There are various different types of employment visas that allow non-citizens to temporarily work and live in the United States. One type is the O-1B visa, which is also referred to as the US artist visa. This is available for foreign artists in certain industries to live and work in the US if they meet certain requirements. Recently, the United States Citizenship and Immigration Services (USCIS) issued new eligibility requirements for the O-1B visa. If you’re considering applying for this visa or another employment visa, you might wonder if you meet these new qualifications. Our knowledgeable law firm has all the answers you’re looking for! Continue reading this blog to learn more about this, or reach out to an Employment Visa Attorney in New York City who can provide individualized legal counseling.


In early March 2023, the USCIS announced that they are modifying the eligibility requirements for O-1B visas. Most of the requirements are still the same. For example, artists who have won a highly acclaimed award (like a Grammy or Oscar) are automatically eligible for this type of visa because that achievement proves that your work has been recognized. The new policy has a chart that specifies examples of artists who could be eligible for this visa. Also, this new policy further details evidence that can be used in your O-1B visa application. This makes it much easier for artists to determine if they meet the eligibility requirements for an O-1B visa. Before this policy, an applicant would need to meet three of these qualifications:

  • Played a leading role in an art production, a television show, or a film
  • Gained national or international recognition from publications about you
  • Was an important member of a highly acclaimed production in the arts industries
  • Praised by critics and key members of the industry
  • Paid highly for their work in the industry


To obtain an O-1B visa, an employer in the United States must first hire you and initiate the visa application. An employer must be sponsoring you in order to use an O-1B visa. An immigration lawyer can help you file all the required documents you’ll need. You’ll also need to attend an interview at a US embassy. If you’re able to obtain an O-1B visa, you should be aware that this visa lasts three years, and you can travel in and out of the country during this time. If you want to stay in the US longer, you’ll need to ask your employer to extend your visa.

Are you a non-citizen who is looking to live and work in the United States temporarily? If so, you should speak with a dedicated immigration lawyer who can help you to determine your best options. Thankfully, our highly experienced legal team is on your side every step of the way! Contact the Law Offices of Cheryl R. David today for an initial consultation.