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Impact of New U.S. Guidance for O-1B Visa On TV and Movie Industries
This year's update from the U.S. Citizenship and Immigration Service (USCIS) for O-1B visa petitions has knock-on effects for the movie and TV industries. The update has clarified the correct standard of adjudication for an individual with both elements of an O-1B artist and O-1B motion-picture-and-television-industry (MPTV) classification, meaning situations where a foreign national will be working in the U.S. as an artist, but some of their work will be in MPTV.
The USCIS has also updated its definition of what constitutes an MPTV production as new forms of media are developed, especially in consideration of emerging online content.
The O-1 visa is designed to provide non-immigrant status and work authorization for individuals who can demonstrate that they have extraordinary ability in the sciences, arts, education, business or athletics by fulfilling certain specific criteria. The O-1 category is subdivided into two main categories: O-1A applications for those with extraordinary ability in the sciences, education, business or athletics; and O-1B for those involved in the arts.
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