17 Must-Knows for Getting Your Artist O-1 Visa: 2024

O-1

This US artist visa, known as the O-1 nonimmigrant visa, is for the individual who possesses extraordinary ability in the arts, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry (MPTV) and has been recognized nationally or internationally for those achievements. [More on the difference between extraordinary ability vs extraordinary achievement]

The maximum amount of time allowed in the O-1 visa initial period of stay is 3 years. You can apply for extensions under the same sponsor of up to 1 year per extension. 

To judge that you are extraordinary the USCIS have devised a list of criteria for your to submit under. You should qualify in 3 criteria – check out the [requirements here].

The USCIS also require ‘consultation letters’ or ‘no objection’ letters [Read more here] These letters must come from an affiliated U.S. peer group, labor, and/or management organization. If there is no such group related to your particular field, don’t panic, this letter can include a person or persons with expertise in your field. Arts applicants require ONE letter and MPTV applicants require TWO – eg. an ARTS O-1 Music Librarian applicant might get ONE consultation letter from the American Federation of Musicians (AFM) and an MPTV O1-B actor TWO – a letter from Screen Actors Guild/American Federation of Television Radio Artists (SAG-AFTRA) and from perhaps the American Guild of Musical Artists (AGMA).

As with most employment-based visas, a Sponsor is required.

Sponsor

Choosing the right sponsor is imperative. The O visa is a “sponsored” visa, meaning you need a representative in the USA eg. a manager, agent or company to sponsor you. You can change your sponsor if you need to at any time. A change of sponsor application can afford you up to another 3 years. You can also have several O visas at the same time. Concurrent visas can be with different sponsors. You are only permitted to work for your sponsor, hence why a manager or agent is best  – as they can loan you out to other employers. This is known as a ‘blanket visa’.

The USCIS allow petitioners to be a U.S. employer, a U.S. agent, or a foreign employer (through a U.S. agent). This relationship should be contracted and your sponsor will need to sign all submitted paperwork. While you may not “self-petition” on the O-1, a separate legal entity owned by you may be eligible to file a petition on your behalf (also consider the [EB-1 extraordinary ability immigrant visa).

If you are sponsored by a company YOU MAY ONLY LEGALLY WORK FOR THEM. This can be known as a Single Project O-1 Visa. Many artists use this visa type for each individual project. If you are applying for this type an Itinerary is not necessary.

Many artists use the single Project O-1 visa in order to work in the USA to see if it is somewhere they would be happy to work and live before committing to a 3 year blanket O visa or upgrading to the EB-1 green card. For example, you could be hired by Nickelodeon production on a single show, while working there you could meet a manager that would like to work with you. You can then submit a separate visa application with that manager as your sponsor or apply for a ‘Change of Sponsor’. This will allow you to work with many employers.

Have a read of our Sponsor information here.

Time Allowed

To ensure you have the maximum time possible on your visa, you will supply work contract/s across a 3 year span. You must show proof of upcoming US work for a legitimate company/companies within your field. If you intend to work in more than one company these contracts become your ‘Itinerary’.

Please note the amount of time allotted to your visa is entirely up to the discretion of your immigration examiner you may not be awarded the full 3 years. This may also be changed from the approved time amount by Custom and Border Patrol. Ensure you check the end date given by your gate officer when entering the USA. You should have your evidence with you to show your contract dates and itinerary.

An ‘extension of stay’ with the same Sponsor may be applied for in increments of up to one year thereafter.

Also, if you end up not working as often as you planned in the US and have booked a gig abroad you can enter and exit the USA as often as you wish.

Check the costs of applying O-1 – Temporary Artist Visa here

Processing Times

Through ordinary processing it can take as long as 3 months even 4 months! Check here for Processing Times. Premium Processing is available for an answer within 15 days. From approval it can take a week to organize your consulate/embassy meeting and another week for your passport to arrive with your visa inserted. These times are general approximations post-Covid.

If I get this visa can I work anywhere in the US?

Yes! This is a visa that is valid for all of the USA as long as you are working within your field and your sponsor. If this is your intention it is best that you are sponsored by an agent or a manager. You may add additional performances or engagements during the your valid O visa stay without filing an amended petition to the USCIS, as long as they are in the same O-1 caliber.

If it is your intention to work in several areas you will be required to provide an [Itinerary] along with your application.

Can I do any work?

The occupation listed on the O visa can be restrictive. You are only legally permitted to accept work under the occupation you choose on your form. This is incredibly important especially if you are working in film. Z had issues with this as an actor. He was never told by his attorney that he could have gone straight for the EB1. When he mentioned to his attorney that he was having problems being hired on his O visa his attorney responded “Yeah, that is a problem. You totally qualify for the EB1 Green Card if you want to go for it?” We heard of an actor auditioning in the US for film and TV roles from Scotland. She booked a TV role and filmed it. The studio attorneys noticed that her visa under ‘Sponsor’ was a theater company meaning that she could not legally work as a screen actor for them – she could only work for the theater company. It was deemed that she was hired illegally, obviously this is taken very seriously. They had to completely reshoot the episode costing them a fortune. This is one of the reasons why there has been problems with the O Visa for actors! [Read our Actor Issues article here.]

Can I bring my family?

The other major benefit of this visa is you can bring your spouse and children. They will come to the US on the restrictive O-3. Spouse and children may study but may not work on this status.

Can I bring my DOP/Make-Up Artist/Assistant etc?

This visa allows allows you to apply to bring a support person on an O-2 – they may only work for you on this status. (Manager/agent/trainer/makeup artist/translator).

Who can apply?

The USCIS define applicants for this visa as: fine arts, visual arts, culinary arts, performing arts also aliens engaged in the field of arts include not only the principal creators and performers but other essential persons such as, but not limited to, directors, set designers, lighting designers, sound designers, choreographers, choreologists, conductors, orchestrators, coaches, arrangers, musical supervisors, costume designers, makeup artists, flight masters, stage technicians, and animal trainers.

The contributors to this site are a cruise ship pianist, actor/filmmaker, signer/songwriter, fine arts sculptor and we know opera singers, fashion designers, conductors, painters, models, tattoo artists, a pantomime writer, a DJ, circus performers, YouTubers, VFX, stunts, chefs and others working in the USA on the O1-B visa!

The O-1 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 test the American market out before committing to the EB-1 permanent green card (remember it is not necessary for you to have an O-1 before applying for the EB-1).

Can I really do this application myself?

Of course! Here is our [US O-1 Artist Visa Process Instructions ebook] on how. Have a read too of our [ArtistGreenCard.com guide review]. Using an attorney is not a requirement of the USCIS. You are permitted to self submit. The USCIS forms are free and available on their website. Have a read of our [Attorney Guide here].

Is the EB-1 Green Card application the same as the O-1 Visa?

No. There is a higher standard of extraordinary ability/achievement necessary for approval of an EB-1 green card application than an O-1. Read here how to ‘upgrade’.

The O-1 application does requires more documents to be included in the application: you must supply a sponsor contract, itinerary, consultations etc. These visas should be treated as completely separate applications. There may be more documents in an O visa application but an EB-1 application is adjudicated with higher level of scrutiny.

The O-1 and EB-1 criteria are similar but there are discrepancies in what is known as the ‘plain text interpretation’. It is very important that you understand the current interpretations of the criteria for each visa to avoid denial or an RFE (Request for Evidence).

Why don’t you message us with your story. Email here!

FAQ

How many O1 visas are approved per year?

Taking 2019 as an example of pre-COVID figures there were 163,342 O-1 Visas approved by the USCIS. For the stats relating to your country click here.

Can an O1 visa holder apply for a Green Card?

Yes. They can go through a special process called ‘Adjustment of Status’. We have more on that here.

How long is the O1 Visa valid?

The most time allowed on an O visa is 3 years. This can be extended with the same sponsor in 1 year increments. To ensure you get the full 3 years is on your visa. READ HERE