Artists

Non-Immigrant Visa Categories

O-1, Aliens of Extraordinary Ability

Aliens who can demonstrate "extraordinary ability" in the sciences, arts, education, business and athletics through "sustained national or international acclaim", and whose entry the Attorney General determines will "substantially benefit prospectively the U.S, may qualify for O-1 status. The employer is also required to consult with unions, management groups and other outside sources to show such person is "extraordinary".

Immigrant Visa Categories

There are a number of immigrant visa categories that may be considered in attempting to process a foreign artist for permanent residence status.

Person of Exceptional Ability or holding an Advanced Degree

 

A foreign worker may qualify for this category by holding an Advanced Degree (Master's or higher) or by demonstrating he/she is a person of exeptional ability in the sciences, arts or business.

The Labor Certification requirement applies to this category. job offers from U.S. employers are usually required, but a job offer may be waived. If the job offer is in the "national interest", the alien is not subject to the labor certification requirement normally applicable to persons in this category. This will dramatically expedite the processing of the case.

Persons of Extraordinary Ability
 

An alien of extraordinary ability in the sciences, arts, education, business or athletics may qualify for an immigrant visa. Extraordinary ability means a level of expertise indicating that the individual is one of that small percentage who have risen to the very top of the field of endeavor.

The applicant must demonstrate sustained national or international acclaim and that his/her achievements have been recognized in the field of expertise. A labor certification is not required for this category.


 


This is an advertisement. Certification as an Immigration Specialist is not currently available in New York. The law office of Mark C. Kalish limits its practice strictly to immigration law, a Federal practice area and we do not claim expertise in the laws of states other than where our attorneys are licensed. The law office of Mark C. Kalish does not retain clients on the strength of advertising materials alone but only after following our own engagement procedures (e.g. interviews, conflict checks, retainer agreements). The information contained on this site is intended to educate members of the public generally and is not intended to provide solutions to individual problems. Readers are cautioned not to attempt to solve individual problems on the basis of information contained herein and are strongly advised to seek competent legal counsel before relying on information on this site. The law office of Mark C. Kalish and its advertisers are independent of each other and advertisers on this site are not being endorsed by the law office of Mark C. Kalish by virtue of the fact that they appear on this page. Site is maintained by the law office of Mark C. Kalish office, New York and overseen by Mark C. Kalish. Copyright © 1999 Mark C. Kalish. All rights reserved.