The U.S. Department of Homeland Security (DHS) on Jan. 13 released a policy alert to clarify O-1B nonimmigrant status.
The policy guidance clarifies how the United States Citizenship and Immigration Services (USCIS) decides whether an O-1B beneficiary is considered a person of "extraordinary ability in the arts (O-IB) or as a person of extraordinary achievement in the motion picture or television industry (O-1B MPTV)."
Individuals with heightened ability in the arts and/or extraordinary achievement in film/tv industry may be eligible for the classification.
"O-1 nonimmigrant status is available to persons of 'extraordinary ability' in the sciences, arts, business, education, and athletics, and persons with a record of “extraordinary achievement” in the motion picture or television industry, who are coming to the United States temporarily to work in their area of ability or achievement," USCIS said in the alert.
"The updated guidance was issued to help officers and petitioners determine whether a beneficiary falls into the arts category or the motion picture and television category," USCIS said in the alert.
The clarification was provided in Arts v. Motion Picture & Television, according to the alert.
According to Yale University, the O-1 visa is only recommended when the H-1B and J-1 visa isn't an option.
"The evidence submitted must demonstrate that the individual is one of a small percentage who (has) risen to the very top of the field of endeavor," Yale's website states. "In many cases even if the O-1 application is approved, the individual must travel home, get the O-1 visa, and return to the U.S. before being able to work in O-1 status."
