Immigration Services
O-1B Nonimmigrant Visa
The O-1B Extraordinary Ability In the Arts Visa is usually the first visa an artist will apply for in the United States, whether you are abroad and have work lined up for you here, or if you are already in the United States in a different visa classification like F-1 and are ready to change status. It requires showing that you have “extraordinary ability” in the arts through meeting certain criteria. This is a temporary 3-year renewable visa.
EB1 Immigrant Visa
The EB1 is an extraordinary ability visa that leads to permanent residence. Unlike the O1-B which is specific to individuals in the arts and has a lower standard of achievement, the EB1 extraordinary ability requires a much higher level of achievement. The categories an artist must demonstrate are different than the O-1B and you must additionally demonstrate that you have sustained acclaim.
National Interest Waiver
The National Interest Waiver (NIW) is an immigrant visa that leads to permanent residence. You first need to demonstrate that you either have an advanced degree (such as an M.F.A.) or “exceptional ability” in your field. Next, you must show that your future work in the United States has substantial merit and national importance, that you are well-positioned to accomplish this work, and that it would be beneficial to waive the labor certification process.
Family Based Petitions
Depending on your circumstances, it may be more practical to apply for a family based petition that would permit work authorization through obtaining permanent residence via a spousal, fiance, or family preference visa. Some individuals also automatically acquired U.S. citizenship at birth through a parent and do not know it. I have many years of experience representing individuals in all kinds of family based petitions.