CASE: I-129 (O-1B Petition)
CLIENT: Korean
LOCATION: Palisades Park, NJ
Our client contacted us in February 2023 about the possibility of getting an O-1B visa in the United States. He is a renowned solo / collaborative clarinetist and is currently working with different performing groups and music establishments. Our client was ranked first place in national competitions and had a chance to perform in Carnegie Hall in New York, one of the most prestigious musical venues in the world. Also, he has performed with various distinguished musical groups such as orchestras and bands. Upon review of his credentials, our office determined that he was qualified for the O-1B visa petition as an alien of extraordinary ability in the Arts.
The regulation at 8 C.F.R. Section 214.2(o)(3)(iv) sets forth a multi-part analysis. First, a petitioner can demonstrate the beneficiary’s recognition in the field through evidence that the alien has been nominated for, or the recipient of, significant national or international awards or prizes in the particular field such as an Academy Award, an Emmy, a Grammy, or a Director’s Guild Award. 8 C.F.R. Section 214.2(o)(3)(iv)(A).
If the petitioner does not submit this evidence, then a petitioner must submit sufficient qualifying evidence that satisfies at least three of the six categories of evidence listed below.
- Performed and will perform services as a lead or starring participant in productions or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications, contracts, or endorsements.
- Achieved national or international recognition for achievements, as shown by critical reviews or other published materials by or about the beneficiary in major newspapers, trade journals, magazines, or other publications
- Performed and will perform in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation as evidenced by articles in newspapers, trade journals, publications, or testimonials.
- A record of major commercial or critically acclaimed successes, as shown by such indicators as title, rating or standing in the field, box office receipts, motion picture or television ratings, and other occupational achievements reported in trade journals, major newspapers, or other publications.
- Received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field in which the beneficiary is engaged, with the testimonials indicating the author’s authority, expertise, and knowledge of the beneficiary’s achievements.
- A high salary or other substantial remuneration for services to others in the field, as shown by contracts or other reliable evidence.
After the review of our client’s credentials and qualifications, we determined that our client meets 4 of the 6 categories, which is more than 3 required as an alien of extraordinary ability in Arts. He performed and will serve as a lead or starring participant in productions or events with a distinguished reputation. He achieved national or international recognition for her achievements, as shown by critical reviews or other published materials by or about the beneficiary in major newspapers, trade journals, magazines, or other publications. He performed and will perform in a critical role for distinguished music groups, musicians, and musical establishments, and he has received significant recognition for his musical, scholarly, and performance achievements from various experts in his field of endeavor.
Our office prepared a 21-page brief for our client’s O-1B filing. Our client also obtained 6 letters of recommendation from experts in his field of endeavor. Our office also included his performance records, awards, media coverage, scholarly achievements, and other materials to show that he is an alien of extraordinary ability in clarinet performance. We additionally contacted the American Guild of Musical Artists and obtained a consultation letter (Advisory Opinion Letter) for his case. Lastly, we included his contracts with various employers and itineraries.
Our office filed his I-129 (O-1B) petition to the USCIS California Service Center via premium processing on May 30, 2023. On June 13, 2023, the USCIS California Service Center approved the I-129 petition for our client’s O-1B visa without any Request for Evidence (RFE).