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 moreVisas for Musicians
Musicians and musical artists come to the United States from all over the world. How they may enter and using which visa depends on a number of factors, and some may be surprised as to the many restrictions in place for musicians who would like to play and perform in the US. The issues relating to visas for musicians appeared in headlines throughout major media in 2017, when a number of musicians attempting to travel to the US to perform at the South by Southwest festival in Austin, Texas were not allowed entry. Many of these artists attempted to enter the US on B visas, or through the Visa Waiver Program. While it might be possible in certain situations for musicians to enter in the US under these options, a variety of other visa categories are available that may indeed be a better choice for those who wish to come to the US to play music, depending on a number of factors. Some of the possible visa categories for musicians are: O visas, P visas, the Q-1 visa, and B visa, all of which we will discuss in this post.
Read moreVisa Options for TV and Film Actors and Performers
We have previously covered special considerations for film and television visas, 10 things to remember about the I visa, and 10 common questions about O visas for the film and television industry. We even dissected some interesting fact patterns for the P-1 and O-1 visas. But let’s rewind, refresh, and simplify, shall we?
Read moreO Visas for the Film and Television Industry: 10 Common Questions (and Answers)
So you’re a German production company looking to shoot a feature film in the United States, or an Australian actor who has been hired for a recurring role in an American television series. You’ve done a little research, possibly read our previous post on special considerations for film and television visas or common O-1 misconceptions, and now you realize that you and/or your production team are in need of O visas. (Almost any foreign national working on commercial or entertainment film or television projects in the US, for any length of time, will need an O-1 or O-2 visa.)
Read moreVisas for Architects: 5 Common Issues
The world is full of many talented artists—including those who design our public and private spaces. Often these talented artists want to come to the US to work in the numerous architectural firms that do business in the US. So, what visas do architects typically have?
H-1B: Probably the most common visa type for architects is the H-1B specialty occupation visa. As architects will most likely have at the very least a bachelor's degree, an H-1B may be the logical first choice; however, with the numerical limits of this visa type, the H1-B may not be possible.
E-3: Since architects are generally recognized as “specialty occupations” it is likely they will also be eligible for an E-3 visa if they are Australian.
TN: Since “architect” is one of the professions allowed to apply for a TN visa, architects who are nationals of Canada or Mexico could be eligible for this visa category.
Read moreO-2s in America
There is the old adage, “It takes a village to raise a child,” and the same is true (well, the village part, not the child part) for many artists and athletes working in the US on an O-1 visa. Indeed, behind many leading photographers, directors, athletes, actors, make-up artists, and other O-1 holders here in the US, there is often an individual or team of qualified, experienced, and essential support personnel in O-2 status who have worked extensively with the O-1 beneficiary over the years and who ensure every project runs smoothly.
Who can use the O-2?
The O-2 classification is for essential support personnel of an O-1 artist or athlete. A photographer’s assistant or retoucher, members of a graphic design team, members of a film crew, actors, or other such personnel, may qualify for the O-2 visa. There is no enumerated list of qualified positions. Moreover, more than one support personnel member can apply for O-2 classification with the same O-1.