O-1B visas are for individuals in the arts or the motion picture or television (“MPTV”) industry.

Streaming movies, web series, commercials, and other programs with formats that correspond to more traditional motion picture and television productions generally fall within the MPTV industry’s purview.  Static web materials and self-produced video blogs and social media content generally do not fall into the MPTV category.

O-1B visa applicants must satisfy one of the following requirements:

• Arts:  Extraordinary ability (“distinction”) in the field of endeavor manifested by a high level of achievement in the arts and sustained national or international acclaim, which is evidenced by a degree of skill and recognition substantially above that ordinarily encountered, such that the visa applicant is prominent, renowned, leading, or well-known in the field of arts
• Motion Pictures or Television:  Extraordinary achievement manifested by a very high level of accomplishment in the motion picture or television industry, as evidenced by a degree of skill and recognition significantly above that ordinarily encountered, such that the visa applicant is recognized as outstanding, notable or leading in the field

The following evidence can be used to demonstrate eligibility for an O-1B visa:

• Evidence that the visa applicant has received, or been nominated for, a significant national or international award or prize in the particular field (such as an Academy Award, Emmy, Grammy, or Director’s Guild Award)
• Evidence that the visa applicant has 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
• Evidence that the visa applicant has achieved national or international recognition for achievements evidenced by critical reviews or other published materials by or about the visa applicant in major newspapers, trade journals, magazines, or other publication
• Evidence that the visa applicant has performed, and will perform, in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation evidenced by articles in newspapers, trade journals, publications, or testimonials
• Evidence that the visa applicant has a record of major commercial or critically acclaimed successes as evidenced by such indicators as title, rating, standing in the field, box office receipts, motion pictures or television ratings, and other occupational achievements reported in trade journals, major newspapers, or other publications
• Evidence that the visa applicant has received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field in which the visa applicant is engaged.
• Evidence that the visa applicant has either commanded a high salary or will command a high salary or other substantial remuneration for services in relation to others in the field, as evidenced by contracts or other reliable evidence