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USA
August 1, 2024

"Commercial Successes in the Performing Arts" – Criteria to Meet for the American EB-1 Visa

The EB-1A visa is suitable for people with extraordinary abilities in science, art, education, business, or athletics. A candidate applying for an EB-1 visa to the United States will need to meet at least three of the ten criteria. One key criteria for obtaining this visa is a demonstration of commercial success in the performing arts. This criterion can be met by providing evidence of sales of a large number of tickets or recordings, which confirms the artist's commercial success.

How can you prove compliance with this criterion?

To meet this criterion for an EB-1 visa to the United States, the following types of evidence must be provided:


1. Documentary evidence of commercial success:
  • Documents confirming the box office receipts.
  • Information about sales of audio or video recordings.
  • Contracts or job offer letters indicating the estimated income.
  • Letters of recommendation explaining the applicant's role in detail.

2. Comparison with similar performers:
  • Data on the average level of sales in the industry.
  • Comparative data on ticket sales or recordings with other performers of a similar level and in a similar field.

3. Prestige of the venues where the applicant performed:
  • Official data on the size and capacity of the venue.
  • Data on other artists who performed at this venue.
  • Publications in the media about the events held at this venue.


Publications in the media will also be useful to confirm this criterion for an EB-1 visa: articles, reviews, and other materials confirming the commercial success of the
applicant's work.

Essential points
  • Compare your data with industry data to show that your success is significantly above average.  All data provided must be accurate and comparable with data on similar performers.
  • It is necessary to show that commercial success was achieved thanks to your contribution. For example, if you were the lead actor in a successful movie or the main performer in a musical group whose album rose to the top of the charts. Moreover, as the lawyers explain, if you are, for example, the drummer or keyboardist of this band (and not the vocalist), you can still meet this criterion for an EB-1 visa. The question of whether the sound engineer who recorded this stellar album meets this criterion is more challenging but not hopeless.


The authors of successful plays and other productions
can also claim to meet this criterion if their work has demonstrated significant commercial success.

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