An O-1 work visa is granted to “Individuals with Extraordinary Ability or Achievement.” Our Israeli law firm in Tel Aviv specializes in obtaining US immigration and work visas. Senior partner Jamie Cohen shares a case story that illustrates the process of obtaining an O-1 work visa to the United States.
A Popular Israeli TV Show granted O-1 Work Visas to the US
A specific Israeli TV show decided to do part of its filming in the United States. This immediately presents US visa problems. Work performed in the United States requires the appropriate immigration status and employment authorization, including when the employer or production company is foreign. Each participant’s role and planned activities must therefore be reviewed to determine the proper visa classification. The US visa system includes O classifications for qualifying work in the arts and television industry. For the O-1 visa, the applicant must prove they meet the tests of having an extraordinary ability. This usually proves to be the biggest challenge for O-1 applicants, although, in this case, it was the most straightforward part of the case.
How do you determine "Extraordinary ability" for O-1 Work Visa?
Work performed in the United States requires the appropriate immigration status and employment authorization; the correct classification depends on the person’s role and activities.
This Israeli show had won Israeli academy awards, known as the Ophir awards in Hebrew. A major nationally or internationally recognized award can satisfy the O-1 evidentiary standard for the individual who received it. Awards received by a production may also support a petition, but eligibility must still be established for the particular beneficiary. In this case, the show’s awards formed part of the evidence supporting the producer’s O-1 petition. Yet, what made this case challenging was seeking similar visas for the multi-person production crew from Israel.
US visa regulations provide a different visa for those accompanying an O-1 extraordinary person, i.e., an O-2 visa. In this case, crew members who qualified as essential support personnel sought O-2 classification; each person’s eligibility had to be established separately. In addition, multiple tests are applied to O-2 applicants, e.g., they must be critical to the performance of the O-1 applicant; they must have worked previously with the O-1 applicant or be part of a work process that predates entering the US for work. Thus, for each person, proof was provided to show the work of the applicant and their connection to the current production.
Challenges specific to O-1 Work Visa applications
O visa petitions generally require a written advisory opinion from the appropriate US peer group, labor organization, or management organization, unless a regulatory exception applies. The consultation is evidence considered by USCIS; the organization does not approve or deny the visa. In the present case, consultations were sought from several organizations because different groups in the US represented the occupational fields involved. For example, in this case, there are screenwriters, producers, actors, camera operators, directors, etc. The required consultation materials had to be obtained and included with the USCIS petition. In addition, the case was very time sensitive because filming was to begin soon after the case submission.
Expedited process for approval of O-1 Visas
After consultation with the relevant organizations, the required advisory opinions were obtained. Next, the case was submitted to the United States Citizenship and Immigration Services (USCIS) and was approved quickly, using USCIS premium processing after payment of the applicable fee. Finally, a visa application for each individual (separate from the original petition) had to be submitted to the US Embassy in Tel Aviv for interviews and approval. We had notified the US embassy previously about the case because of the large number of workers. The embassy proved very accommodating and gave the crew special days for the interview process. In the end, everyone was approved, and the TV production crew successfully filmed its new TV show in the United States.
For an individual assessment of O-1 eligibility and the petition route, request a consultation.