BTS and their Extraordinary Abilities

By Perry and Alznauer, P.C.

The international sensation and currently the biggest entertainment act in the world, Korean Super Group BTS, concluded their “Permission to Dance” four-day concert at the SoFi Stadium in Inglewood, CA last December 2021. Billboard reported that the sold-out shows make BTS the first non-English act to gross over 20 million USD, and the second largest “boxscore” (a printed score, a total count) in U.S. history next to Bruce Springsteen.

“Army,” the band’s most loved and influential fan base, have been discussing that the septet likes to visit Los Angeles. Their first ever public performance in the United States in 2014 was at The Troubadour, the iconic West Hollywood nightclub that contributed to the careers of notable acts including Elton John, Neil Diamond, Van Morrison, The Eagles, Carole King, Joni Mitchell, just to name a few. BTS filmed some of their music videos around Southern California in the past, and they have collaborated with American artists like Halsey, and Megan Thee Stallion.

The group consists of Kim Namjoon (RM), Kim Seokjin (Jin), Min Yoongi (Suga), Jung Ho-seok (J-hope), Park Jimin (Jimin), Kim Taehyung (V), and Jeon Jung-kook (Jungkook), who were able to somewhat blend into the Los Angeles crowd during their last visit. Four out of the seven boys stayed after their shows a few more days in the U.S. for short vacation. On separate occasions, they were seen around Melrose, at a Clippers game, and four members attended a Harry Styles concert at the Forum and visited beach areas within the city.

In one of the four shows, Worldwide Handsome Jin (his endearing penned nickname), jokingly mentioned that maybe he will move to Los Angeles. The boys seemed to be enjoying the vibe as they post snippets of their day-to-day activities while in sunny SoCal.

If they do fall in-love with the City of Angels, one big question is – can they live and work permanently? The answer is an astounding YES! The United States is one of the unique countries that offer visas to foreign nationals who have demonstrated extraordinary ability in the sciences, arts, education, business or athletics or extraordinary achievement in the motion picture or television industry called the O-1 nonimmigrant visa. Extraordinary ability should denote a distinction and applicants must prove they have a much greater level of skill and recognition than most individuals in their respective fields.

The U.S. Citizenship and Immigration Services (USCIS) has two bases – A and B, to show evidence of extraordinary abilities.

Basis A: Applicant/s must be the recipient of a Major, National or International Recognized Award. BTS won Artists of the Year, Song of the Year and Best Pop/Duo during the 2021 American Music Awards. They also received their second Grammy Nomination for their hit song, Butter.

Basis B: To prove extraordinary ability in the field of arts the individual must show at least three of the following documentation below:

• ·   Evidence that the alien has performed, and will perform, services as a lead or starring participant in productions or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications contracts, or endorsements;
• ·   Evidence that the alien has achieved national or international recognition for achievements evidenced by critical reviews or other published materials by or about the individual in major newspapers, trade journals, magazines, or other publications;
• ·    Evidence that the alien has performed, and will perform, in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation evidenced by articles in newspapers, trade journals, publications, or testimonials;
• ·    Evidence that the alien has a record of major commercial or critically acclaimed successes as evidenced by such indicators as title, rating, standing in the field, box office receipts, motion pictures or television ratings, and other occupational achievements reported in trade journals, major newspapers, or other publications;
• ·    Evidence that the alien has received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field in which the alien is engaged. Such testimonials must be in a form which clearly indicates the author’s authority, expertise, and knowledge of the alien’s achievements; or
• ·  Evidence that the alien has either commanded a high salary or will command a high salary or other substantial remuneration for services in relation to others in the field, as evidenced by contracts or other reliable evidence; or
• ·   If the criteria in paragraph (o)(3)(iv) of this section do not readily apply to the beneficiary’s occupation, the petitioner may submit comparable evidence to establish the beneficiary’s eligibility.

For those who meet the criterion of basis A or B, the O-1 Visa could be the first step towards residing and working in the United States permanently. We are not suggesting that BTS move to the U.S., although that will be a dream come true for North American fans; we are citing them as an example to show how one can eventually live and become a U.S. Citizen through an O-1 Visa.

There are other ways to remain in the United States on permanent basis depending on each person’s qualifications. The O-1 Visa is not solely limited to musicians or actors and directors, it can also be people behind the scenes who made meaningful contributions in the arts or in other fields. It is also possible to apply for green card based on one’s extraordinary ability in the field of endeavor, visa, which potentially begins a path to U.S. Citizenship.

There is a long list of big Hollywood names who eventually became U.S. Citizens after going through a series of visa applications including Anthony Hopkins, Justin Bieber, Billy Idol, Charlize Theron, Pamela Anderson, Dave Mathews, Jim Carrey, Michael J. Fox and many others. BTS moving to the United States is like saying “when pigs fly,” given the fact that they are Korea’s National Treasure, but fans in the United States can dream.

Qualifying for an O-1 visa may seem overwhelming and time-consuming, but one must properly establish eligibility. An immigration attorney can help in determining qualification and help in preparing correct and sufficient evidence to prove that a person has extraordinary ability.

Perry & Alznauer provides individuals and companies personalized legal services in the field of immigration. Our team has over three decades of experience and a proven track record of helping talented foreign nationals who are seeking to permanently work, live, bring their families, and become citizens of the United States. Our office is in Encino, California, which is north of Hollywood, surrounded by major recording and film companies. Perry & Alznauer is fully operational with staff working remotely and in-office. Our legal teams are available worldwide by email, phone, or video chat.

Source: USCIS, Billboard.

Disclaimer: Perry & Alznauer is not connected or affiliated with Hybe, BigHit or BTS. The information and materials provided are opinion of the author for informational purposes only, and are not meant to, and do not represent, advertising, a solicitation, or legal advice. The communication and receipt of information or materials on this article, in full or in part, is not planned to create, and receipt does not constitute, an attorney-client relationship