CASE: I-129 (O-1B Petition)
CLIENT: Korean
LOCATION: Columbus, OH
Our client contacted us in May 2016 about the possibility of getting an O-1B visa in the United States. She is a renowned solo / collaborative pianist and is currently working with different performing groups and music establishments. Our client was first place in several national competitions and had a chance to perform in Carnegie Hall in New York, one of the most prestigious musical venues in the world. She also performed in various distinguished musical groups, orchestras and bands. Upon review of her credentials and qualifications, our office determined that she was qualified for the O-1B visa petition, alien of extraordinary ability in the Arts.
The regulation at 8 C.F.R. Section 214.2(o)(3)(iv) sets forth a multi-part analysis. First, a petitioner can demonstrate the beneficiary’s recognition in the field through evidence that the alien has been nominated for, or the recipient of, significant national or international awards or prizes in the particular field such as an Academy Award, an Emmy, a Grammy, or a Director’s Guild Award. 8 C.F.R. Section 214.2(o)(3)(iv)(A).
If the petitioner does not submit this evidence, then a petitioner must submit sufficient qualifying evidence that satisfies at least three of the six categories of evidence listed below.
- Performed and will perform services as a lead or starring participant in productions or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications, contracts or endorsements
- Achieved national or international recognition for achievements, as shown by critical reviews or other published materials by or about the beneficiary in major newspapers, trade journals, magazines, or other publications
- Performed and will perform in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation as evidenced by articles in newspapers, trade journals, publications, or testimonials.
- A record of major commercial or critically acclaimed successes, as shown by such indicators as title, rating or standing in the field, box office receipts, motion picture or television ratings and other occupational achievements reported in trade journals, major newspapers or other publications
- Received significant recognition for achievements from organizations, critics, government agencies or other recognized experts in the field in which the beneficiary is engaged, with the testimonials clearly indicating the author’s authority, expertise and knowledge of the beneficiary’s achievements
- A high salary or other substantial remuneration for services in relation to others in the field, as shown by contracts or other reliable evidence.
After the review of our client’s credentials and qualifications, we determined that our client meets 4 of the 6 categories, which is more than 3 required as an alien of extraordinary ability in Arts. She performed and will perform services as a lead or starring participant in productions or events which have a distinguished reputation. She achieved national or international recognition for her achievements, as shown by critical reviews or other published materials by or about the beneficiary in major newspapers, trade journals, magazines, or other publication. She performed and will perform in a critical role for distinguished music groups, musicians, and musical establishment, and she has received significant recognition for her musical, scholarly, and performance achievements from various experts in her field of endeavor.
Our office prepared a 21-page brief for our client’s O-1B filing. Our client also obtained 9 letters of recommendation from experts in her field of endeavor. Our office also included her performance records, awards, media coverage, scholarly achievements, and other materials to show that she is an alien of extraordinary ability in piano performance. Also, our office contacted the American Guild of Musical Artists and obtained a consultation letter (Advisory Opinion Letter) for her case. Lastly, we included her contracts with various employers and itineraries.
Our office filed her I-129 (O-1B) petition to the USCIS California Service Center on June 29, 2016 via regular processing. In August, our client decided to upgrade her case to premium processing, so our office filed premium processing request to USCIS on August 9, 2016. Eventually, on August 19, 2016, the USCIS California Service Center approved the I-129 petition for our client’s O-1B visa.