Maya Chosé, Esq.

You may have reached it, without even realizing. Your hard work and accomplishments may not be harnessed to their full potential if you fail to consider the sometimes elusive O-1 visa. Although at first the standard seems unattainable, a closer look reveals flexibility that rightfully allows highly accomplished individuals who may not boast a Grammy or Nobel Prize (yet) to attain O-1 status.

The O-1 visa is a non-immigrant employment based visa that is often overlooked by attorneys in favor of, for example, the H-1B category, which is less prestigious and much more restrictive. Without going into detail about the H-1B visa, some of the main  differences are that the H-1B is, in most instances, limited to six years, while the O-1 may be extended indefinitely (in one year increments), and there is no yearly quota on how many O-1 visas may be granted, as there is for most categories of H-1B.

You have worked hard, invested much and started to influence and inspire your contemporaries. Now you need more time in the United States, a breeding ground for innovation and opportunity. Prove yourself, and upgrade your status to the O-1.

 According to 8 CFR Sec. 214.2(o)(1)(i), the O-1 category is reserved for aliens who have “…extraordinary ability in the sciences, arts, education, business, or athletics, or who have a demonstrated record of extraordinary achievement in the motion picture or television industry.”  In reality, the range of occupations covered by this statement is virtually limitless. In the sciences, typical candidates are doctors and researchers; in business, qualified individuals may be entrepreneurs, fundraisers, or restaurateurs; the arts designation covers the entire creative continuum, from musicians, to dancers, fashion designers, painters, photographers, sculptors, and the list goes on.

 Although the umbrella term ‘extraordinary ability / achievement’ is used to set the standard with reference to all potential O-1 categories, this term has specially defined, nuanced meaning in the law, depending on the specific field in question. Broadly, this results in three distinct standards of varying rigor.  

 The highest standard applies to those in the fields of science, education, business, or athletics, requiring that “the person is one of the small percentage who have arisen to the very top of the field of endeavor.”[1] Acceptable evidence for successful candidacy, in lieu of an internationally recognized award such as the Nobel Prize, includes, but is not limited to, publications in reputable journals, other nationally or internationally recognized prizes or awards, membership in highly esteemed associations, participation on a judging panel, recommendations from field forerunners, and other significant original contributions to the field.  

Extraordinary achievement in the motion picture and television production industry holds the middle standard, requiring “a very high level of accomplishment …evidenced by a degree of skill and recognition significantly above that ordinarily encountered to the extent that the person is recognized as outstanding, notable, or leading in the motion picture or television field.”[2] This standard allows O-1 candidacy for many performers and crew of nationally viewed television programs. In other words, one need not be the leading performer in a major motion picture to qualify for O-1 status, as performers and crew of smaller or independent productions could just as well qualify.

The least stringent standard is reserved for the arts category, which covers a broad spectrum of creative disciplines. Extraordinary ability in the arts is defined as having reached distinction in the field, “evidenced by a degree of skill and recognition substantially above that ordinarily encountered to the extent that a person described as prominent is renowned, leading, or well-known in the field of arts.”[3] Simply put, this means a person needs only to persuade the examiner that she is above par in her particular field. Although this is the easiest of the three standards to meet, the qualifying evidence is comparable to that described in the science section above. Namely, the applicant must either boast an internationally recognized accolade such as a Grammy, or must gather a compilation of evidence including, but not limited to, high caliber recommendations, press, exhibitions / performances, proof of participation on a judging panel in a particular field, and internationally or nationally recognized prizes and awards.

Overall, a carefully crafted, convincing portfolio will build your case by highlighting your most impressive achievements through strong, well written testimonials and carefully selected documentary evidence in the context of a narrowly defined occupational specialization (e.g. music producer) within your field of expertise (e.g. music).

In addition to meeting the relevant standard described above, an additional requirement for attaining an O-1 visa is the peer consultation. This will typically come from a guild or association in the candidate’s field of expertise, after review of the candidate’s portfolio. It is important to determine the appropriate organization to reach out to early on, since each organization may have different procedures and varying processing times. 

In closing, choosing an experienced attorney who keenly understands the standards and carefully assesses the strength of each piece of evidence is paramount. Our firm works very closely with clients to ensure proper evidentiary and organizational benchmarks are satisfied so that you may be confident that your case is presented as persuasively and coherently as possible.

[2] 8 CFR Sec. 214.2(o)(3)(ii)

[3] 8 CFR Sec. 214.2(o)(3)(ii)

The Law Office of Maya Chosé
315 Bleecker Street, Suite 382
New York, New York 10014
Telephone: (917) 374-0057
Facsimile: (212) 675-6330 
Office Hours by appointment only

By Zac Taylor
Editor-in-Chief

There’s a pesky epidemic sweeping the mobile community. It’s called mass-texting. Musicians and other shameless self-promoters will often drop the mass-text the day before, of, or after a show in an effort to “get people out.” Sometimes it’s your friend. Maybe it’s the girl from Harmony class. Often, it will be a random number and you have to ask someone, ‘What the heck is the area code 513?’ After years of being a notorious mass-texter myself, I have realized certain rules—nay—guidelines, that validate a sense of courtesy, and in a sense, strategy, in the implementation of the mass-text:

1. You’re allowed (1) mass text message for a gig.
   Forget about the two days before, one day before, morning of, or the classic “Hey! We’re starting in a bit! Head on over.” People know the game, and are short on patience as it is. Send the solitary mass-text on the day of the show as a reminder, and end the madness.
2. Be Succinct.
   In the past semester, I got a handful of mass-texts that were three messages in length. My cell phone went nuts—ding, ding, ding— and I made the mistake of thinking I was popular and/or loved by three separate friends. Nope. I was not only being invited to Poetry Slam, but also given specific details, and an elaborate emotional reflection of how much it would mean to the texting party if I showed up, and of course, the “C U there” tagline. OMG, texters. Here’s the format: Event/venue/time/sign off. Keep it to one message’s length, or even one screen’s length if applicable.
3. No ‘Thanks for Coming!’ mass-texts.
   Under no circumstance should you ever send the “Hey everyone. Thanks for coming out. It was a blast.” There are ways to disguise it (e.g. using ‘man’ or ‘dude’ instead of ‘everyone’) that will fool a handful of naïve Nokia users, but it’s still not recommended (It’s also a notorious Facebook inbox clogger. Put it as your status, and move on with your life).
4. Erase the ‘FWD:’ prefix.
   The one that is automatically added to most mobile devices upon forwarding a mass-text after you’ve reached your 10-contact quota. It doesn’t take long, and seasoned mass-texters appreciate the courtesy.
5. Lose the emoticons.
   If your LCD reads “Come see my band at TT’s tonight. We’re on at 10 =P,” does the little tonguey smiley guy make you want to come show your support that much more? No sir. It’s irksome even without the emoticon, and has the potential to lose friends if superfluously implemented.

Most of these guidelines are applicable for Facebook messages, MySpace invites, and other ways we like to “keep in touch.” You want people to come see your band. Most of them won’t, but you simply can’t afford to alienate the few that might actually come.

Got some more guidelines? Let us know at thegroove@berklee.edu, or leave a comment below.