The Differences Between O-1A and O-1B Visas

Choosing the Correct O-1 Category

Why this is an important decision for foreign nationals looking to take advantage of this visa category?

Any  business that requires the employment of international workers with  extraordinary ability must choose the correct O-1 visa category in order  to avoid poor petitions because the eligibility requirements do not  match the industry trends of the O-1 beneficiary. Our entertainment  immigration lawyers help clients navigate the O-1 process with  confidence knowing that they are applying for visas in the categories  that have the highest quality chances of getting an approved case.

In 2020, there will be more pressure on USCIS adjudication officers  to apply more scrutiny to petitions in all categories, not just the O-1  visa. Extra attention to petitions is necessary.

O-1A Visa - Athletics, Education, Business, and Arts

The  O-1A visa is the category with the highest eligibility requirements  and, therefore, the most difficult O-1 visa to obtain. These visas are  typically used by foreign nationals whose occupation has nothing to do  with the arts, such as business executives, world-class athletes,  and persons in academia. O-1A visas require copious amounts of evidence  to prove that the beneficiary has experienced sustained international  or national acclaim in their industry.

There are several categories for proof of sustained acclaim under the O-1A category and they include the following:

Receipt of a major award, such as a Nobel Prize or Olympic medal

• Or at least three of the following:
• Other international and national awards in the beneficiary’s industry
• Association with groups that require outstanding qualities for membership
• Published articles about the beneficiary and their contributions to the industry
• Tangible and intangible original contributions to science, academia, or business that are considered significant
• Authorship of articles and essays in professional media outlets
• Employment in an essential capacity
• Receiving higher compensation than peers

The O-1B visa actually has a less rigid eligibility standard than the  O-1A visa for beneficiaries in either the arts, motion picture or  television industries. The O-1B visa eligibility requirements are  slightly altered to favor persons in the categories making it easier to  meet criteria categories than the O-1A. O-1A applicants are not able to  take advantage of the O-1B visa requirements because the supporting  evidence for their background simply would not fit in enough categories  to obtain the visa and the job title is not likely to be accepted by  USCIS for the O-1B category.

O-1B visa applicants have the choice of applying for classification under the arts or as a professional in film/TV.

O-1B  petitions under the arts must prove distinction, which is concerning  skill, recognition, and prominence substantially beyond what typically  occurs in the industry of the beneficiary. Prominence means that the  foreign national is leading, well known, and/or renowned in their  industry.

Eligibility Criteria for O-1B Visa Petitions in Film, Motion Pictures, and Television

• Receipt of a major award that would be the equivalent to a world championship in athletics or a grammy award in music
• Or at least three of the following:

1. Previously has and will participate in critically acclaimed and prestigious events, projects, and performances.
2. Significant national and international awards in the beneficiary’s field of endeavor
3. Previously has or will in the future play a leading role in projects, events, and performances with prestigious companies and organizations
4. Articles from third parties with reputable media outlets discussing the work of the beneficiary
5. Critical reviews of the beneficiary’s work included in major media outlets, trade publications, and industry journals
6. Evidence of sustained acclaim and recognition from experts, industry insiders, important organizations, and other sources
7. Earning or will be earning a significantly higher wage than peers in the same industry

O-1B petitions under film, motion picture and television must prove  an existing history of extraordinary achievement through unique  accomplishments in motion picture and television that is significant  compared to the standard professional in their field. Significance under  the O-1B petition for film, motion picture, and television also means  well known, leading, and/or renowned in the industry.

Eligibility criteria for O-1B visa petitions in film, motion picture, and television

Receipt of a major award such as an Emmy, Grammy, Directors Guild Award, or an Academy Award

• Or at least three of the following:

1. Leading or staring previously and currently in productions, events, and projects that have a great reputation
2. Significant national and international awards in the beneficiary’s field of endeavor
3. Leading or starring in an essential or critical role for establishments, membership organizations, or other organizations that have a great reputation
4. Participation in events and projects that earn a lot of commercial revenue and/or great reviews from credible sources
5. Significant recognition for achievements in media outlets
6. Receiving higher remuneration compared to peers in the industry