Gudeon and McFadden

Regulations Regarding Aliens of Extraordinary Achievement

8 CFR § 214.2(o)(3)(v)

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Updated: July 16, 2019

‘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. 8 CFR § 214.2(o)(e)(ii)

8 C.F.R. section 214.2(o)(3)(v)

See note following as to the form of documentation required.

To qualify as an alien of extraordinary achievement in the motion picture or television industry, the alien must be recognized as having a demonstrated record of extraordinary achievement as evidenced by the following:

  1. Evidence that the alien has been nominated for, or has been the recipient of, significant national or international awards or prizes in the particular field such as an Academy Award, an Emmy, a Grammy, or a Director’s Guild Award; or
  2. At least three of the following forms of documentation:
    1. Evidence that the alien has performed, and will perform, services as a lead or starring participant in productions or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications contracts, or endorsements;
    2. Evidence that the alien has achieved national or international recognition for achievements evidenced by critical reviews or other published materials by or about the individual in major newspapers, trade journals, magazines, or other publications;
    3. Evidence that the alien has performed, and will perform, in a leading, starring, or critical role for organizations and establishments that have a distinguished reputation evidenced by articles in newspapers, trade journals, publications, or testimonials;
    4. Evidence that the alien 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 picture or television ratings, and other occupational achievements reported in trade journals, major newspapers, or other publications;
    5. Evidence that the alien has received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field in which the alien is engaged. Such testimonials must be in a form which clearly indicates the author’s authority, expertise, and knowledge of the alien’s achievements; or
    6. Evidence that the alien has either commanded a high salary or will command a high salary or other substantial remuneration for services in relation to other[sic] in the field, as evidenced by contracts or other reliable evidence.

8 CFR § 214.2(o)(2)(iii)

  1. Form of documentation. The evidence submitted with an O petition shall conform to the following: 
    1. Affidavits, contracts, awards, and similar documentation must reflect the nature of the alien’s achievement and be executed by an officer or responsible person employed by the institution, firm, establishment, or organization where the work was performed.
    2. Affidavits written by present or former employers or recognized experts certifying to the recognition and extraordinary ability, or in the case of a motion picture or television production, the extraordinary achievement of the alien, shall specifically describe the alien’s recognition and ability or achievement in factual terms and set forth the expertise of the affiant and the manner in which the affiant acquired such information.
    3. A legible photocopy of a document in support of the petition may be submitted in lieu of the original.  However, the original document shall be submitted if requested by the Director. 
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