US Immigration: O-1B MPTV
O-1B for People in the Motion Picture or Television Industry
The O-1B visa is a non-immigrant visa that is designed for individuals with extraordinary ability or achievement in the arts, motion picture, television, or entertainment industry. To qualify for an O-1B visa, an applicant must meet specific requirements and demonstrate exceptional skills and accomplishments in their field.
There are two different categories of O-1B visas. The O-1B(Arts) visa is for artists while the O-1B (MPTV) visa is for beneficiaries who have a record of extraordinary achievement in the motion picture and television industry. Below, we will review the evidence necessary to demonstrate “extraordinary achievement” for a successful O-1B (MPTV) visa petition.
O-1B Beneficiaries in Motion Picture or Television
To work in motion picture and television productions, the beneficiary must have a demonstrated record of extraordinary achievement that has been recognized in the field through extensive documentation. “Extraordinary achievement” in reference to persons in the motion picture or television industry means a very high level of accomplishment in the motion picture or television industry, as evidenced by a degree of skill and recognition significantly above that ordinarily encountered to the extent that the person is recognized as outstanding, notable, or leading in the motion picture or television field.
1. Establishing Eligibility
In support of an O-1B (MPTV) petition, the petitioner must establish that the beneficiary has demonstrated a record of extraordinary achievement in motion picture or television productions and is coming to continue to work in such productions; however, the productions need not require someone with a record of extraordinary achievement.
2. Supporting Documentation
The supporting documentation for an O-1B (MPTV) petition is the same as the O-1B(Arts). It must include evidence that the beneficiary has received, or has been nominated for, a significant national or international award or prize in his/her particular field OR at least three of the following forms of evidence:
-Evidence that the beneficiary has performed, and will perform, services as a lead in productions or events that have a distinguished reputation, as evidenced by critical reviews, advertisements, publicity releases, publications, contracts, or endorsements;
-Evidence that the beneficiary has achieved national or international recognition for achievements, as evidenced by critical reviews or other published materials by or about the beneficiary in major newspapers, trade journals, magazines, or other publications;
-Evidence that the beneficiary has performed, and will perform, a critical role for organizations and establishments that have a distinguished reputation, as evidenced by articles in newspapers, trade journals, publications, or testimonials;
-Evidence that the beneficiary has a record of major commercial or critically acclaimed successes, as evidenced by such indicators as title, rating, standing in the field, box office receipts, motion pictures or television ratings, and other occupational achievements reported in trade journals, major newspapers, or other publications;
-Evidence that the beneficiary has received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field in which the beneficiary is engaged. Such testimonials must be in a form which clearly indicates the author’s authority, expertise, and knowledge of the beneficiary’s achievements; or
-Evidence that the beneficiary has either commanded a high salary or will command a high salary or other substantial remuneration for services in relation to others in the field, as evidenced by contracts or other reliable evidence.
3. Comparable Evidence
A major difference between the O-1B (Arts) and the O-1B(MPTV) visa is that the petitioner may NOT rely on comparable evidence in this category so the O-1B (MPTV) can be a more difficult visa to obtain than the O-1B (Arts) visa, depending on the circumstances.
It’s important to note that the requirements for an O-1B visa can be complex and rigorous. Consulting with an experienced immigration attorney is highly recommended to ensure that all aspects of the application are properly addressed and documented. To schedule with Aspire Visa Attorneys, please click here.
*Please be advised that this is not intended to be legal advice nor does engagement with this post create an attorney-client relationship.
For more information, see:
Business Immigration – Aspire Visa Attorneys (AVA)
Working in the United States | USCIS
**Current as of September 7, 2023