1. What is an O-1 visa? 

The O-1 visa is reserved for individuals with extraordinary abilities in the arts, athletics, or business. An artist or entertainer can qualify for the O-1B visa. An extraordinary ability must be a high-level achievement that has earned a distinction or awards. For artists, this can be a notable award, such as the Grammys or any lesser-known international or national recognition. Elite memberships in a hall of fame could also be considered proof of exceptional ability. 

2. Advantages

• Ability to travel freely in and out of the US without restrictions for three (3) years. Extensions are possible as long as there’s proof that the service is continuously provided.
• Dual Intent visa means you can have the intent to stay in the United States permanently and temporarily.
• Artists are not required to prove that they intend to return to their country once the performance is over. 
• The artist can accept remuneration for performances and services rendered.
• Individuals accompanying the artist whose role cannot be replaced by another US worker can apply for an O-2 visa. For instance, a band leader can get an O-1 visa, and the band members can get an O-2 visa.
• The artist and the supporting personnel’s spouses and children can join them in the US if they apply for an O-3 nonimmigrant visa. This visa allows them to attend school but restricts them from becoming employed.

3. Limitations

• Very high standards are needed to qualify, and strict rules exist to prove eligibility.
• The USCIS (US Citizenship and Immigration Services) must approve a prior nonimmigrant petition before going to a Consulate for stamping.
• If the employer decides to terminate the contract or if the artist decides to change employers, a new visa application is needed.
• The USCIS determines the start and end date of the employment. 
• The employer needs an approved petition from the USCIS before the artist can apply for the O-1 visa. 

4. O-1 Visa Requirements

• Only for aliens with extraordinary ability
• Individuals must have a recognized and distinguished exceptional ability that’s nationally or internationally recognized.
• Written advisory opinion from a peer group attesting to the individual’s abilities. If there’s no peer group, the artist must provide enough evidence demonstrating extraordinary ability.
• Contract between the artist and a US-based employer or agent
• Itinerary with detailed activities and events (optional but suggested)
• Records of major commercial success as a performing artist, such as ticket sales, earnings, etc.

5. Additional Resources

• The Complete Guide to the O-1 Visa
• O-1 Visa for Artists with Exceptional Talents
• P-1 Visa for Professional Entertainment Groups
• P-2 Visa for Artists in a Cultural Exchange Program
• P-3 Visa for Artists with Unique Cultural Talents