O-1B Part 1: Why Do People Get This O-1B Criterion Wrong?

For those of you considering viable options to the H-1B cap we will be doing a deep-dive into the O-1B and O-1A criteria over the next couple of weeks.

One of the criterion for the O-1B that causes the most confusion is evidence that the foreign national “has performed, and will perform, services as a lead or starring participant in productions or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications contracts, or endorsements.”

What’s so difficult about this criterion? Why do so many people get it wrong?

Takeaways

• Read the regulations and requirements in their entirety to avoid confusion and mistakes.
• Ensure that both past and future performances are listed as lead or starring roles.
• Establish that productions  ...