EB-1 Visa Based on Extraordinary Ability in the Arts

To obtain an EB-1 visa based on extraordinary ability in the arts, an individual must meet the eligibility requirements set forth by the United States Citizenship and Immigration Services (USCIS). These requirements are as follows:

1. The individual must demonstrate extraordinary ability in the arts by providing evidence of sustained national or international acclaim. This can be demonstrated through awards, published material, media recognition, and other forms of evidence.
2. The individual must be seeking to enter the United States to work in their area of extraordinary ability in the arts.
3. The individual’s entry into the United States must benefit the country by enhancing the cultural or artistic landscape.

Additionally, the individual must meet the threshold of at least three out of the ten criteria outlined by the USCIS to demonstrate their extraordinary ability in the arts. These criteria include:

1. Receipt of lesser-known national or international prizes or awards for excellence in the field of arts.
2. Membership in professional associations in the field of arts.
3. Published material about the individual in major newspapers, trade journals, or other publications.
4. Participation in judging the work of others in the field of arts.
5. Original contributions of major significance in the field of arts.
6. Authorship of scholarly articles in the field of arts in professional journals or other major media.
7. Display of work in exhibitions or showcases.
8. Commercial or critical success achieved through artistic exhibits or showcases.
9. High salary or other significant remuneration in relation to others in the field of arts.
10. Performance or creative contributions as a leading or starring participant in productions or events that have a distinguished reputation.

It is important to note that meeting the eligibility requirements for an EB-1 visa based on extraordinary ability in the arts does not guarantee approval of the visa. The USCIS evaluates each application on a case-by-case basis and considers all evidence presented.

If an individual does not meet the eligibility requirements for an EB-1 visa based on extraordinary ability in the arts, they may still be eligible for other types of visas, such as the O-1 visa for individuals with extraordinary ability or the P-1 visa for internationally recognized athletes and performers.

It is strongly recommended that individuals seeking an EB-1 visa or any other type of visa consult with a licensed attorney experienced in immigration law to ensure compliance with all applicable laws and regulations.