O-1B Visa Attorneys

Montgomery County Immigration Lawyer

Individuals with an extraordinary ability or achievement in the arts, motion picture, or television industries who wish to temporarily work in the United States may do so by applying for an O-1B visa with the United States Citizenship and Immigration Services (USCIS). Like other O-1 visas, O-1B visas are granted for an initial period of stay of up to 3 years, with possible extensions being granted at the discretion of USCIS in increments of 1 year depending on the time required to complete the initial project.

At USILaw, our Montgomery County immigration attorneys are passionate about helping artists, filmmakers, and other entertainment professionals legally enter and work in the United States. If you are in need of an O-1B visa, our team of skilled advocates can walk you through the application process and provide the strong support you need to maximize your chances of success.

Fill out an online form today to schedule your initial case review.

Who Is Eligible for an O-1B Visa?

O-1B visas are reserved for individuals who have demonstrated a high level of skill, achievement, and recognition within the arts or film industries. “Extraordinary ability” means that a person has received distinction substantially above that which is ordinarily encountered, to the extent that the beneficiary is considered a renowned or leading figure in their field. Evidence applicants must provide of this national or international recognition includes awards such as an Academy Award, Emmy, Grammy, or Director’s Guild Award, or evidence of at least three of the following.

  • Performance and casting as a lead or starring participant in a production or event with a distinguished reputation
  • National or international recognition, such as critical reviews in major newspapers, trade journals, magazines, and other published materials
  • Performance or casting in a lead, starring, or critical role for an organization that have a distinguished reputation
  • A record of major commercial or critically acclaimed successes, shown by a title, rating, standing, box office receipts, critical ratings, or published recognitions
  • Significant recognition for achievements from organizations, critics, experts or government agencies, with the testimonials clearly indicating the author’s authority and knowledge
  • A high salary or other substantial compensation for services compared to others in the field

Individuals who wish to accompany an O-1B beneficiary must petition for an O-2 visa and must demonstrate that they are “essential” to the completion of the O-1B’s production, with critical skills and experience that cannot be readily performed by a U.S. worker.

Applying for an O-1B Visa

To apply for an O-1B visa, petitioners must file Form 1-129, Petition for Nonimmigrant Worker, with the USCIS within one year prior to the actual need of their services. It is recommended that this form be filed at least 45 days prior to the date of employment to minimize delays.

Applicants must also provide the following:

  • A written advisory opinion from a peer group or person of expertise in the beneficiary’s field, such as an appropriate labor union or management organization
  • A copy of any written contract between the petitioner and beneficiary, or a summary of the terms of an oral agreement between the parties, including what is being offered and accepted
  • An itinerary explaining the nature of the events or activities and their starting and ending dates

Questions About O-1B Visas? Contact Us Today

Like most immigration matters, petitioning for an O-1B or any other type of employment visa can be an immensely complex procedure which can expose petitioners and beneficiaries to a wide margin for error. At USILaw, our Montgomery County immigration lawyers are highly knowledgeable regarding the various laws which influence immigration matters and can handle the legal heavy-lifting on your behalf. With 24 hour availability and personalized attention dedicated to each case, we have what it takes to help you navigate through the immigration process with ease.

Get in touch with us online today to find out more about how we can assist you.