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gowld • yesterday at 6:29 PM • 1 reply • view on HN

> For traditional arts, you've gotta be good.

> > advertisements, press releases, publications contracts, or endorsements

> > box office receipts or record, cassette, compact disk, or video sales

> > Evidence of having commanded a high salary or other significantly high remuneration for services in relation to others

I fail to see the distinction you are trying to draw. Commercial value and celebrity has always been one of the metrics of "achievement".

The overall gist is that the visa application should be someone who is not easily replaced by an existing local worker that can generate similar value.

Replies

shagie • yesterday at 6:45 PM

The specifics of the law are:

8 CFR 214.2(o)(3) ( https://www.ecfr.gov/current/title-8/part-214/section-214.2#... )

    Extraordinary ability in the field of arts   means distinction. Distinction means 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.

    Extraordinary ability in the field of science, education, business, or athletics   means a level of expertise indicating that the person is one of the small percentage who have arisen to the very top of the field of endeavor.

    Extraordinary achievement   with respect to motion picture and television productions, as commonly defined in the industry, means a very high level of accomplishment in the motion picture or television industry evidenced by a degree of skill and recognition significantly above that ordinarily encountered to the extent that the person is recognized as outstanding, notable, or leading in the motion picture or television field.
The key is that this is extraordinary. About 20,000 O1B visas across all fields ( https://www.passright.com/how-many-o-1-visas-are-issued-each... )

This isn't a local worker thing (the H visas) but rather bringing the best and brightest from across the world to the United States.

https://www.hio.harvard.edu/o-1-visa-individuals-extraordina...

> The O-1 visa is a temporary work visa designated for individuals who have achieved and sustained national or international acclaim for extraordinary ability in the sciences, arts, education, business or athletics, or individuals who have demonstrated a record of extraordinary achievement in the motion picture and television industries.

> O-1 Extraordinary Ability visa status is reserved for those who are among the small percentage of experts who have risen to the top of their field. The approval of an O-1 petition by the United States Citizenship & Immigration Services (USCIS) decides whether an individual qualifies for O-1 classification. This classification requires a substantial amount of evidence. The O-1 is a very complicated visa category subject to high levels of scrutiny by the U.S. government. Due to the complexity, the O-1 visa is used very infrequently.