So Your TV Show Was Canceled? How to Avoid Being Deported
The entertainment industry can be brutal. A powerful network can pick up your show one day only to drop it halfway through filming the pilot. For non-citizens working in the United States, Hollywood’s fickle nature can wreak havoc on their immigration status. What do you do when you get off a plane in Los Angeles only to discover your show has disappeared, and your work visa along with it?
Non-citizens in the entertainment industry--writers, art directors, actors, animators, etc.--have a number of different visa options for working in the United States. Entertainment workers may apply for the H-2B visa, a temporary, employer-sponsored visa meant for one-off projects or seasonal work. There’s also the H-1B, a temporary, employer-sponsored visa for professional workers in a specialized occupation, typically one requiring an advanced degree to perform. The H-1B visa is likely unavailable to actors and writers, but other “below the line” workers such as film editors, sound engineers, or visual effects editors with an employer sponsor can apply.
Entertainment workers with long-term jobs lined up can apply for the EB-3 visa, an employer-sponsored permanent residence visa for skilled workers with at least a couple of years of training or experience. (Notably, EB-3 visas are designated by the number “3” because of their third priority in the application process--actually getting an EB-3 application through can take months or years.)
Workers can also apply for the EB-2 visa, which is available via employer sponsorship for applicants with exceptional abilities. The EB-2 applicant will need to prove their abilities via certain criteria, such as at least ten years of experience, membership in professional associations (SAG, the Academy, WGA, etc.), a sizable salary, and/or an advanced degree.
The challenge for entertainment workers is having a secure job in hand. H-1B and H-2B hopefuls need to apply with a job ready and an employee sponsor. EB-3 applicants, as well as most EB-2 applicants, will need to have an employer certify that the alien will be arriving for a permanent position--nothing temporary or seasonal. For entertainment workers, many jobs are contract-based or otherwise temporary. Many studios, networks, and other employers prefer not to deal with the cost and hassle of sponsoring a visa at all; maybe Netflix will, maybe Disney won’t.
Moreover, if the show that was to be your basis for your employment visa suddenly gets shuttered, you could be out of luck. If you’ve lost the specific project that served as the basis for your visa, you might have other options for self-sponsorship. EB-2 applicants, for example, may be able to self-sponsor (i.e., no employer required) by applying for a “national interest waiver.” The applicant must show they are pursuing a particular “endeavor” of “substantial merit and national importance.”
Immigrants with “extraordinary abilities” in the arts can apply for an O-1B visa. O-1 is a temporary visa for aliens with extraordinary abilities. O-1A applies to aliens with special talents in athletics, education, business, or the sciences, while the O-1B is for those with extraordinary achievements in the arts, film, or television.
To obtain an O-1B visa, the applicant must show that they have achieved national or international acclaim or a record of extraordinary achievement in film and television. Winning an Academy Award, a BAFTA, or an Emmy makes you a shoo-in. People who have not quite reached that level of distinction still have a shot, so long as they can provide other evidence of renown. Evidence might include praise-filled critical reviews and endorsements; recognition in news articles, trade journals, or publications; significant recognition from organizations, critics, or other experts in the field; commercial or critical success in past projects; and similar accolades or accomplishments.
EB-1A, also known as the E11, is the permanent version of the “extraordinary ability” visa. Aliens who can demonstrate that they have an extraordinary ability in the arts can apply for permanent residency. The applicant must prove that they have achieved national or international acclaim in their field. Options for demonstrating renown are similar to those of the O-1B visa, as well as additional options such as showing membership in a well-regarded trade association or that showing the applicant has been asked to judge the work of others in the field. For example, a voting member of the Television Academy, the Motion Picture Academy, the British Academy of Film and Television Arts, or the Writers Guild of America would have strong grounds to apply.
Unlike other employment-based permanent visas, the EB-1A extraordinary ability visa does not require an applicant to show a current job offer. The applicant can self-sponsor. They must, nevertheless, demonstrate a commitment (and capacity) to work in the relevant field for the foreseeable future. Recipients of the O-1 visa often apply for the EB-1A down the line.
Applying for any employment-based visa is a challenge and, in many cases, a toss-up. Some visa categories boil down to a lottery just to be considered. But really, is that any different from every other part of being in Hollywood?
