How is extraordinary ability defined for people seeking employment in the arts?

A person with extraordinary ability in the arts is someone with distinction that is marked by a high level of achievement in the field of arts, as evidenced by a degree of skill and recognition substantially above that ordinarily encountered. A person who regularly sells his or her artwork may be very successful without rising to the advanced level of achievement needed for O-1 classification. To qualify for this classification, individuals must show that they are “prominent” in their field. Picasso would have had no trouble showing his high level of achievement was sufficient for O-1 classification, while the artist regularly selling art work at a swap meet would have little chance of obtaining an O-1 visa. For most candidates seeking O-1 classification, the outcome is not clear, and thorough documentation of achievement is required to enhance the chance for a petition approval.

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