How Can a Hairstylist Get an O-1 Visa to the United States?

What is required for Barbers, Hairstylists, and Cosmetologists to qualify for an O-1 visa? Members of these professions who are looking to enter the U.S. on an O-1 visa will have to prove that they possess extraordinary ability in their respective fields.

The O-1 visa is a nonimmigrant visa for individuals who have extraordinary ability in the arts, sciences, education, business, or athletics, or who have a demonstrated record of extraordinary achievement in the motion picture or television industry and have been recognized nationally or internationally for those achievements. See below for eligibility requirements.

To qualify for an O-1 visa as a hairstylist, you must be able to demonstrate extraordinary ability in the field through sustained national or international acclaim and recognition for your achievements. This may include awards, prizes, or other recognized forms of recognition in the field, as well as evidence of your professional experience and accomplishments.

To apply for an O-1 visa, you will need to provide evidence of your extraordinary ability, as well as a job offer from a U.S. employer. Your employer will need to file a petition with U.S. Citizenship and Immigration Services (USCIS) on your behalf, along with the required documentation and fees.

It is important to note that the O-1 visa is a highly competitive category, and you will need to provide strong evidence of your extraordinary ability to be successful. It is recommended that you consult with an immigration lawyer to ensure that your application is properly prepared and meets all the requirements for approval.

Does the O-1 visa require an employer to sponsor the visa for a hairstylist?

Yes, in order to apply for an O-1 visa as a hair stylist, you will need to have a job offer from a U.S. employer. Your employer will be required to sponsor your O-1 visa by filing a petition with U.S. Citizenship and Immigration Services (USCIS) on your behalf.

Establishing eligibility for O-1 visa cases:

Establishing Eligibility in O-1A Beneficiaries in Sciences, Education, Business, or Athletics:

In support of an O-1A Petition for a Nonimmigrant Worker (Form I-129), the petitioner must establish that the beneficiary:

• Has extraordinary ability in the sciences, education, business, or athletics, which has been demonstrated by sustained national or international acclaim;
• Has achievements that have been recognized in the field through extensive documentation; and
• Is coming to continue work in the area of extraordinary ability (but not necessarily that the particular duties to be performed require someone of such extraordinary ability).

Supporting Documentation in O-1A category

The supporting documentation for an O-1A petition must include evidence that the beneficiary has received a major internationally recognized award (such as the Nobel Prize) or at least three of the following forms of evidence:

• Documentation of the beneficiary’s receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
• Documentation of the beneficiary’s membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;
• Published material in professional or major trade publications or major media about the beneficiary, relating to the beneficiary’s work in the field for which classification is sought, which must include the title, date, and author of such published material, and any necessary translation;
• Evidence of the beneficiary’s participation on a panel, or individually, as a judge of the work of others in the same or in an allied field of specialization for which classification is sought;
• Evidence of the beneficiary’s original scientific, scholarly, or business-related contributions of major significance in the field;
• Evidence of the beneficiary’s authorship of scholarly articles in the field, in professional journals, or other major media;
• Evidence that the beneficiary has been employed in a critical or essential capacity for organizations and establishments that have a distinguished reputation; or
• Evidence that the beneficiary has either commanded a high salary or will command a high salary or other remuneration for services, as evidenced by contracts or other reliable evidence.

Establishing eligibility for O-1B Beneficiaries in the Arts

In support of an O-1B (Arts) Petition for a Nonimmigrant Worker (Form I-129), the petitioner must establish that the beneficiary:

• Has extraordinary ability in the arts which has been demonstrated by sustained national or international acclaim;
• Has achievements that have been recognized in the field through extensive documentation; and
• Is coming to work in the area of extraordinary ability (but not necessarily that the particular duties to be performed require someone of such extraordinary ability).

The supporting documentation for an O-1B (Arts)

The supporting documentation for an O-1B (Arts) petition must include evidence that the beneficiary has received, or been nominated for, a significant national or international award in the particular field (such as an Academy Award, Emmy, Grammy, or Director’s Guild Award) or at least three of the following forms of evidence:

• Evidence that the beneficiary has performed, and will perform, services as a lead or starring participant in productions or events that have a distinguished reputation, as evidenced by critical reviews, advertisements, publicity releases, publications, contracts, or endorsements;
• Evidence that the beneficiary has achieved national or international recognition for achievements, as evidenced by critical reviews or other published materials by or about the beneficiary in major newspapers, trade journals, magazines, or other publications;
• Evidence that the beneficiary has performed, and will perform, in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation, as evidenced by articles in newspapers, trade journals, publications, or testimonials;
• Evidence that the beneficiary has a record of major commercial or critically acclaimed successes, as evidenced by such indicators as title, rating, standing in the field, box office receipts, motion pictures or television ratings, and other occupational achievements reported in trade journals, major newspapers, or other publications;
• Evidence that the beneficiary has received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field in which the beneficiary is engaged. Such testimonials must be in a form that clearly indicates the author’s authority, expertise, and knowledge of the beneficiary’s achievements; or
• Evidence that the beneficiary has either commanded a high salary or will command a high salary or other substantial remuneration for services in relation to others in the field, as evidenced by contracts or other reliable evidence.

If these criteria are not readily applicable to the beneficiary’s occupation, the petitioner may submit comparable evidence to establish the beneficiary’s eligibility.

A petitioner is not required to show that all or a majority of the criteria does not readily apply to the beneficiary’s occupation before USCIS will accept comparable evidence. Instead, for comparable evidence to be considered, the petitioner must explain why a particular evidentiary criterion listed in the regulations is not readily applicable to the beneficiary’s occupation as well as why the submitted evidence is “comparable” to that criterion. A general unsupported assertion that the listed criterion does not readily apply to the beneficiary’s occupation is not probative. However, a statement alone can be sufficient if it is detailed, specific, and credible.

Source: USCIS Policy Manual, Chapter 4

USCIS will not consider comparable evidence if the petitioner submits evidence in lieu of a particular criterion that is readily applicable to the beneficiary’s occupation simply because the beneficiary cannot satisfy that criterion.

When the evidentiary requirements specified above are satisfied, an officer proceeds to evaluate the totality of all the evidence in the record to determine whether the beneficiary has the extraordinary ability with sustained national and international acclaim, as described in the O statute and regulations.

Establishing eligibility for O-1B (Motion Picture or Television)

In support of an O-1B (MPTV) Petition for a Nonimmigrant Worker (Form I-129), the petitioner must establish that the beneficiary has demonstrated a record of extraordinary achievement in motion picture or television productions and is coming to continue to work in such productions. However, the productions need not require someone with a record of extraordinary achievement.

The supporting documentation for an 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 in the particular field (such as an Academy Award, Emmy, Grammy, or Director’s Guild Award) or at least three of the following forms of evidence:

• Evidence that the beneficiary has performed, and will perform, services as a lead or starring participant in productions or events that have a distinguished reputation, as evidenced by critical reviews, advertisements, publicity releases, publications, contracts, or endorsements;
• Evidence that the beneficiary has achieved national or international recognition for achievements, as evidenced by critical reviews or other published materials by or about the beneficiary in major newspapers, trade journals, magazines, or other publications;
• Evidence that the beneficiary has performed, and will perform, in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation, as evidenced by articles in newspapers, trade journals, publications, or testimonials;
• Evidence that the beneficiary has a record of major commercial or critically acclaimed successes, as evidenced by such indicators as title, rating, standing in the field, box office receipts, motion pictures or television ratings, and other occupational achievements reported in trade journals, major newspapers, or other publications;
• Evidence that the beneficiary has received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the beneficiary’s field. Such testimonials must be in a form that clearly indicates the author’s authority, expertise, and knowledge of the beneficiary’s achievements; or
• Evidence that the beneficiary has either commanded a high salary or will command a high salary or other substantial remuneration for services in relation to others in the field, as evidenced by contracts or other reliable evidence.

Petitioners for beneficiaries working in motion picture or television productions must submit evidence that applies to the criteria listed above; they may not rely on comparable evidence.

When the evidentiary requirements mentioned above are satisfied, USCIS proceeds to evaluate the totality of all the evidence in the record in order to determine whether the beneficiary has extraordinary achievement in the motion picture and television industry as described in the O statute and regulations.

Have detailed questions about your specific case? Schedule your consultation with us here.

---

Remember that each case is different. Prior results do not guarantee a similar outcome. Read the full disclaimer here.