Can child actress get O-1 visa?

[OneMoreTime 0]

My daughter (9 year old) has multiple entries on IMDB and has done some movies in Canada with famous people. Can she apply for O-1 visa? If so, what happens to the rest of our family?

[NigeriaorBust 4,087]

AN O1b needs a sponsoring employer. Does she have offers to work in the US ? The O1 allows for visas for spouse and children not parents or siblings. There is a provision to an employee that is critical to the performance which might get one parent a visa but not a whole family.

[Boiler 45,499]

Of course she can apply.

Some may be eligible for an O2.

[OneMoreTime 0]

Of course she can apply.

Some may be eligible for an O2.

Yes, that what is confusing, I know she can apply, just wonder what happens to parents/siblings as she is a minor. We have the option of a TN visa for her, and we can go under Nafta as tourist, not ideal but workable for short term gigs. Thanks for the response, if anyone has similar experience please share.

[Boiler 45,499]

Similar experience may be pushing it.

Is this not something her management team would be dealing with.

[canadian_wife 1,822]

OneMoreTime - you sound like you are asking if your daughter can apply for an O visa on her own, as in without a lawyer or sponsoring employee or management team, is that correct?

Does your child have pending gigs in the US that she needs a visa for?

good luck

[jan22 3,055]

Yes, that what is confusing, I know she can apply, just wonder what happens to parents/siblings as she is a minor. We have the option of a TN visa for her, and we can go under Nafta as tourist, not ideal but workable for short term gigs. Thanks for the response, if anyone has similar experience please share.

None of the work visas -- except a couple of the diplomatic or international governemntal agency (e.g., UN, World Bank, etc.) -- include parents in their definition of dependents that qualify for a derivative visa based on the principal applicant.

Who advised you she could get a TN visa? Acting is not one of the professions on the NAFTA list. Generally, a TN visa is for business activities at the professional level. The NAFTA agreement defines that as a profession that requires a bachelor's degree or appropriate credentials that document status in a profession listed in Appendix 1603.D.1 of NAFTA. That list does not include acting or any of the performing arts.

IMO, an O-1 is also likely a stretch for such a young actor. An O-1 requires documentation of "extraordinary ability" that shows sustained performance at a level where the individual is among the small percentage of people who have reached the very top of the field. Hard for someone of her age to show that. I am certainly not saying that she is not talented...just that she might not be at the level need for an O-1 at her age. If she is, then her manager/agent/production company will certainly be involved in the required documentation for her visa.

The best a parent could do is a visitor's visa for the duration of the project; a sibling would likely be out of luck -- especially if they are school aged (although an F1 for a student visa at a private school might be a possibility, depending on the timing of the project). And, it would be really important for the parent not to do anything for her professionally that could be construed as working in the US (e.g., be her agent or manager, negotiate her contract or working conditions, enforce the contract, etc.).

Good luck to you both!

[Transborderwife 4,666]

Where is her manager in all of this?

[OneMoreTime 0]

Thanks for all answers. I dig a little more and it seems that is the studio that issues the work permit for the duration of the gig, not sure under what category though. She is represented in Canada already, and we will get representation (manager/agent/pr) in US (LA of course), this is more common than most people realize as there's lots of Canadians working in US already (including kids), just thought that someone would have some info.

Thanks Jan22, for clarifying about TN, I though that applied to any profession as long as being Canadian, but now I understood it better.

We are only planning to follow this route in a couple of years when she is at least 11 years old, then will update this post to let others know how it was done.

[Transborderwife 4,666]

Thanks Jan22, for clarifying about TN, I though that applied to any profession as long as being Canadian, but now I understood it .

Lol! If only!

Edited July 1, 2015 by Transborderwife

[Boiler 45,499]

TN also applies to Mexicans.

[Adrian-Gloria 43]

TN also applies to Mexicans.

LOL