Arts & Entertainment
SGG Immigration prepares nonimmigrant and immigrant visas for foreign nationals in the arts and entertainment, including H, O, P, and Q visas as well as permanent residence status through extraordinary ability/achievement first preference petitions.
Pre-production, Production, and Post-production
SGG Immigration has extensive experience working with artists in the pre-production, production, and post-production stages for film, television, gaming, and music industries. We prepare nonimmigrant visas (including H, O, P, and Q visas) as well as permanent residence status through extraordinary ability/achievement first preference petitions for storyboard artists, writers, animation TD, compositors, modelers, graphic artists, art directors, creative directors, character FX artists, FX artists, R&D programmers, rigger, pipeline TDs, sound engineers, and other related positions.
Nonimmigrant (temporary) Visas
A popular nonimmigrant visa option for the arts and entertainment field is the O-1 visa. To qualify in the field of the arts, the foreign national must demonstrate “extraordinary ability” which means “distinction.” Distinction means “a high level of achievement in the field of the arts evidenced by a degree of skill and recognition substantially above that ordinarily encountered to the extent that a person described as prominent is renowned, leading, or well-known in the field of the arts.”
For the entertainment field, the beneficiary must demonstrate extraordinary achievement evidenced by a “degree of skill and recognition significantly above that ordinarily encountered to the extent the person is recognized as outstanding, notable, or leading in the motion picture and/or television field.
In general, a consultation from a peer group is required for the arts and entertainment field. The O-1 visa requires a sponsoring U.S. employer, U.S. agent, or a foreign employer through a U.S. agent.
Evidence that the beneficiary has received a major, internationally-recognized award, such as a Nobel Prize, or evidence of at least (3) three of the following:
- Receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor
- Membership in associations in the field for which classification is sought which require outstanding achievements, as judged by recognized national or international experts in the field
- Published material in professional or major trade publications, newspapers or other major media about the beneficiary and the beneficiary’s work in the field for which classification is sought
- Original scientific, scholarly, or business-related contributions of major significance in the field
- Authorship of scholarly articles in professional journals or other major media in the field for which classification is sought
- A high salary or other remuneration for services as evidenced by contracts or other reliable evidence
- Participation on a panel, or individually, as a judge of the work of others in the same or in a field of specialization allied to that field for which classification is sought
- Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation
** If these standards do not readily apply, the petitioner may submit comparable evidence to establish the foreign national’s eligibility.
SGG Immigration works with management agencies in a wide range of fields in securing the appropriate work visa. Most typically, we help prepare O-1B petitions for management agencies. The O visa program may be filed by a U.S. employer, U.S. agent, or a foreign employer through a U.S. agent.
A U.S. Agent may be the actual employer of the beneficiary, the representative of both the employer and the beneficiary, or a person or entity authorized by the employer to act for, or in place of, the employer as its agent.
Agent for Multiple Employers
Please note that a petitioner who will be filing as an agent for multiple employers must establish that it is duly authorized to act as an agent for the other employers. Other requirements include an itinerary of event(s), contracts between actual employers and the foreign national; and an explanation of the terms and conditions of the employment with required documentation.
Agent Performing the Function of an Employer
An I-129 filed by an agent performing the function of an employer must include a contract agreement between the agent and foreign national and an itinerary if the foreign national will be working in more than one location.
Agent for Foreign Employers
Agents filing I-129 petitions for foreign employers must submit copies of any written contracts between the foreign employer and the beneficiary or a summary of the terms of the oral agreement under which the beneficiary will be employed; an explanation of the nature of the events or activities, the beginning and ending dates for the events or activities, and a copy of any itinerary for the events or activities; and a written advisory opinion from the appropriate consulting entity or entities.