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O1B CASE COLLECTION

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The O-1 visa is suitable for individuals with extraordinary ability in fields such as arts, sciences, education, and the motion picture or television industry (MPTV). In the era when winning the H-1B lottery feels like a stroke of luck, many people are increasingly considering the O-1 visa as a viable alternative.

O-1A VISA

For individuals with an extraordinary ability in the sciences, education, business, or athletics

 

O-1B VISA

For individuals with an extraordinary ability in the arts or extraordinary achievement in the motion picture or television industry

 

Today, we share some successful O-1B cases to help you assess your qualifications.

Fine Artist, multidisciplinary

The client’s work covers a wide range of categories, including photography, video, and even sculpture. A key advantage of this case was that the client’s photography and sculpture works were exhibited at multiple art exhibitions. Additionally, some of the video works were selected for screening at film festivals. A downside was the lack of a solo exhibition, and while the client’s works were shown at film festivals, none of them won awards. Furthermore, the media channels that published the client’s work have limited reach.

 

After submitting the case, we received an RFE (Request for Evidence). The RFE requested additional documents to demonstrate the significance of the exhibitions the client participated in and to explain why being selected for a film festival should be considered a significant achievement of the client. It has become increasingly difficult to obtain an O-1 through participation in film festivals, as nearly all RFEs ask applicants to prove that the festival they participated in is of high caliber, especially with so many film festivals out there nowadays. Finally, we provided letters of recommendation from festival organizers and evaluations from industry experts regarding the festival’s reputation. We also compared the client’s achievements with those of past award-winning participants. Once we submitted the supplementary materials, the case was approved within a day.

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Fine Art Painting

This applicant’s oil paintings were exhibited at multiple galleries and art institutions. Unlike the previous case, the applicant had extensive media coverage. One of the interviews was published in a well-known local newspaper in the U.S. Additionally, at the time of submitting the O-1 application, the applicant had already received an offer for an Art Director position at an auction company. The case was submitted to the USCIS without premium processing and was approved within a month.

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Fashion Photographer

This client is a fashion photographer. After obtaining a master’s degree, the client’s works were published in multiple major fashion magazines. Additionally, the applicant had shot some fashion films, which were nominated at several fashion film festivals. The case was submitted for premium processing to the USCIS and received an RFE.

 

The main issue was that the magazines where the applicant’s works were published had limited circulation. If a photographer wishes to secure an O-1 visa based on their published works, they need to demonstrate that the magazines have significant circulation, such as high-end fashion magazines like Vogue. If the works are published on websites, it’s necessary to demonstrate that the website, such as vogue.com, has substantial traffic. Many applicants, especially fresh graduates, may not be able to get their works published in major magazines, so they might have to settle for independent magazines with limited circulation. Given the limited time during the OPT period, we recommend that applicants try to submit works to major magazines while still in school, and if submitting to independent magazines, ensure they have information on the magazine’s circulation.

 

For this case, we contacted the editors of all the magazines where the client’s works were published as much as possible, asking them to explain their circulation and the criteria for selecting works. After responding to the RFE, the case was approved.

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Photographer, Videographer

This client is also a fashion photographer. Unlike the previous case, this client worked directly with numerous fashion brands on various commercial projects. The client was diligent in keeping contracts, invoices, and related materials from these collaborations. Their works were directly featured on brand websites and social media. While the client had very few exhibitions, the solid work experience helped the client obtain O-1 approval directly.

 

Although the O-1 visa does not have any specific requirements for work experience, applicants with more work experience are more likely to be approved from our experience.
 

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Graphic motion designer / Animator

This applicant also had substantial work experience. When we prepared the O-1 application, the client had already contributed to producing several advertisements at a well-known advertising company. The client had also worked on several animated short films for a giant company in the film industry. The case was submitted to the USCIS without premium processing and was approved within a month.

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Product Designer (UI/UX)

This applicant worked for a major internet company and contributed to the design of multiple popular apps. Prior to joining the company, the applicant had freelance experience with other companies. Many of the client’s works have received excellent industry awards. The case was submitted with premium processing to the USCIS and was approved within five days.

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From the above cases, we can identify some tendencies of the USCIS approving the O-1 visa:

 

Work Experience

Although there is no formal requirement for work experience, applicants with more experience tend to have a higher approval rate in practice.

 

Commercial Fields

It’s generally easier to get approved for an O-1 visa in commercial fields compared to Fine Art.

 

Quantity and Quality of Media Coverage

For fine art O-1 applications, it’s crucial to focus on both the quantity and quality of media coverage in addition to exhibitions.

 

UX/UI Fields

In recent years, the number of O-1 applications in the UX/UI field has increased significantly. I personally believe these applicants fall under the commercial category, similar to case six. Participating in competitions rather than exhibitions can be a good strategy. If you can’t land a position at a major company, you can take on commercial freelance work.

 

Motion Picture / Television (MPTV)

Applying for an O-1 visa in the MPTV sector is generally harder than for other artistic fields. If you want to gain O-1 visa approval through awards or screenings of your own films and videos, the chances of receiving an RFE are high. The RFE will typically inquire for additional proof of the film festival’s quality and prestige.

These materials have been prepared as advertisings and for informational purposes only. This information does not constitute legal advice and is not intended to create, and receipt of it does not constitute an attorney-client relationship. Internet subscribers and online readers should not act upon this information without seeking professional counsel.

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