Immigration Lawyers Toolbox® Magazine
Demonstrating Extraordinay Ability in the Arts for a Foreign Musician/Singer (O-1B) Author: Gerri Marshall, Esq.
Explaining Gerri Marshall, Esq.
GDMTheLaw.com, Gerri@GMDTheLaw.com
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the process of an O-1B Visa (from start to finish) for a foreign musician/singer to a potential client (PC) can be daunting because you are doing so many different things during the consultation, such as: trying to figure out whether the PC qualifies for O-1 status, you are educating your PC about the O- 1B Visa process, you’re trying to earn your PC’s trust, you have to set up expectations they need to meet, all while many times dealing with the stress of time (most foreign musicians/singers need to be in the United States on a specific date, many times causing the O-1B Visa process to be urgent and stressful). In this scenario, a PC can be the actual foreign musician/ singer, the agent, the manager, a single employer in the United States (though rare for a touring musician/singer), and sometimes, the artist’s foreign employer/ representative.
Talent-Based NIVs
THE 2-STEP PROCESS Who you speak to is irrelevant when breaking down the O-1B Visa process, because the O-1B Visa process is, for the most part, a big 2-step process: 1. O-1 Visa Petition (Form I-129, Form I-907 (if necessary) contracts, itinerary, publicity, arguments, and consultation letter); and 2. The O-1 interview abroad at an American Consulate/Embassy (often this step consists of the foreign musician/singer attending a biometrics appointment on the first day and the actual O-1 Visa interview the next day).
Breaking down the O-1B Visa process in this manner makes it easy for a PC to understand your consultation, makes it easier for you to explain your role in the O-1 Visa Petition, and helps set expectations of your client.