USCIS Provides Clarifying Guidance on O-1 Nonimmigrants in the Arts vs. Motion Picture and Television (MPTV).
Overview:
People who demonstrate extraordinary ability or achievement in the Arts or Motion Picture/Television industry may be eligible for an O-1B Visa.
There are two classifications of O-1B visas: Arts or Motion Picture/Television (MPTV). However, in many cases, the distinction between these two classifications may be blurred or unclear. To help clarify, USCIS has recently issued guidance to further distinguish between the two types of O-1B Visas.
Streaming internet productions:
As the popularity of internet-based productions grows, the line between Artistry versus MPTV becomes difficult to distinguish. With the rise in video blogging on platforms such as YouTube and TikTok, this difficulty only increases. These streaming Internet productions could be considered MPTV, but do not necessarily line up with typical motion picture industry standards. These modern production standards constantly shift. In keeping with current motion picture guidelines, USCIS has released additional guidance on the distinction between MPTV versus the Arts:
- Streaming movies, web series, and other dynamic digital content are, generally, considered MPTV.
- USCIS will use standards from MPTV industry organizations such as the Academy of Television Arts and Sciences when in doubt.
- Static web productions, such as video blogs on YouTube and TikTok, are not considered MPTV and are better suited to the arts.
- If a person appears in a motion picture production as a result of their non-motion picture artistic ability, their petition would be categorized in the Arts rather than MPTV.
- To be classified under the MPTV distinction, the person must be entering the United States for their involvement in a motion picture production.
Conclusion:
As media becomes an increasingly complicated industry, the Arts and Motion Picture/Television classification becomes blurred. Thus, the USCIS has released new guidelines to distinguish between O-1B visas in MPTV versus the Arts.
Migration Resource Center is here to guide and provide you with the necessary information on the O-1B Extraordinary Artists Visa. If you have any questions on your immigration case, please get in touch with us for a free immigration consultation.
In addition to our free initial consultation, we invite you to watch our O-1B Extraordinary Artists Visa video on our YouTube channel.
By: Tom De Kesel, MRC Immigration Attorney & Ishika Bhasin – February 5, 2022
Sources:
January 13, 2022 Policy Alert:
