O-1B Application Requirements and Six Criteria of Evidence

In O-1B, the distinction standard is applied for arts and the extraordinary achievement standard is applied for cinema and television. Winning a significant national or international award or qualifying nomination may be a means of evidence. Alternatively, evidence is presented that meets at least three of the six criteria in the regulation; The total record must demonstrate the required level of achievement. ¹

1. Leading or important role in a well-known production or event

Past or planned work as a leading or featured participant in productions or events of distinguished reputation may be considered. Relevant reputation and role; indicated by reviews, advertisements, publications, contracts or other appropriate records. ¹

Not every participation is a leading or featured role. The presence of the person's name in the program may not alone explain the nature of the role. The importance of the production and the person's duty should be shown separately. ¹²

2. National or international recognition of achievements

Reviews and published materials in major newspapers, professional publications, magazines, or other appropriate venues may indicate recognition of achievement. It should be understood to whom and to what success the content relates. ¹

Instead of just providing a list of links in the press file, the date, publication, author and relevant content should be prepared. Paid promotion or one's own biography should not be presented as independent criticism. ²

3. Major or critical role in recognized organizations

A major, prominent or critical role may be considered in organizations or businesses with distinguished reputations. The reputation of the organization and the importance of the individual's role are proven separately. ¹

Contracts and job descriptions show why the person is important, while individual materials can explain the nature of the organization. Holding any junior role in a large organization does not automatically meet the criteria. ¹

4. Major commercial or critical success

Significant records of commercial success or critical recognition may be used. Context and reliable source of box office, viewership, sales, rankings, or similar data should be shown. Not every seemingly high number alone proves the necessary success. ¹

The relationship between the success of the project and the applicant should be explained. It is not right to present all the income of the company or production as one's personal success or salary. ²

5. Significant recognition by organization, reviewer or recognized experts

Significant recognition from organizations, reviewers, government agencies, or recognized experts in the relevant field may be considered. It is important that the statement is based on concrete success and demonstrates the competence of the opinion holder. ¹

Instead of a general letter of praise, it should be explained which job is considered important and why. If the author does not have first-hand knowledge, it should not be written as if he/she does. Independent evaluation and a close working relationship must be distinguished honestly. ²

6. High fee or significant payment

It may be considered that a high fee or significant payment has been received or agreed upon in appropriate comparison with others in the field. Contracts and reliable comparison data are available. ¹

A single project fee should not be confused with annual income, nor should the gross production budget be confused with one's own payment. Task, market, currency and pay period must be compared accurately. ¹²

Comparable evidence for art

Comparable evidence may be presented in certain cases where the relevant criteria in art files do not easily apply to the profession. This is not a free alternative whenever the criteria do not suit; The justification must be explained. The same general option of comparable evidence does not apply to cinema and television cases. ¹

Advisory opinion and business plan

In addition to evidence of success, the appropriate applicant, the real US job and the necessary consultation conditions are evaluated. It may be different from which organizations to get opinions regarding art and cinema-television files. Especially for cinema and television, labor organization and management organization conditions should be checked separately. ¹

The contract or appropriate verbal agreement summary and work schedule should show actual work. O-1B is not self-petition or unrestricted freelance work. The presence of three criteria and a positive opinion does not mean automatic approval of the entire file. ¹