Demonstrating Distinction for O-1 Visa Artists, Musicians and Entertainers

The O-1 Visa provides an immigration option to foreign national artists, musicians, & entertainers who have “distinction” within their discipline.

So, what does distinction mean?

Distinction is defined as “a high level of achievement in the field of arts evidenced by a degree of skill and recognition substantially above that ordinarily encountered to the extent that a person described as prominent is renowned, leading, or well-known in the field of arts.”  8 CFR §214.2(o)(3)(ii).

That probably doesn’t help too much, does it?   So, how does one demonstrate distinction to the USCIS?

By receiving a significant national or international award (i.e Academy Award, Emmy, Grammy, or Director’s Guild Award), or meeting at least three of the following criteria:

  • Has performed, or will perform, services as a lead/staring participant in productions/events with distinguished reputations as shown by critical reviews, ads, publicity releases, publications, contracts, or endorsements;
  • National/international recognition for achievements through critical reviews, other published materials by or about the beneficiary in major papers, trade journals/magazines, etc.;
  • Has performed in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation evidenced by media articles, testimonials, etc.;
  • Has a record of major commercial or critically acclaimed success;
  • Has achieved significant recognition from organizations, critics, government agencies, recognized experts; or
  • Has commanded or will command a high salary/other remuneration in relation to others in the field.[1]
Knowing what the regulations state, and what they actually mean – or how they apply in reality – are two different things.  If you believe you have distinction, please do not hesitate to contact an O-1b visa lawyer.


[1] 8 CFR §214.2(o)(3)(iv)

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