Law Offices of Chris M. Ingram


O-1B Organizational Critical Role

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O-1B Visa Leading, Starring or Critical Role within an Organization Editorial:

This presentation focuses on individuals who are working in a lead, starring or critical role behind the scenes. Like with the similar categories in the O-1A and the EB1, we need to not only show that you have been critical, but that organizations have distinguished reputations.

These requirements for this category are clearly enumerated in the wording, which is: – [101(a)(15)(o) and 8 CFR § Sec. 214(o)]

Performance in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation as shown by articles in newspapers, trade journals, publications, or testimonials.

Leading into our discussion of this category, it is important to make some further distinctions about the O1-B visa, as they have been numbered in two sections, firstly the A) section: –

A) Nomination or Win of Major Internationally Recognized Award and then the B) section where there are seven categories.

With the B section, we have category B1, which is lead, starring or critical role in a performance or event; and B3, lead, starring or critical within an organization. A very basic way to separate categories B1 and B3 is to consider that B1 will show work in front of the camera, and the B3 will relate to work behind the camera. We will need to determine whether your work has been on stage or behind the scenes. In some cases, you may work both in front of the camera and behind, and that will require us to separate your talents and provide the proper evidence for each category.

Let’s look at an example based on a fashion industry professional. In the fashion industry, you have the models who walk the catwalk showing the designs, but the designer of the clothes is not necessarily the center of attention, despite it being their work on display. In this example, the model would be able to satisfy category B1, where the designer’s evidence would be more appropriate to category B3. If the designer is very well know brand, such as Vera Wang, there could even be an argument that Vera Wang herself satisfies both B1 and B3.  This would only hold true for the individual who the brand is named for. Any designers working for Vera Wang would be able to satisfy the B3 category.

O-1B Visa Leading, Starring or Critical Role within an Organization Commentary:

Many aliens work for prestigious distinguished companies at a very senior level, however in order to satisfy this O-1B visa B3 category they must generate press publicity and critical reviews that talk about them as individuals by name and the companies they work for.  It is fair to say that many of the aliens in this O-1B visa B3 category may not have any press whatsoever, and if they need this B3 category as one of the three O-1B visa categories overall, then this will be an area we’ll need to work on.

It may be that we discuss ways to get some articles published, and if necessary, it may be that we consider hiring a publicist to ensure that you have the press you need. Many aliens in the O-1B visa B3 category ball park are probably higher earners and therefore may satisfy the O-1B visa B6 category (extraordinary pay) along with two other categories, and can avoid this O-1B visa B3 category altogether.  These are the types of discussions we love having with our clients as we work together to determine which of all the O-1B visa categories might be the best fit for them.

I look forward to discussing your O-1B visa options and reviewing your notes as to how you think you might satisfy this category.

I hope you found this presentation not only informative but inspirational too. Our goal is to inspire our clients into action and continued success. Take some time to review our testimonials, we’re looking forward to adding many more, maybe yours will be featured there too one day so you can be an inspiration to others. We’ll be waiting for your call. In the next presentation, we’re going to review the ‘Record of Major Commercial or Critical Acclaim’ category.

When you’re ready, please email or call us for a consultation and we’ll go from there.


Immigration Law Offices of Chris M. Ingram

Immigration Law Offices of Chris M. Ingram

US Immigration Law Offices of Chris M. Ingram
Chris M. Ingram LL.M., ESQ – Immigration Attorney
Admitted in New York.
Practice Specializing in US Immigration Law
401 Wilshire Boulevard, 12th Floor,
Santa Monica,
California 90401
Tel: 442 244 4350

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