Each year around March, hundreds of U.S. employers submit registrations for foreign nationals in the H-1B lottery conducted by the U.S. Citizenship and Immigration Services (USCIS). Many of these foreign nationals seek to work in developing segments of the U.S. economy such as information technology or engineering. Due to the ever-increasing number of entries submitted by employers and the inadequate number of H-1B visas available through the lottery to meet demand, thousands of foreign nationals are not selected and scramble for alternate options to continue living and working in the United States. Sometimes, spouses and children may also depend on securing an appropriate dependent status to remain in the United States as well. One alternative that many skip over is the O-1B nonimmigrant visa for individuals of extraordinary ability in the arts, which may be the best option for foreign nationals working in creative fields.

Though the arts, when compared to other sectors of the economy is expanding at a much slower pace, it is still experiencing job growth. The definition of what is considered an “art” may be limited to straightforward disciplines like the performing arts or fine arts for many, but the continued expansion of modern technologies and capabilities pushes the boundaries of what many may see as art with the mixing of art with elements of science, technology, engineering and math in certain fields. Moreover, the beauty of the O-1B nonimmigrant visa is that it can be used for many creative activities that may not intuitively be considered “art” and the immigration regulations also do not limit what counts. This flexibility is an excellent opportunity for employers, foreign nationals, and attorneys to exercise their creative minds for a practical solution to missing out on selection in the H-1B lottery.

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