Definition of “Arts”

For O-1B purposes, the definition of arts, and thus artists, is broad:

any field of creative activity or endeavor such as, but not limited to, fine arts, visual arts, culinary arts, and performing arts. Aliens engaged in the field of arts include not only the principal creators and performers but other essential persons such as, but not limited to, directors, set designers, lighting designers, sound designers, choreographers, choreologists, conductors, orchestrators, coaches, arrangers, musical supervisors, costume designers, makeup artists, fight masters, stage technicians, and animal trainers.

"Arts" is thus a term of art that encompasses a full range of people, not necessarily principal creators or performers, but "above the line" in that they exercise creative judgment and apply imagination to the enhancement or preservation of a creative act. Under this definition, artistic administrators, music teachers, vocal coaches, and many others who contribute to the creative process may qualify for O-1B status. Even a highly skilled craftsman, such as a stage technician who contributes to the creative process, may do so.

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