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The Artist Visa Guide for work in the US

Information to help artists obtain an O-1 visa to tour in the United States.

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This guide is a step towards de-mystifying the process of obtaining an O-1 visa for artists. The costly and complex application process prevents many international musicians and DJs from performing in the United States, the world's largest music economy.

This project has been brought to you by BASEMENT

(New York), Resident Advisor and Wire Festival (New York).

The FAQ was prepared in April 2024 with the assistance of David Amar, Esq., an immigration attorney and general counsel of the artist support agency Fanfare Projects. No information contained in this FAQ should be construed as legal advice; legal advice can be provided only in the course of an attorney-client relationship with reference to all the facts of a specific situation.

If you would like to get involved or offer feedback, please email us at info@artistvisa.guide.

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0-1 VISA

What is the O-1 visa?

In order to work/perform as a DJ in the US, in nearly all circumstances—even if you’re not getting paid—you will require a work visa. The most common type of visa for DJs or DJ/Producers is the O-1, for “Artists of Extraordinary Ability.” While there are certainly other visa options, this guide to obtaining a visa will focus on the O-1, and should not be taken as legal advice, only general information to help you orient yourself with the process and how to be organized when you take this step in your career.

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What are the costs in applying for a O-1 VISA? Regular processing O-1 VISA cost estimate for all costs, including lawyers, is : $3230 Expedited processing O-1 VISA cost estimate for all costs, including lawyers, is : $6035

What is the purpose of the O-1 visa, and who is it designed for? The O-1 visa is specifically designed for individuals who demonstrate extraordinary ability in their professional fields, including sciences, arts, education, business, athletics, or the motion picture and television industry. The purpose is to allow these high-achieving individuals to work in their field of expertise in the United States, contributing significantly to American society through their exceptional talents.

How does the O-1 visa differ from certain other work visas? Unlike other work visas that may cater to a broader range of skill levels and occupations, the O-1 visa is reserved for individuals who have attained a relatively high level of national or international recognition in their respective fields. It requires applicants to prove their extraordinary abilities through documentation and endorsements from peers—unlike the more commonly known H-1B visa, which is based on specialty occupations but does not require evidence of such high-level recognition and achievement.

Do I need to hire a lawyer or an immigration professional for the O-1 visa process? Not necessarily, but the O-1 application is a complex legal process where having an expert prepare the application and guide the applicant through the process and timeline is highly beneficial.

VISA STEPS

What are the steps in applying for a O-1 VISA?

After collecting all applicable documentation to prove “extraordinary ability” and to prove employment opportunities in the U.S. the official application process begins with a U.S. employer or a U.S.-based agent filing Form I-129, Petition for a Nonimmigrant Worker, on behalf of the individual. This petition includes detailed information about the proposed employment and compelling evidence of the individual's extraordinary ability.

Step 1: Gather Documentation to Establish Extraordinary Ability
  • United States Citizenship and Immigration Services (USCIS), the government organization in charge of reviewing artist visa petitions, will need to see evidence of your career to date. You can think of this as an expanded resume or CV detailing all of your professional experiences and accomplishments as an artist.
     

  • Before you start work on a visa petition, the first step is to get all possible documentation organized. USCIS does not accept audio or video documentation, so you should begin by collecting links to every website, blog, or magazine that has written about your musical career, including critical reviews, tour announcements, and any other relevant online mentions.
     

  • Gather any awards or recognitions you've received throughout your career. This could include awards for your DJ skills, music production, or contributions to the music industry.
     

  • Finally, because live performances will be a big part of the petition, it’s very important to have a comprehensive list of past shows you’ve played, including links to listings, flyers/posters, and/or contracts for as many previous shows as possible.
     

  • Eventually, you’ll need to ask colleagues or mentors to write letters describing your contributions to the DJing community, your professional accomplishments/achievements, and your impact on the industry.
     

  • Essentially, your goal is to present a comprehensive picture of your career, your extraordinary talent and your achievements as a DJ.

FAQ

What are the costs in applying for a O-1 VISA? Regular processing O-1 VISA cost estimate for all costs, including lawyers, is : $3230 Expedited processing O-1 VISA cost estimate for all costs, including lawyers, is : $6035

What qualifies as evidence of extraordinary ability for an O-1 visa application for an artist or musician? Evidence must demonstrate the applicant’s national or international acclaim and recognition in their field. This could include major awards or prizes, press about their work, participation in notable productions and events or for notable organizations and establishments, critical and/or commercial success, significant contributions to their field, testimonials from recognized experts in the field, or high salary relative to others in the field.

How many pieces of evidence are required to prove extraordinary ability? While there is no specific number of documents required, USCIS requires that the applicant provide evidence that meets at least three of the criteria they list for demonstrating extraordinary ability, or in the alternative, evidence of a major award win or nomination (Grammy award or equivalent). The quality of evidence is often more important than the quantity.

Can letters of recommendation or expert opinions be included as part of the documentation? Yes, testimonial letters from peers, government officials, or other experts in the field who can attest to the applicant's achievements are highly valuable.

Is it necessary for the documentation to be recent? While documentation will necessarily reflect past achievements, it’s important that the evidence collectively demonstrates the applicant's current standing as extraordinary in their field and “sustained acclaim.” This means recent documentation and documentation going as far back in time as practical.

How do I document my salary or earnings to show extraordinary ability? Documentation can include contracts, pay stubs, or other evidence of remuneration that demonstrates high earnings in comparison to others in the field. Comparative studies or expert statements can also help contextualize the significance of the compensation.

How important is the presentation of the documentation? Organization and clarity in presenting your documentation are crucial. A well-prepared petition that logically arranges evidence to tell a compelling story of your extraordinary ability will likely have a greater impact.

How should I prepare this documentation? The documentation is eventually mailed in physical copy to USCIS, so the best way to gather evidence for your petition is to compile clear screenshots of evidence like press (showing the publication name, date, and author), listing and flyers for past performances, credits for past production work, metrics like Spotify, Beatport, or YouTube statistics, contracts for past work, letters of intent, and anything else you think might help to support your case. Because live performances will be a big part of any performer’s petition, it’s very important to have a comprehensive list of past shows you’ve played, including links to listings, flyers/posters, and/or contracts for as many previous shows as possible. If you are working with an attorney or other immigration professional, they will likely want to see an organized list of links to any online resources and material so that they can present according to their preferences.

Can I send audio or video recordings? No. Unfortunately, USCIS only accepts hard-copy evidence, so for example, while a screenshot of a YouTube video that clearly shows millions of views can be acceptable, USCIS will not accept a simple link to the video.

DOCUMENTS

What documentation is essential for supporting an O-1 visa petition?

A comprehensive list tailored to the applicant’s specific accomplishments is crucial.

Key documentation to prove extraordinary ability can include evidence of awards and honors, testimonial letters of recommendation from peers or industry leaders, publications or media articles highlighting the individual's achievements, evidence of high salary or remuneration, and contracts or letters of intent from prospective employers.

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copies of written contracts or a summary of agreement between the petitioner and the visa applicant

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an explanation of the nature of events in the U.S. and a copy of an itinerary for the events

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a written advisory opinion

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evidence to prove the applicant’s extraordinary ability

GENERAL FAQ

Frequently Asked Questions

How long does an O-1 visa last? An O-1 visa can last for up to three years, but achieving the maximum duration is not automatic—the applicant needs to provide documentation to prove that they will have regular work in the U.S. throughout the entire requested visa period.

Why is a consultation or advisory opinion necessary, and who provides it? A consultation or advisory opinion from a peer group, labor organization, or a person with expertise in the beneficiary's field provides an independent assessment of the individual's achievements and the job’s requirements. It is a mandatory step in the legal framework surrounding the O-1 visa. This step ensures that the applicant's qualifications are recognized and endorsed by reputable sources within their professional community. USCIS maintains a list of organizations who may provide consultation and/or advisory opinion letters. For example, the proper organization to provide a consultation letter for a musician is the American Federation of Musicians.

What should applicants expect during the O-1 visa interview, and how should they prepare? Applicants should be ready to discuss their professional background, the nature of their work in the U.S., and their extraordinary achievements in detail. Preparation involves reviewing relevant material submitted in the petition, practicing answers to potential questions, and organizing all required documentation for quick reference during the interview. The consular officer will also conduct a routine background check on the applicant, including criminal record history, which must be disclosed in advance of the interview. Applicants must also provide biometrics (fingerprints and photograph) as part of the visa application and interview process.

How do O-1 visa holders extend their stay, or change employers or projects? To extend their stay in the U.S. or change the terms of employment, O-1 visa holders must have their employer or agent file a new Form I-129 with USCIS to “amend” their initially filed petition or extend their stay. This petition should detail the reasons for the extension or change, include new or updated evidence about the new employers or projects, and if applicable, provide updated evidence of the individual’s extraordinary ability as it relates to the new terms. It is important to note that an extension of stay is not an extension of the visa itself.

Can family members accompany O-1 visa holders to the U.S., and what are their rights? Spouses and unmarried children under 21 can apply for O-3 visas to accompany the O-1 visa holder. While they cannot work in the U.S. on an O-3 visa, they are permitted to study and generally receive visas for the same duration as the linked O-1.

What specific achievements or recognitions qualify someone as having 'extraordinary ability'? Extraordinary ability must be proven by showing sustained national or international acclaim, recognized through extensive documentation. This may include prestigious awards, leading or starring roles for distinguished productions or events, published material in major media or professional journals, leading, starring, or critical roles in distinguished organizations or for distinguished establishments, critical or commercial success, significant recognition for their achievements in the form of testimonial letters from recognized experts in their field, high remuneration in comparison to peers, and other comparable evidence.

Can additional working personnel accompany O-1 visa holders to the U.S., and what are their rights? Yes. If an O-2 petition is filed and approved, “essential support” individuals, such as technicians, can receive authorization to work in the U.S. only alongside the O-1 visa holder. The O-2 petition is a separate process from the O-1 petition. While it is not necessary to prove that the O-2 applicants are extraordinary in their field, it is mandatory to prove that the O-2 applicants have experience working with the O-1 visa holder, and that they will have an essential role in the O-1 visa holder’s U.S. activities.

TAKE ACTION

We believe it's time for change. A more inclusive and transparent visa process will benefit not only international electronic artists, but also US audiences who deserve exposure to diverse talents from around the globe.

The US should be a place where audiences have access to the best performances in the world, performances that will come to define generations and epitomise the evolution of musical tastes. Domestic businesses and curators, who work to present the best the world has to offer, can only choose from artists who already have the approval of US Immigration, whereby only successful candidates are able to perform freely in the country. 

 

Shouldn't the businesses taking the financial risk of bringing artists to the US be able to decide who they think is worth that risk? Wouldn't our event bills be more diverse and representative of the now global musical conversation if openers were allowed into the country with a venue’s support despite being an emerging artist who can’t meet the US Government’s definition of "professional" and of "special ability".

If you would like to get involved or offer feedback, please email us at info@artistvisa.guide.

ABOUT

The costly and complex artist visa process prevents many international musicians and DJs from performing in the United States, the world's largest music economy. The O-1 visa, a three-year permit for touring artists who regularly get booked stateside, can cost thousands of dollars to apply, inclusive of legal fees. Delays are common and results are never guaranteed. The cumbersome and bureaucratic undertaking weighs on the entire US music industry and limits the country's cultural dialogue with other music markets.

 

Created by Basement (NYC), Resident Advisor and Wire Festival (NYC), this free guide aims to act as a first step towards de-mystifying the process of obtaining an O-1 visa. We will continue to drive this initiative by making resources widely available, providing practical policy proposals with advocacy tools, and free legal advice to artists with a dedicated fund.

If you would like to get involved or offer feedback, please email us at info@artistvisa.guide.

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