Legal Question in Immigration Law in California

Re: Entertainment

You may be able to potentially "sponsor yourself" as an Alien of Extraordinary Ability ("EB-1"), assuming that you qualify. For this type of petition you do not need to have a sponsoring employer, you merely sponsor yourself.

EB-1 Eligibility and Filing

Aliens with extraordinary ability are those with "extraordinary ability in the arts or business which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation." You must be one of "that small percentage who have risen to the very top of the field of endeavor," to be granted this classification. For example, if you receive a major internationally recognized award, you will qualify for an EB-1 classification. Since few workers receive this type of award, alternative evidence of EB-1 classification based on at least three of the types of evidence outlined below, is permitted. The worker may submit "other comparable evidence" if the following criteria do not apply:

Receipt of lesser nationally or internationally recognized prizes or awards for excellence;

Membership in associations in the field which demand outstanding achievement of their members;

Published material about the alien in professional or major trade publications or other major media;

Evidence that the alien has judged the work of others, either individually or on a panel;

Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field;

Evidence of the alien's authorship of scholarly articles in professional or major trade publications or other major media;

Evidence that the alien's work has been displayed at artistic exhibitions or showcases;

Performance of a leading or critical role in distinguished organizations;

Evidence that the alien commands a high salary or other significantly high remuneration in relation to others in the field;

Evidence of commercial successes in the performing arts.

Please contact our offices if you require further assistance.

Re: Entertainment

Dear Daisy:

Since you are not a green card holder (and you may not even be contemplating a green card petition/application at this juncture, you may want to consider a change of status to O-1 nonimmigrant visa classification.

The O-1 would allow you to work with an organization or agent (which would be a strategy in an of itself that we would need to discuss with you) assuming that you qualify.

O-1 classification for performing artists and actors and models can be demonstrated by showing mere (national or international) "distinction" in the field. Part of the petition process requires you to obtain a consultation certification from a labor organization that there is no objection to your proposed work in the U.S. since your proposed services will not displace U.S. workers.

Evidence for such classification that would be helpful would be:

Receipt of lesser nationally or internationally recognized prizes or awards for excellence;

Membership in associations in the field which demand outstanding achievement of their members;

Published material about the alien in professional or major trade publications or other major media;

Evidence that the alien has judged the work of others, either individually or on a panel;

Evidence of the alien's original scholarly, artistic, athletic, or related contributions of major significance to the field;

Evidence of the alien's authorship of scholarly articles in professional or major trade publications or other major media;

Evidence that the alien's work has been displayed at artistic exhibitions or showcases;

Performance of a leading or critical role in distinguished organizations;

Evidence that the alien commands a high salary or other significantly high remuneration in relation to others in the field;

Evidence of commercial successes in the performing arts.

Please contact our offices or visit us on the worldwide web at www.visaserve.com if you require further assistance.

We have offices in New York City and in Upper Saddle River, New Jersey. We also have a corresponding office in Los Angeles, California.

We do most of our work with clients over the internet.

Please feel free to contact us to schedule a video conference or telephone conference regarding your matter.