Attorneys and foreign nationals are reporting that US consular officers in Europe are denying O-1 visas for individuals who “possesses extraordinary ability” or a “demonstrated record of extraordinary achievement” based on the March 11, 2020, presidential proclamation (PP 9993) that restricted travel to the US from the Schengen Area, which includes twenty-six European countries. This March 11 proclamation stated: “The entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the Schengen Area during the 14-day period preceding their entry or attempted entry into the United States is hereby suspended and limited.” (Other proclamations enacted similar travel restrictions for other countries including England, Scotland, Wales, Northern Ireland, and the Republic of Ireland, as well as Brazil.)
Read moreThe O-1 Visa: Top 10 Misconceptions
We originally published this post back in 2013 (as 5 misconceptions), and it has consistently ranked as one of our most read posts. And for good reason: the O-1 visa category is one of the most popular, especially for those who work in the arts, design, and film and television (although, as we discuss below, the O-1 can be a good option for all sorts of professions and industries). Since it’s been a number of years, we wanted to add some updates and clarifications and, yes, a few more misconceptions that often come up for foreign nationals who already have an O-1 or are interested in obtaining this visa type . - Protima
1. The O-1 is a “freelance” visa
There is no such thing as a “freelance” work visa in the United States. With very few exceptions, nearly every work visa in the US must be sponsored by a legal and operating US company or agency.
Read moreUSCIS Now Accepting Copies of Negative O Visa Consultations Directly from Labor Unions
US Citizenship & Immigration Services (USCIS) announced that effective immediately the agency will now accept copies of negative consultation letters directly from labor unions relating to O nonimmigrant visa petition submissions. In general, USCIS requires consultation letters from a US peer group, labor organization, or management organization for O petitions. Usually, the petitioner submits the necessary O visa consultation with the petition. While that requirement remains unchanged, labor unions should now send copies of negative O nonimmigrant consultation letters to UnionConsultationMailbox@uscis.dhs.gov.
Read moreDance Magazine: “Is the US Government Cracking Down on Artists’ Visas?”
Throughout the past year, dancers and US-based theatre companies have been experiencing delays and denials in attempts to obtain approvals for performances in the US. In late March, the Joyce Theater's annual gala performance had to include a last-minute substitution after two Paris Opéra Ballet dancers were unable to obtain visas. "It was a shock," Linda Shelton, executive director at The Joyce Theater, tells Dance Magazine. "In all 25 of my years here, I think we'd only been turned down once before. That was ages ago and we already had a feeling that dancer wouldn't be approved anyway, because of an issue with their passport. This was just a big, big surprise." Then, less than a month later, visa petitions for Bolshoi Ballet stars Olga Smirnova and Jacopo Tissi to perform at the Youth America Grand Prix gala were denied. Last year, South Korea's Bereishit Dance Company had to cancel a performance because of similar issues.
Read moreImmigrants in the Arts: Australian Playwright and Director Bryan Davidson Blue
One of our firm’s main practice areas is the O-1B nonimmigrant visa and EB-1 immigrant petition based on evidence of the beneficiary’s extraordinary ability in the arts. Many of our clients are international artists from all over the globe, seeking a means to expand their work into the United States, and specifically to move to and work in (either temporarily or permanently) one of the world’s great cultural capitals: New York City. One of the best ways to prepare for such a big move, in addition to speaking extensively to a qualified and experienced immigration attorney, is to read the accounts of those who have already gone through the process.
Read moreUnderstanding the O-1 Criteria: A Mermaid of Extraordinary Ability
One of the main visa types we deal with at our firm is the O-1 nonimmigrant visa for individuals of extraordinary ability. We previously dealt with some common misconceptions about this visa type and now, to explore it in a little more depth, we offer a fictional meeting between a potential client and her lawyer, discussing her potential petition for O-1 classification.
This isn’t, however, just any potential client. The Little Mermaid is a classic fairy tale about a mermaid princess with a beautiful voice, who falls in love with a human prince at first sight and sells her voice to a sea witch in order to follow him onto land and make him fall in love with her. In an attempt to make the story a little less tragic, and help illustrate the requirements for an O-1 visa, we’re imagining up a scenario in which the Little Mermaid meets with a lawyer to more sensibly discuss her temporary immigration options, rather than immediately going to such drastic measures.
Read more8 Common Questions Foreign Nationals Have When Changing Visa Sponsors/Employers
As immigration attorneys, one scenario we frequently encounter is where foreign nationals part ways with the US company that sponsored their nonimmigrant visa. Regardless of who initiated the change, terminating employment/representation with the US company sponsoring the foreign national's visa requires immediate attention, ideally well before the change is to take place. It can be stressful for everyone involved. To allow all parties involved to prepare for and understand the implications, we have compiled some of the most frequently asked questions from foreign nationals.
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