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What Is the Standard of USCIS Review of O1 Visa Application?

Hi William,

I am a virtual artist in the
television industry. What is the standard of USCIS review of O1 visa application?

Answer,

O-1 visa benefits aliens of extraordinary ability in the science, arts, education, business or athletics. Aliens of different specialties are imposed different standards of review. The standard for determining “extraordinariness“ is highest for business persons, scientists and educators, and lower for the arts.

For persons whose expertise is in science, education, and business, extraordinary ability is shown by sustained national or international acclaim and the aliens must have risen to the top of the field. This standard is similar to that the EB1-A immigrant visa.

To qualify as an O-1 alien of extraordinary ability in the arts, the immigration rules require “distinction.“ “Distinction“ means a high level of achievement in the field of arts as evidenced by a degree of skill and recognition substantially above that ordinarily encountered, to the extent that a person is described as prominent, leading, or well-known in the field of arts. Those seeking a visa to work in the television or motion picture industry have a different standard. They need to demonstrate record of extraordinary achievement. All O-1 seekers must be entering the United States to work in the field in which he has received that acclaim.







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