To qualify for an O-1B (MPTV) visa, the petitioner must demonstrate that the beneficiary has a record of extraordinary achievement in motion picture or television productions and is coming to the U.S. to continue working in such productions. The productions themselves do not necessarily have to require someone with extraordinary achievement.
Establishing Eligibility for O-1B MPTV
The supporting documentation for an O-1B (MPTV) petition must include evidence that the beneficiary has received or been nominated for a significant national or international award (such as an Academy Award, Emmy, Grammy, or Director’s Guild Award) or at least three of the following evidentiary criteria:
Evidence that the beneficiary has performed, and will perform, as a lead or starring participant in productions or events that have a distinguished reputation, supported by critical reviews, advertisements, publicity releases, publications, contracts, or endorsements.
Published material in major newspapers, trade journals, magazines, or other publications about the beneficiary’s achievements and recognition in the field.
Evidence of the beneficiary’s lead, starring, or critical role in organizations or establishments with a distinguished reputation, as demonstrated by published materials or testimonials.
Documentation showing the beneficiary’s record of major commercial or critically acclaimed successes, such as box office receipts, motion picture or television ratings, and other industry-recognized achievements.
Evidence that the beneficiary has received significant recognition for their achievements from organizations, critics, government agencies, or other recognized experts in the field.
Documentation proving that the beneficiary commands or will command a high salary or substantial remuneration compared to others in the field.
Unlike other O-1 classifications, comparable evidence is not allowed for MPTV petitions; applicants must meet the listed evidentiary criteria.
2. Evaluating the Totality of the Evidence
After verifying that the evidentiary requirements have been met, USCIS will evaluate all submitted evidence in its entirety to determine whether the beneficiary qualifies as having extraordinary achievement in the motion picture and television industry. Even if some evidence does not directly align with the listed criteria, it may still be considered if it contributes to proving the beneficiary's exceptional standing in the field.
Continued Work in the Motion Picture or Television Industry
A petitioner must also demonstrate that the beneficiary will continue working in the motion picture or television industry. USCIS interprets “area of extraordinary achievement” to encompass any work within the MPTV industry. The proposed work does not have to require someone with a record of extraordinary achievement; it simply needs to be in the industry.
Consultations
A mandatory consultation process exists for all O-1B (MPTV) petitions. The petitioner must provide advisory opinions from:
A labor union representing the beneficiary’s occupational peers.
A management organization in the beneficiary’s field.
USCIS maintains a list of organizations that provide advisory opinions. The advisory opinions should describe the beneficiary’s achievements, whether the proposed role requires an individual of extraordinary achievement, or issue a “no objection” statement.