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Performance, Culture, Athletics & Abilities-Based Visas & Green Card

Extraordinary Abilities Deserve Extraordinary Access.
Whether you're a world-class athlete, a celebrated performer, a cultural icon, or a professional with extraordinary ability, the U.S. immigration system provides dedicated visa and green card pathways tailored to your talents. At Birg Law, we guide individuals and organizations through the complex process of securing O, P, and EB-1 visas, ensuring that artists, athletes, coaches, entertainers, and cultural contributors can thrive and share their gifts on a global stage.

O-1A VISA 

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Extraordinary Achievement in Athletics, Education, Sciences or Business.
The O-1A visa is available to those with extraordinary abilities in the sciences, education, business, or athletics who want to continue work in their field in the U.S.

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Requirements

  1. Sustained national or international acclaim in the field of sciences, education, business, or athletics.

  2. Achievements have been recognized through extensive documentation.

  3. The candidate will continue to work in his field in the U.S. 

How to Apply

Your sustained national or international acclaim is demonstrated by submitting at least 3 out of 8 criteria below:

  1. You received nationally or internationally recognized prizes or awards

  2. 2. You have membership in an association that requires outstanding achievement of members

  3. You published materials about yourself in major media or professional publications

  4. You participated on a panel or individually as a judge of the work of others in the same field

  5. You made original scientific, scholarly, or business-related contributions of major significance to your field

  6. You authored scholarly articles in major media or professional publications

  7. You have been employed in a critical capacity for organizations that have a distinguished reputation

  8. You have received a high salary or other enumeration

O-1B VISA 

Extraordinary Ability in the Arts or Extraordinary Achievement in the Motion Picture or Television Industry.  
 

Arts
This visa is available to those who have reached a high level of achievement and distinction in the field of arts.  
 

Cinema or Television
O-1B visa is for those who can demonstrate extraordinary achievement: for example, you are recognized as notable, outstanding, or leading.

Crew, coaches, and staff of O-1 artists or athletes may get an O-2 visa.

Requirements

  1. Has extraordinary ability in the arts which has been demonstrated by sustained national or international acclaim.

  2. Documentation exists that can demonstrate achievements.

  3. The candidate will continue to work in his field in the U.S. 

How to Apply

  1. You need a U.S. employer or a petitioner agency. You may be your own employer. 

  2. Sustained national or international acclaim

  3. Achievements have been recognized in the field / must have documentation

  4. Must be coming to continue work in the area of extraordinary ability

  5. Must meet 3 of 8 criteria below: 

    •  You received nationally or internationally recognized prizes or awards

    • You have membership in an association that requires outstanding achievement of members

    • You published materials about you in major media or professional publications

    • You participated on a panel or individually as a judge of the work of others in the same field

    • You made original scientific, scholarly, or business-related contributions of major significance to your field

    • You authored scholarly articles in major media or professional publications

    • You have been employed in a critical capacity for organizations that have a distinguished reputation

    • You have received a high salary or other enumeration

EB-1A VISA | GREEN CARD

EB-1 Visa


Immigrants of “Extraordinary Ability” in the sciences, arts, education, business, or sport may obtain an EB-1A Visa and a Green Card without any requirements of having an employer, a job offer, or any other business interests in the U.S or abroad, as long as they intend to continue their professional activity in the U.S. and qualify based on meeting at least three out of ten qualifications.

Need to meet 3 out of 10 criteria below

  1. You received nationally or internationally recognized prizes or awards for excellence in your field or profession.

  2. You have a membership in an association (in the field) that demands the outstanding achievement of members.

  3. Articles or other materials about you have been published in major media or professional publications.

  4. You have been asked to judge the work of others, either individually or on a panel of judges.

  5. You have made original contributions in your field – science, art, sport, or business.

  6. You have been the author of scholarly articles in professional publications or major media.

  7. Your work has been displayed at artistic exhibitions or showcases.

  8. You have performed a leading or critical role in distinguished organizations.

  9. You have a high salary or other high compensation compared to others in the field.

  10. You had commercial successes in performing arts.

EB-2 VISA 

National Interest Waiver (NIW)
 

You can get a Green Card through your own business or project, and without
employment-based sponsorship if you and your attorneys can demonstrate that:

  1. Your endeavor is of high worthiness, high standard, high quality,y or high importance.

  2. Your endeavor will substantially benefit the US economy, culture, educational interests, or other US interests.

  3. You are sufficiently able and qualified to advance your endeavor.

Requirements

How to Apply

 

There are two categories under which you may apply:
1) “Advanced Degree”, which is any degree higher than a bachelor's degree.
OR
2) “Exceptional Ability”, which means that you must qualify under at least 3 out of 7 criteria stated below:

  1. Education in the field of expertise (such as a bachelor's degree)

  2. 10 years of work experience

  3. License or certification

  4. Membership in qualification-based professional associations

  5. Recognition of achievements by peers, professionals, or business organizations in the profession, including publications, abstracts, publication citations, invitations to conferences, and similar materials

  6. High salary or other exceptional compensation, such as an award of a grant or monetary prize

  7. Or similar criteria, such as a high business income, ability to hire US employees, having a profession or business activity included in the Critical and Emerging Technologies List by the White House, (link), or other value recognized by the US Government, academia, or other institutions

P-1 VISA

The P-1 visa is a temporary work visa that allows athletes, entertainers, and other performers who are internationally recognized as outstanding in their field to come to the United States to participate in a specific event or performance. The visa is designed to allow these individuals or groups to showcase their talents and skills in the United States and to compete or perform at a high level.


P-1 visa holders can participate in various types of events, such as sporting events, music concerts, theatrical performances, or dance competitions. The P-1 visa is granted for the duration of the event or performance, and the visa holder is allowed to stay in the United States only for the time necessary to complete the event or performance.

Requirements

  • Eligibility: To be eligible for a P-1 visa, you must be an individual or group that is internationally recognized as outstanding in a specific field. This could include athletes, entertainers, and artists.

  • Sponsorship: You must have a U.S. employer or agent to act as your sponsor. The sponsor must file a petition on your behalf with the U.S. Citizenship and Immigration Services (USCIS).

  • Contract: You must have a written contract with the sponsor outlining the terms and conditions of your performance or event.

  • Performance: You must be coming to the United States to perform in a specific event or performance. The event must be internationally recognized.

  • Duration: The P-1 visa is temporary and is granted for the duration of the event or performance.

  • Supporting Documents: You must provide supporting documents, such as proof of international recognition, a detailed itinerary of the event or performance, and evidence of your qualifications and experience in the field.

  • No Dual Intent: You must not have the intention to immigrate permanently to the United States.

How to Apply

  • Find a U.S. sponsor: You must have a U.S. employer or agent to act as your sponsor. The sponsor must file a petition on your behalf with the U.S. Citizenship and Immigration Services (USCIS).

  • Gather supporting documents: You must provide supporting documents, such as proof of international recognition, a detailed itinerary of the event or performance, and evidence of your qualifications and experience in the field.

  • File the petition: Your sponsor must file Form I-129, Petition for Nonimmigrant Worker, with the USCIS. The petition should include all supporting documents and the filing fee.

  • Attend a visa interview if you are in your home country: After the petition is approved by USCIS, you must schedule a visa interview at a U.S. embassy or consulate in your home country. You will need to provide additional documents and undergo a biometric screening.

  • Wait for visa approval: If your visa application is approved, you will receive your P-1 visa, which will allow you to enter the United States and participate in the event or performance.

P-3 VISA

Artists or Entertainers Coming to the U.S. as Part of a Culturally Unique Program.

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Requirements

  1. You need an employer, agent, or some petitioning organization or business in the U.S. Must provide a contract with the employer or agency.

  2. This applies to you if you are coming to perform, teach, or coach as an artist or entertainer, individually or as part of a group under a culturally unique program.

  3. This visa applies to traditional ethnic, folk, cultural, musical, theatrical, or artistic performances or presentations.

  4. The program may be commercial or amateur in nature. Examples:

    • Folk music singers come to perform in clubs, restaurants or concerts in the U.S.

    • Dance groups coming to perform an ethnic or culturally unique dance

    • Singing coach is coming to teach folk songs

Term: 1 year with increments of 1-year extensions.

Essential support personnel get a P-3 visa also.

How to Apply

  • The process for obtaining a P-1 visa begins with getting sponsorship and invitation from a U.S. employer, agent, or organization hosting the event or performance. Once sponsored, the respective application with the supporting documents is filed with USCIS.

  • Supporting documentation is crucial in this process, as the petitioner must submit evidence confirming the applicant's outstanding ability and international recognition. This documentation may include awards, press clippings, contracts, and letters of recommendation.

  • Upon approval, the applicant applies for a P-1 visa at the U.S. embassy or consulate or change of status if in the U.S.

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