer, Nobel Prize etc. If you have, then this accomplishment alone should be sufficient for you to qualify for the EB1 green card. If the award is obscure but very elite this may also be argued as a major award as long as you can show that it is internationally recognized.

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If you haven’t received an award such as this the USCIS require you to satisfy at least 3 of the 10 following criteria. In all cases you must give evidence of the achievement itself and corroborate that evidence with supporting documentation from external sources. Remember you only need to satisfy 3 of these criteria to qualify as an extraordinary ability person as deemed by the USCIS requirements. However in our experience if you have evidence to satisfy 3 you will invariably satisfy five or six.

LESSER AWARDS

Documentation of your receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor. You didn’t win an Oscar but perhaps you won an award in your home country or a festival award etc. Consider local and national government contracts and grants can be considered as awards too.

MEMBERSHIPS

Documentation of your membership in associations in the field for which classification is sought, which requires outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields. If you are a member of an elite association within your field you certainly qualify here. If you can argue that they are prestigious many residencies, organizations and academies count as long as you can prove that they have strict standards for membership. You can include any unions/guilds you may be a member of, however, they are usually seen as part of your occupation to be a member and so membership is not required to be outstanding. The same, too, for film academies such as BAFTA, being outstanding is not always a requirement.

PUBLISHED MATERIAL ABOUT YOU

Published material about you in professional or major trade publications or other major media, relating to your work in the field for which classification is sought. Publicity throughout your career is used by the USCIS not only to fulfill this criteria as a measure of your extraordinary ability but a great way to prove your sustained acclaim. You should also ensure include any radio/TV interviews you have given. If you are applying as someone in the entertainment industry and you don’t have publicity, we strongly recommend you focus on building this criteria, as it can be expected by the USCIS. Submit articles with the title, date, and author of the material.

JUDGE OF OTHERS

Evidence of your participation, either individually or on a panel, as a judge of work of others in the same or an allied field of specialization for which classification is sought. If you sat on an award/college jury or your union’s ‘New Member’ committee, worked as a script reader or festival programmer, whether paid or voluntary, competitive or for critical analysis, all may qualify. This is a fantastic way to prove your merit in your art form – it’s not everyone that is asked to judge their peers it is important that you can prove that your role as a judge is indicative of you being one of that small percentage who have risen to the very top of the field you have been asked to judge.

SIGNIFICANT CONTRIBUTION / INNOVATION

Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field. The focus here is on significance. While most art can be considered an original contribution, the USCIS seeks evidence of its impact on your field. Have you developed a new approach which others now follow, found a new application for that has generated advancement for the field beyond your own career, pioneered a technique or had an influence on related fields?

SCHOLARLY ARTICLES

Evidence of your authorship of scholarly articles in the field, in professional or major trade publications or other major media. Articles should be listed in online scholar libraries or major trade publications specific to your field. Being published in major media rarely qualifies here as scholarly articles are considered to be those written for an audience of educated peers. The articles should be within your art field. The examiner will look to see if that have been cited by others. Perhaps your work is part of a school curriculum.

ARTISTIC EXHIBITIONS OR SHOWCASES

Evidence of the display of your work in the field at artistic exhibitions or showcases. Has your art been exhibited, film screened at a prestigious artistic venue or showcase? This can include film festivals, famous galleries, etc. Cinema and television releases do not count here as they are considered to be commercial exhibitions. Although this criterion appears straightforward in its requirements it is biased toward artists that display work. Performers have more difficulty proving this criteria. Interpretation that this criterion is limited to the visual arts – this has been upheld by a federal district court (case Negro-Plumpe v. Okin, 2:07-CV-820-ECR-RJJ at *1, *7 (D. Nev. Sept. 8, 2008)). Do not be deterred you may still be able to argue this as a performing artist. If you are not in the arts you may still qualify. Check out our further analysis on our site.

LEADING/CRITICAL ROLE

Evidence that you have performed in a leading OR critical role for organizations or establishments that have a distinguished reputation. The equivalent criterion within the O-1 visa application allows for a leading role within a production – your position as director etc is critical to a film – however, for the EB-1, the focus is on your role within an organization. Have you sat the board of your union or any organizations? It is important to note the association’s “distinguished reputation”. This again is not so straight forward for actors. You may have performed a ‘role’ in a film or theater production but how was that influential within the organization or establishment. Also, it is important to note that there is a difference between the definition of ‘leading’ and ‘critical’, your role must be either or. We show you how to relate it to your career [here].

HIGH SALARY

Evidence that you have commanded a high salary or other significantly high remuneration for services, in relation to others in the field. This section requires you do some digging through your governments salary statistics to compare your salary to others working in your field. Though not strictly specified, it is advised that you give evidence that your earnings are continually in the top 10% of your profession. Consider how much others in your field can earn in the USA – your salary might be impressive for your home country and on first look might pass this criteria, however it could lose you the ‘final merits determination’.

COMMERCIAL SUCCESS

Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales. Box office and sales receipts establishing the commercial success of your work. Be careful that you do not submit data that contradicts your claim – if your film takes €1m in box office but your budget is reported elsewhere as €1.2m, then the USCIS will deem the production a failure, so you would need to ensure you have included home entertainment or other revenue streams to prove an overall success.

Continue to work in the field

Even though you must prove that you are coming to the US to continue to work in the area of your expertise the USCIS don’t require you to have an offer of employment or labor certification. This visa is special in that it is self sponsored. You are coming to the US on your extraordinary merit. To show you will substantially benefit prospectively the United States it is wise to have evidence of how you will continue to practice your specialty in the US. There was a case of a concert violinist that submitted evidence of schools that wished to hire her as a tutor in the US but no evidence of her intention to perform – she was denied her Green Card. Demonstrate that you intend to continue working in the area of your extraordinary ability and that your work will continue to the level and above in the future.

National or International Recognition

The USCIS satisfied that you have fulfilled at least 3 criteria will then make their final merits determination. Yes you are extraordinary as determined by the criteria but looking at your career overall are you extraordinary. They will take into account if your evidence shows that you have sustained national OR international acclaim, that your achievements have been recognized in your field of expertise, indicating that you are one of that small percentage who has risen to the very top of your field of endeavor and that that you are coming to the US to continuing to work in the area of your expertise and so your entry into the United States will substantially benefit the United States in the future.

The officer when making with decision applies a preponderance of the evidence standard* when making this determination. *Preponderance of the evidence standard is used in a burden of proof analysis. Under the preponderance standard, the burden of proof is met when the party with the burden convinces the fact finder that there is a greater than 50% chance that the claim is true. In other words, your paper evidence in your application should prove your arguments without a doubt. The officer considers the quality of your evidence eg. whether your judging responsibilities were internal or whether the scholarly articles are cited by others in the field.

Letters of Endorsement

You can bolster many of these requirements with Letters of Endorsement, also known as Testimonies, Letters of Recommendation etc. We go through these more in-depth [here – Recommendation Letters].

IF YOU CAN SATISFY 3 OF THESE CRITERIA, PAINT AN OVERALL POSITIVE IMAGE OF YOUR CAREER SHOWING SUSTAINED ACCLAIM + IF YOU CAN PROVE THAT YOU WILL CONTINUE TO CREATE WORK IN THE US THEN YOU ARE IDEALLY POSITIONED TO QUALIFY AS AN EXTRAORDINARY ABILITY PERSON.

The Application Process for the EB1 Artist Green Card

For the full green card EB1 application process, including forms read here
Overview of the required documentation and evidence.
USCIS RFE Template – goldmine of information and perspective.
Working with an experienced immigration attorney
Check out the timelines for EB1 green cards and potential delays here

Hints and Tips

Each of these criteria should be argued separately in your petition letter – read our 28 Reasons for Rejection/Denials.

Look at your application as a legal argument. Most artists, scientists, business people, educators and athletes are well suited to writing their own petition letters as sometimes it is difficult to fully convey the importance of what they do to an attorney. Also many are used to filing grant applications or writing thesis. Your application is just like that.

The arts are abstract and subjective so it can be difficult to determine what will and will not qualify as extraordinary, however, the USCIS have designed these criteria to cover every case. Knowing the criteria allows you to focus on getting your case ready to file or work toward an application in the near future. Read How to get your Career Visa Ready for inspiration.

Now you understand the EB1 artist green card requirements. You should read the steps that are required to apply in our full EB-1 Green Card application process document.

The artist EB1 green card is excellent. Mei just renewed hers. My life changed when I got mine.

If you can prove 3 of these criteria you could be qualified as an artist of extraordinary ability. If you are not ready to pursue the EB1 artist green card use the criteria as career building blocks.

This application is a lot of work. We will do our best to give you all the information you need on our site. If you feel you need an attorney read our Attorney Guide here. If you would like to use a guide service we recommend using GreenCard.Guide (read our review here and use our discount code.) There are other online guides and we will review them soon.

Our exploration of these criteria from the athlete, scientist, business person and educator perspectives are further analyzed in our articles.

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Overview of the EB1 Green Card Category for Artists

The EB1 green card category for artists is a subcategory of the EB1 visa, which is also known as the “employment-based first preference” visa. This visa category is reserved for individuals who demonstrate extraordinary ability in their field, and it is designed for those who have achieved national or international recognition for their work.

The EB1 green card for artists is specifically tailored to individuals in the arts, including visual artists, performers, musicians, and others. To be eligible for an EB1 artist green card, an individual must demonstrate extraordinary ability in their field of art, as well as national or international recognition for their work. They must also demonstrate that they plan to continue working in their field in the United States.

Benefits of the EB1 visa?

The EB1 artist green card offers a number of benefits, including a relatively fast processing time and a direct path to permanent residency, citizenship, of the United States. Additionally, unlike other artist visa categories such as O and P visas, the EB1 green card does not require a sponsor or employer, which can be beneficial for self-employed artists. Actors specifically have had issues on O visas, explained here, getting a green card means they are not discriminated against by the studios and networks.

Overall, the EB1 green card category for artists is an excellent option for accomplished individuals in the arts who wish to live and work in the United States.

Read the difference between an EB1 green card and an O or P visas for artists here.

What artists can apply?

Qualifying artists for the EB1 green card include individuals who have achieved national or international recognition in their field of art. This recognition may come in the form of awards, critical acclaim, media coverage, exhibitions, performances, or other types of recognition.

Some examples of qualifying artists for the EB1 green card might include:

Visual artists: painters, sculptors, photographers, mixed media artists, installation artists, and others who have achieved significant recognition for their work. This might include artists who have had solo exhibitions, been featured in prominent art publications, or received prestigious awards or grants.
Performers: actors, dancers, and other performers who have achieved recognition for their work on stage or screen. This might include performers who have received critical acclaim for their performances, won awards, or been featured in major productions.
Musicians: instrumentalists, singers, composers, conductors and other musicians who have achieved recognition for their work. This might include musicians who have won major awards, performed at prestigious venues or festivals, or been featured in prominent recordings.
Other artists: writers, poets, filmmakers, designers, YouTubers, tattoo artists, interior designers, DJs and other artists who have achieved significant recognition for their work. This might include individuals who have won major literary awards, had their films shown at prestigious festivals, or been featured in major design publications.

Each artist’s case is unique, and the criteria for the EB1 green card can be somewhat subjective. Therefore, it’s important to understand the requirements to determine whether you qualify for the EB1 artist green card. You might choose to use an Attorney or use a self-filing guide.

There are very many differences between the EB1 green card vs the other artist visa categories, such as the O and P visas. We list the differences including Eligibility Requirements, Sponsorship Requirements, Processing Time, Duration of Stay and Renewal Requirements and there are many benefits of the EB1 green card over other artist visas too. We go through them all here.

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 .

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!

FAQ

What is an EB1 visa?

Do I need to apply under all 10 criteria?

No. You only need to satisfy 3 criteria, however, most end up satisfying and applying for 4 – 6. It is unwise to aim to satisfy all 10. Weaker criteria might detract from the overall application affecting the ‘final merits determination’ – we talk more on this [here]. You need to make it easy for the examiner to approve you so keep your application succinct.

So what evidence do I need?

[Evidence Best Practices] we fully explore each ‘plain text’ requirement. We show the necessary evidence needed. In Step Two ‘Petition Letter’ we show various ways to phrase your achievements for each criterion along with 2 petition letters. Plus we provide Recommendation Letter examples to help you back up the claims. [More here.]

What forms do I need to fill?

That’s a secret. (JOKE!) We go through all the forms here. [Have a read.] Download the forms and fill them out. It will help you see that it’s not a terrifying application at all.

Can I apply for an EB1 visa without an attorney? Can I DIY this?

You certainly can. We did. This is a self sponsor application and we feel artists are well suited to writing their own petition letters as sometimes it is difficult to fully convey the importance of what they do to an attorney. It’s similar to applying for a grant. You got this. If you need a guide read our review of ArtistGreenCard.com

How much does it cost to apply for an EB1 visa

The costs can vary – starts at $700 (2024) [read our breakdown here.]

How long does it take to obtain an EB1 visa?

The processing time for the EB1 green card can vary, but it is generally faster than other green card categories. Read processing times here.

Can I apply for an EB1 visa if I am not currently living in the United States?

Yes. Have a read of our Process document here. You will go through what’s known as [Consular Processing – check it out here].

I'm in an industry that is not really covered by these criteria, what do I do?

If the criteria don’t immediately apply to you and your field or if you believe your situation to be unique you may submit comparable evidence to establish your eligibility. Firstly, you explain how the criteria don’t apply. When submitting comparable evidence, it is because the criterion as it stands does not apply to you. If you can submit some evidence to a criterion, then USCIS may deem that criterion applicable to you and so any comparable evidence will be inadmissible – you will then have failed to meet the requirements with your regular evidence. Perhaps you are a singing coach and your protégé won a Grammy – you may still qualify – you personally didn’t win but it was your knowledge that helped them win. More in our discussion on [Comparable Evidence].

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.