Everyday life is filled with images—from advertisements in the subway and inside magazines and on billboards to artwork and visual designs on websites, t-shirts, product packaging, book covers, and, okay, pretty much everywhere else. We can thank graphic designers and art and creative directors for using their talents to come up with the overall creative vision and design of all those images we see on a daily basis.
Read moreImmigration and Beignets: Highlights of the AILA Annual Conference June 2017
Last week, I attended my very first American Immigration Lawyers Association (AILA) annual conference. Lucky for me, it was in New Orleans, a city I have long wanted to visit. Protima and I had a great time touring the city, eating delicious food, and, oh yes, learning about immigration law! Being an AILA conference beginner, there was a lot to take in—four full days of panels was both exciting and exhausting. Here are some highlights of the experience.
Read moreVisa Options for Entrepreneurs
Sometimes US immigration law doesn’t provide clear visa options for people looking to work in America. These individuals are daunted by the process, and as attorneys we often feel like we are trying to fit a round peg into a square hole. But at other times, thankfully, there is more than one option for a client and so it’s our job to talk them through the choices to see which is the overall best fit. This can happen, in particular, with some entrepreneurs who are interested in opening up their own business in the US.
Read moreO-1 Visas: Not Just For Artists
One of the most common visa types our law firm prepares is the O-1 for individuals with extraordinary ability or achievement. The O-1 is a temporary work visa granted in three-year increments with one-year extensions—allowing individuals of extraordinary ability to work in the United States for a single employer or sponsor. We’ve written a great deal about the O-1, from highlighting common misconceptions to imagining an O-1 consultation with a certain undersea character; however, one common misconception we have not spent a lot of time correcting is the assumption that O-1 visas are only for “artists.” While many artists are covered under this visa category, the defining characteristic of the O-1 is actually “extraordinary ability,” a distinction that can be made in nearly any field or industry.
Read moreUnion and Peer Group Consultation Letters for O Visa Petitions: a Q&A
Obtaining a US work visa can be a complex and daunting process. To obtain an O-1, for example, petitioners/sponsors must gather evidence to establish that the foreign national they wish to employ or represent is extraordinary. This evidence may include press citations, critical reviews, samples of the foreign national’s work, contracts, endorsements, testimonials, and evidence of high salary, among other items. So it’s understandable that after all the evidence is obtained and the O-1 petition is prepared and signed, many petitioners and their foreign national beneficiaries are surprised to find out that before their cases can be filed with US Citizenship & Immigration Services (USCIS), the petitioner/sponsor needs to obtain a “consultation letter” from a relevant labor organization or peer group.
Read moreO-1 Visas for Chefs: A Recipe
Many foreign nationals work in the US culinary industry. Of course, this is not surprising since American cuisine has long been influenced by culinary traditions from around the world. While there are a number of visa options that may be suitable for restaurant workers, in this post we are focusing on one of the most common visas available for highly talented chefs, bakers, and front of house staff. That’s the O-1B, for artists of extraordinary ability. (Yes, chefs are artists too!) We’ve previously discussed the O-1 generally and specifically for the TV and film industry, but for those culinary talents considering visa options for the US, we have an O-1 recipe for you! (Okay, this is a little silly, but we’re always looking for new ways to explain complex visas processes.)
Read moreVisa Options for TV and Film Actors and Performers
We have previously covered special considerations for film and television visas, 10 things to remember about the I visa, and 10 common questions about O visas for the film and television industry. We even dissected some interesting fact patterns for the P-1 and O-1 visas. But let’s rewind, refresh, and simplify, shall we?
Read moreKey Differences between EB-1-1 Immigrant Petitions and O-1 Nonimmigrant Petitions
Jessica, a third year law student at Fordham University School of Law, is our fall associate. She is currently the Senior Notes Editor for the Fordham Journal of Corporate and Financial Law and a student attorney at the Immigrant Rights Clinic.
We regularly work with “extraordinary” individuals. And we don’t just mean “extraordinary” in the normal sense of the word—rare, phenomenal, and special—but also the type of “extraordinary” that fits US Citizenship & Immigration Service’s (USCIS) legal standard. That’s right, we’re talking about the O-1 nonimmigrant visa classification for individuals with “extraordinary” ability or achievement and the EB-1-1 immigrant visa classification for individuals who demonstrate “extraordinary” ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim.
Read moreAll about Visa Reciprocity
Reciprocity is a principle of international law stating that the benefits, privileges, and penalties granted by one country to citizens of another country should be returned in-kind when the reverse occurs. In immigration law, this means that when a foreign government imposes certain fees or conditions on US citizens for certain visa types, the US government will impose the same fees or conditions on nationals of that country for similar visa types.
Read moreO Visas for the Film and Television Industry: 10 Common Questions (and Answers)
So you’re a German production company looking to shoot a feature film in the United States, or an Australian actor who has been hired for a recurring role in an American television series. You’ve done a little research, possibly read our previous post on special considerations for film and television visas or common O-1 misconceptions, and now you realize that you and/or your production team are in need of O visas. (Almost any foreign national working on commercial or entertainment film or television projects in the US, for any length of time, will need an O-1 or O-2 visa.)
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