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Merit-based classification

O-1B Extraordinary Achievement in the Arts or Motion Picture / Television

O-1B in the arts applies a 'distinction' standard — a high level of achievement substantially above that ordinarily encountered — rather than the acclaim standard used for O-1A. Motion picture and television petitions follow a separate criteria list and require a consultation from both a labor union and a management organisation. The evidentiary vocabulary is reviews, billing, credits and box office rather than citations and patents.

Governing standard

Distinction standard with six criteria; MPTV uses a separate track

8 CFR 214.2(o)(3)(iv) and (o)(3)(v)

Denial rate after RFE
12.8%
Median processing
58 days
Form
I-129
Initial RFE rate
26.1%
Median exhibit pages
240
Manual assembly
14 hrs
On Docket Build
38 min

Statutory criteria

What the record has to establish.

Each element below is a mapped criterion in the Docket Build criteria pack, with its citation and the evidence types that satisfy it.

01

Lead or starring role in distinguished productions

(o)(3)(iv)(B)(1)

  • Billing
  • Contracts
  • Publicity releases
  • Reviews
02

National or international recognition

(B)(2)

  • Critical reviews
  • Major newspaper and trade coverage
03

Lead role for distinguished organisations

(B)(3)

  • Engagement letters
  • Organisation reputation evidence
04

Record of major commercial or critical success

(B)(4)

  • Box office
  • Ratings
  • Sales figures
  • Chart positions
05

Significant recognition from experts

(B)(5)

  • Testimonials with author credentials
06

High salary relative to others in the field

(B)(6)

  • Contracts
  • Union rate cards
  • Comparative compensation

Failure modes

What actually draws a request on a O-1B.

Compiled from the request language our customers record on their own matters and from published AAO decisions in this classification.

Full RFE trends hub
  • Consultation letter that does not address the specific engagement
  • Reviews of the production rather than of the beneficiary
  • Itinerary that does not cover the full requested validity period
  • Undated press clippings or clippings without an identified outlet

Document checklist

What a complete filing carries.

Full printable checklist →

Consultations

  • Labor union consultation

    Required for MPTV; strongly advised for arts

  • Management organisation consultationwhere applicable

    MPTV petitions only

Achievement evidence

  • Reviews and press with translations

    Publication, date, author and circulation for each

  • Credits, billing and programmes

    Showing the beneficiary's position in the production

  • Commercial performance recordswhere applicable

    Box office, streaming, chart or ratings data

  • Expert testimonial letters

    With the author's credentials in the same discipline

Engagement and forms

  • Contracts and deal memos

    For each engagement in the requested period

  • Itinerary of events

    Dates, venues and roles

  • Form I-129 with O supplement and G-28

    Cross-checked against the itinerary

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Software for licensed attorneys. Not legal advice.

Docket Build is legal technology software designed for use by licensed attorneys and legal professionals. Docket Build does not provide legal advice, does not practice law, and does not create an attorney–client relationship. All legal theories, filings, and petitions must be reviewed and approved by a qualified attorney.