As a ballet artist, what visa applies to me?
Are you a ballet artist looking to grow your career by moving to the United States to work? Don’t know which immigration route to follow to make this possible, or even if there is one applicable? Please continue reading, this article is for you.
What is Immigration Law?
Immigration Law is related to the laws, rules, and regulations that deal with aliens, citizens, and nationality of the United States of America. Inside this broad category is that we find Artist Immigration.
What is Artist Immigration?
Artist Immigration is commonly referred to immigration issues related to professionals in the artistic field. These artists can be dancers among others. So here is where you, are included.
How can Artist Immigration help me move to the United States?
In 1990, the United States Congress created the new visa classification, O visa, for aliens with extraordinary abilities, accompanying aliens, and others. This visa, in its subcategory of O-1B or as it is commonly known as Artist Visa, can be given to ballet artists, among other artists, to come to the United States to work. As with every other visa there are requirements to be met.
What requirements are needed to obtain a O-1B/Artist Visa?
The seekers of the benefits of the O-1B for artists and entertainers except those affiliated with motion picture or television productions need to prove what USCIS has defined as distinction. Distinction is defined in the Code of Federal Regulations as a high level of achievement in the field of arts evidenced by a degree of skill and recognition substantially above that ordinarily encountered to the extent that a person describes as prominent is renowned, leading, or well-known in the field of arts. This standard of distinction can be proved by evidence of receiving a significant national or international award or prize, such as an Academy Award, an Emmy, a Grammy, or a Director’s Guild Award, or evidence of at least three of the following:
1. Has performed/will perform services as a lead/starring participant in productions/events with distinguished reputations as shown by critical reviews, ads, publicity releases, publications, contracts, or endorsements;
2. National/international recognition for achievements through critical reviews, other published materials by or about the beneficiary in major papers, trade journals/magazines, etc.;
3. Has performed in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation evidenced by media articles, testimonials, etc.;
4. Has a record of major commercial or critically acclaimed success;
5. Has achieved significant recognition from organizations, critics, government agencies, recognized experts; and/or
6. Has commanded or will command a high salary/other remuneration in relation to others in the field.
What are the other requirements?
It is important for you to know that this visa is NOT self petitioned. You would need to get work in the United States so that your employer or agent can petition this visa for you. The petition for this visa should also include an advisory opinion consultation letter from a labor union with jurisdiction in the field requested.
What are the benefits of this artist visa?
O-1B visas have no annual numerical cap, no overall time limits, and the petitions may be filed up to a year in advance. It is encouraged to file the petition at least 6 months prior to be needed in the United States or to file with premium processing service. They have an initial time limit of 3 years which can be extended upon request one year at a time.
So, are you a foreign ballet dancer that can prove distinction as defined by the United States government and that have been offered work in the US? Yes. Next step, request an artist visa! Don’t wait! Having trouble with the evidence? Don’t know how to do it? Not sure if you can prove distinction? Contact me, your ballet attorney. I’ll be more than glad to help you and talk ballet with you!
“I do not try to dance better than anyone else. I only try to dance better than myself.” - Mihkail Baryshnikov
