Breaking Down O-1B Criterion #1: Lead or Starring Role Explained

Question: Can I apply for the O-1 visa even if I’ve never been to the U.S.?

Absolutely! The O-1 visa is designed for extraordinary creatives worldwide. You don’t need a U.S. design degree to apply.

Take a musician with gigs lined up in the U.S., for example—they can apply even if they’ve never set foot here. The key is proving your extraordinary talent and your purpose for being in the States.

That said, being in the U.S. can make things smoother. Job offers, networking, and recommendation letters are easier to come by, and you’ll find it convenient to connect with a U.S.-based lawyer (though I’m not 100% sure that’s a requirement—if anyone knows, let me know so I can share with the group!).

Brief about O1B visa criterias.

Now, in the last newsletter, I went on a bit of a rant about applying for awards as early as possible because, well, deadlines wait for no one. Now that we’ve got that out of the way (and I hope you’ve started thinking about those awards), let’s take a more straightforward approach.

If you’ve ever peeked at the official USCIS O-1B criteria page, you know it’s packed with enough legal jargon to make your head spin. But don’t worry, I’ll try my best to break it down.

USCIS outlines six main criteria for the O-1B visa. These are intentionally broad to fit a wide range of creative fields—whether you’re a designer, musician, or filmmaker. They use all-encompassing terms to cover everything from gigs and exhibitions to contracts and beyond.

For designers, these can be translated into much simpler terms. Over the next few newsletters, I’ll break down each category specifically for us creative folks and explain what kind of evidence you’ll need to tick those boxes.

My lawyer told me you only need to meet three out of the six criteria to apply. Personally, I played it safe and went for five, but it’s totally up to you. Think about where you’re strongest, and decide how many categories you want to tackle with confidence.

Breaking down the first key O-1B criteria: Lead or Starring Participation.

“Evidence that the beneficiary 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.”

In very simple terms, this means

USCIS wants proof that you’ve played a lead role in projects or events with a solid reputation.

How It Applies to Designers:

Let’s say you worked on a project for a well-known company with a solid reputation. What really matters is your role in that project—specifically, if you held a lead or key position.

Now, this is where you need to dig deep. Look at every project you’ve ever worked on—full-time jobs, freelance gigs, side hustles. Everything counts.

If you’ve been in a full-time role, focus on projects where you took the lead, even if it was just for a specific part. For example, if you’re a UX designer and you led the design for one key feature of an app, that qualifies. You were responsible for that part, and your work was essential to the project’s overall success.

If you’ve worked as a contractor, like I did, you’ll want to highlight those projects too. To prove my lead role, I reached out to my past companies and asked for letters confirming my contributions. My lawyer drafted these letters, and if you hire one, they’ll do the same for you. (If you want a head start, reply to this email, I can share the basic format they used)

What if the project is already out in the market? Perfect! Look for publications, press mentions, or website links that highlight its success and impact.

But if the project isn’t public yet, don’t worry. I had the same situation with an industrial design project for a stealth startup. Since the project wasn’t launched, I asked the company for a letter confirming its significance. They also let me use in-progress work as evidence, which showed my contributions without revealing anything confidential. Your approach might differ based on your situation, but there’s always a way to make it work!

What You Need to Collect for This

1. Project Documentation:

   • Contracts : Clearly outlining your role as a lead designer or key contributor.

   • Company Letters: If you worked in a lead capacity, get a letter from your employer stating your contributions.

2. Evidence of Recognition:

   • Press and Media Mentions: If the project has launched, collect articles, blog posts, or any media that mentions it.

   • Internal Validation: If the project isn’t public, get a letter from your company emphasizing its significance.

3. Visual Proof:

   • Screenshots and Photos: For launched projects, gather visuals that showcase your work.

   • In-Progress Work: For confidential projects, see if you can include sketches or drafts to demonstrate your contributions without risking a leak.

Additional Thoughts

• Think Holistically: Every project you’ve touched matters. Reflect on your roles and don’t underestimate your contributions, no matter how small they might seem.

• Tailor to Your Situation: Whether your project is public or private, there’s always a way to showcase its importance. Work with your company and lawyer to find the best approach.

• Your Application is a Web of Connections: Think of your application as a cohesive story. Your awards and publications will be referenced in your letters, and your work will be highlighted in your Letters of Recommendation. It’s all interconnected. That’s why it’s a smart move to collect everything - awards, press, project documentation, and testimonials - up front. Once you have all the pieces, you can see how they fit together and build a stronger case.