Harder to get approved after denial? (Merged threads)

[Milou82 0]

Hello,

 

I’m applying for an O1B visa as a classical pianist. I have one music school job for 3 years covered 20 hours a week, but it’s not fulltime. 

 

How do I cover the missing 20 hours a week? 

 

It is uncommon for us classical musicians to perform at one and the same venue multiple times a year.  And we even don’t schedule so far ahead for 2026, 2027..

 

Any here who applied for an O1 visa as a musician?

Edited October 8 by Milou82

[Dashinka 24,479]

DIY O1's are quite rare here on VJ. Just a quick search only turned up a couple of examples the most recent being from 2019 (see below).  The best advice is to look for a good immigration lawyer that specializes in O visas as much of the success depends on the way the evidence is packaged.

 

Good Luck!

 

 

 

 

[appleblossom 2,437]

1 hour ago, Milou82 said:

Hello,

 

I’m applying for an O1B visa as a classical pianist. I have one music school job for 3 years covered 20 hours a week, but it’s not fulltime. 

 

How do I cover the missing 20 hours a week? 

 

It is uncommon for us classical musicians to perform at one and the same venue multiple times a year.  And we even don’t schedule so far ahead for 2026, 2027..

 

Any here who applied for an O1 visa as a musician?

Not as a musician but I got an O1 last year. Definitely not a DIY visa IMO, make sure you have a good lawyer. 
 

Your job isn’t likely to be that relevant. What other criteria do you meet? Critical reviews? Newspaper/magazine articles about you? Awards to show national/international acclaim? What can you provide to prove you’re well known and have risen to the top of your field? 

Edited October 8 by appleblossom

[Milou82 0]

8 minutes ago, appleblossom said:

Not as a musician but I got an O1 last year. Definitely not a DIY visa IMO, make sure you have a good lawyer. 
 

Your job isn’t likely to be that relevant. What other criteria do you meet? Critical reviews? Newspaper/magazine articles about you? Awards to show national/international acclaim? What can you provide to prove you’re well known and have risen to the top of your field? 

Gotcha. 
 

Yes I have some awards for significant recognition, interviews in newspapers, magazines, album (self) release and album reviews, critical reviews.

 

but my lawyer still suggests to have 2-3 contracts that is 40 hours total.. doesn’t make sense

[appleblossom 2,437]

19 minutes ago, Milou82 said:

Gotcha. 
 

Yes I have some awards for significant recognition, interviews in newspapers, magazines, album (self) release and album reviews, critical reviews.

 

but my lawyer still suggests to have 2-3 contracts that is 40 hours total.. doesn’t make sense

That doesn’t make sense. You don’t need a current job for an O visa. Who’s your US sponsor, your agent? 
 

What you’ve got sounds fine as long as it’s national or international (i.e. the interviews are in national, not local/regional newspapers, the awards are national etc). 
 

Good luck. 

[Milou82 0]

45 minutes ago, appleblossom said:

That doesn’t make sense. You don’t need a current job for an O visa. Who’s your US sponsor, your agent? 
 

What you’ve got sounds fine as long as it’s national or international (i.e. the interviews are in national, not local/regional newspapers, the awards are national etc). 
 

Good luck. 

No she is talking about future employment… 

[appleblossom 2,437]

13 minutes ago, Milou82 said:

No she is talking about future employment… 

 

Oh, I see. I thought you meant that was your current job. 

 

Is your agent sponsoring you? If so they'll provide evidence of you being in demand as part of the petition, to show you can easily get more work. 

[Milou82 0]

Just now, appleblossom said:

 

Oh, I see. I thought you meant that was your current job. 

 

Is your agent sponsoring you? If so they'll provide evidence of you being in demand as part of the petition, to show you can easily get more work. 

Future work has to be 40 hours a week? 
performing musicians can never work 40 hours week. 
 

Also taken into account we need to practice and these hours are never compensated. 
 

I have an agent but they are not my sponsor. 

[appleblossom 2,437]

8 minutes ago, Milou82 said:

Future work has to be 40 hours a week? 
performing musicians can never work 40 hours week. 
 

Also taken into account we need to practice and these hours are never compensated. 
 

I have an agent but they are not my sponsor. 

 

I never said it had to be full-time. If it's not your agent sponsoring you then who is it?

[Boiler 45,442]

The ones I have come across before have been handled by the Management Company/ Immigration Lawyers. I have no idea what the 40 hours refers to or why it is any way relevant. Not sure sure there is a definition of full time and if there is it would not be 40.

[Milou82 0]

1 hour ago, Boiler said:

The ones I have come across before have been handled by the Management Company/ Immigration Lawyers. I have no idea what the 40 hours refers to or why it is any way relevant. Not sure sure there is a definition of full time and if there is it would not be 40.

Thanks for this!

[Milou82 0]

Hello,

 

I’m looking for some hope!

 

I applied for an O1B before, my lawyer didn’t do a good job, got a harsh RFE rejecting all criteria. Responded to RFE - the response was very skimpy, no legal argument, no case law, evidence was a total mess, which eventually led to a denial. 

I have a new lawyer now, but I’m so nervous. 
I hear different things, one lawyer says a denial affects the likelihood of approval of the subsequent petitions, another lawyer says previous denial has no bearing on future filings. 
 

Did anyone here get approved after a previous denial? 

[igoyougoduke 1,653]

do you have new evidence to support your visa ? if not than you are likely to get a denial.  Previous denial will not affect your new visa application. if you are applying with same evidence with a different law firm than you likely will get denied. 

[Milou82 0]

7 minutes ago, igoyougoduke said:

do you have new evidence to support your visa ? if not than you are likely to get a denial.  Previous denial will not affect your new visa application. if you are applying with same evidence with a different law firm than you likely will get denied. 

Partly the same, some new evidence. Like I said, my evidence was a mess, not structured, cover letter was more of a capillary rather than a letter with extensive legal argument. 
Basically referring to tabs and not explaining what and why. 
 

At least things are a lot more comprehensive now plus some new evidence, about every single detail.

 

Will they not scrutinize a lot more and look back at my previous denied case?

[appleblossom 2,437]

3 hours ago, Boiler said:

The ones I have come across before have been handled by the Management Company/ Immigration Lawyers. I have no idea what the 40 hours refers to or why it is any way relevant. Not sure sure there is a definition of full time and if there is it would not be 40.

 

Yep, but depends on who it petitioning the OP. If it's an agent, they can work in various places. If it's the employer offering them 20 hours a week, they cannot work for anybody else on the visa, so perhaps that's what the lawyer is referring to?