O-1B Organizational Critical Role
Satisfy Three Categories From List Below and Claim Your O-1B Visa Today
In this presentation, we’re going to focus in on the O1 visa category – ‘Leading, Starring or Critical Role within an Organization’.
Ok – let’s first go over the precise wording of this category and then break it down from there.
The actual official wording of this category is: – [101(a)(15)(o) and 8 CFR § Sec. 214(o)]
“Performance in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation as shown by articles in newspapers, trade journals, publications, or testimonials. “
For the O1 visa categories, they have been numbered in two sections, firstly the A) section: –
A) Nomination or Win of Major Internationally Recognized Award and then the B) section where there are seven categories.
Categories B1 and B3 are very similar indeed: –
In category B1 – the wording is ‘Services, performed and to be performed, as a lead or starring participant in productions or events which have a distinguished reputation’. In category B3 – the wording is ‘Performance in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation’.
I guess the best way to initially separate them might be to consider one as being in front of the camera, if you will, and the latter category referring to roles behind the camera. Therefore, when considering these O1 visa categories we first need to consider whether your career to date has been to do with working in a leading, starring or critical role behind the scenes on stage.
A good example might be to look at the fashion industry. The model walking down the catwalk is definitely in front the camera, and center of attention. The designer of the clothes is not particularly center of attention, even though his/her clothes most certainly are. Therefore, the model would definitely satisfy O1 visa category B1. The designer would definitely fit in the O1 visa category B3, but the designer could also satisfy O1 visa category B1, if it is their name leading the brand, like Vera Wang, for example. However, designers who design for Vera Wang would only satisfy O1 visa category B3.
If we extend this fashion industry example out a little, we can use this as way to further illustrate the differences between these two O1 visa categories. A fashion photographer working for various magazines would be an O1 visa category B3, because he is working in a leading and critical role, being responsible for the imagery of the magazine. However, like Vera Wang, some photographers can become iconic in their own right and thus may cross over into the O1 visa category B1, because their mere appearance at an event or production generates it’s own publicity buzz.
Many aliens work for prestigious distinguished companies at a very senior level, however in order to satisfy this O1 visa B3 category they must generate press publicity and critical reviews that talk about them as individuals by name and the companies they work for. It is fair to say that many of the aliens in this O1 visa B3 category may not have any press whatsoever, and if they need this B3 category as one of the three O1 visa categories overall, then this will be an area we’ll need to work on.
It may be that we discuss ways to get some articles published, and if necessary, it may be that we consider hiring a publicist to ensure that you have the press you need. Many aliens in the O1 visa B3 category ball park are probably higher earners and therefore may satisfy the O1 visa B6 category (extraordinary pay) along with two other categories, and can avoid this O1 visa B3 category altogether. These are the types of discussions we love having with our clients as we work together to determine which of all the O1 visa categories might be the best fit for them.
I look forward to discussing your O1 visa options and reviewing your notes as to how you think you might satisfy this category.
I hope you found this presentation not only informative but inspirational too. Our goal is to inspire our clients into action and continued success. Take some time to review our testimonials, we’re looking forward to adding many more, maybe yours will be featured there too one day so you can be an inspiration to others. We’ll be waiting for your call. In the next presentation, we’re going to review the ‘Record of Major Commercial or Critical Acclaim’ category.
When you’re ready, please email or call us for a consultation and we’ll go from there.
US Immigration Law Offices of Chris M. Ingram
Chris M. Ingram LL.M., ESQ – Immigration Attorney
Admitted in New York.
Practice Specializing in US Immigration Law
401 Wilshire Boulevard, 12th Floor,
[Cross Streets 4th and Wilshire]
Tel: 310 496 4292
Everyday the Law Offices of Chris M. Ingram provides a comprehensive range of US Immigration expertise. We also provide a free consultation for our prospective clients.
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Specializing in the E2 Visa, EB1 Green Card, L-1A Visa and O1 Visa and K1 Visa Marriage-Based Immigration. Attorney Chris M. Ingram is dedicated to providing the very best in US Immigration legal representation. Enjoy our website.
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