What type of evidence can a tattoo artist provide for an O visa?

April Perez • June 24, 2022

An O visa is a nonimmigrant visa for individuals of extraordinary ability. Some professions may seem as if they don’t exactly fit into the requirements that have been set out by USCIS to be considered an individual of extraordinary ability but when you take a look at each requirement individually you can find various examples of possible evidence that a tattoo artist can provide.

1. Beneficiary’s evidence that she has performed and will perform services as a leading or starring participant in productions or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications contracts, or endorsements

If a tattoo artist has competed in and won a distinguished tattoo convention an argument can be made in regard to the artist having a leading or starring participating in the event. Evidence can include certificates showing that the person won, articles about the event discussing both the event and the individual competing and winning, articles about the event itself, evidence of the person’s win posted on the event’s social media accounts as well.

Other possible evidence for this can if the tattoo artist has collaborated with a specific brand at one of their events. This can possibly be proven with a letter from a leader within the brand discussing the tattoo artists role for the event and the brand, articles about the event and the artist’s participation at the event, and articles about the brand itself to show how distinguishe d it is, as well as social media posts about the artist’s participation in the event.

To satisfy the future portion of the requirements possible evidence can include the evidence already listed above for future collaborations with distinguished brands, or participation in major tattoo competitions, or conventions to which the person has been invited as a guest speaker.

2. Evidence Beneficiary has achieved national or international recognition for achievements evidence by critical reviews, or other published materials by or about the individual in major newspapers, trade journals, magazines, or other publications

The evidence that can be provided for this requirement includes articles about the tattoo artists and their work, whether it is about the artist’s accomplishments, winning a competition for tattoo artists, or their work being featured at a tattoo exhibition.

3. Evidence that the Beneficiary 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 for this requirement can be past work for distinguished tattoo shops. This can include articles about the tattoo shop, and past awards won by the tattoo shop, articles about the tattoo artist’s work for the tattoo shop, and a letter from an owner or person in charge of the tattoo shop discussing how the artist’s work for the tattoo shop.

Collaborations with well known or distinguished brands can also be possible evidence for this requirement. The evidence can include articles about the collaboration, articles about the brand, a letter from someone in charge of the brand discussing the tattoo artist’s work, and social media posts on the brand’s accounts about the artist’s collaboration.

To satisfy the future portion of the requirements possible evidence can include the evidence already listed above for future collaborations with distinguished brands, or future work for distinguished tattoo shops.

4. Evidence that Beneficiary has a record of major commercial or critically acclaimed successes as evidenced by such indicators as title, rating, standing, box office receipts, motion picture or television ratings, and other occupational achievements reported in trade journals, major newspapers, or other publications

Possible evidence for this requirement can include winning awards from well-known tattoo conventions and competitions, and evidence including articles of the event and that tattoo artist’s participation, certificates and photos of the tattoo artist at the event.

5. Evidence that the Beneficiary 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

Evidence for this requirement can include letters from other well known and/or experienced tattoo artists discussing the work and accomplishments of the applicant tattoo artists.

6. Evidence that the Beneficiary has 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

Evidence for this requirement can include W2s, and or Taxes to show the person has either earned a higher-than-average wage in their home country or in comparison to other U.S. tattoo artists. Another possible form of evidence can include the agreement between the petitioner and the applicant if the amount that will be paid in the future is higher than the amount paid to other tattoo artists in the U.S.

These are just some examples of evidence a tattoo artist can provide. The individual must only meet 3 of the requirements, but the more requirements that can be met the better the odds of approval. If you would like to discuss your achievements and whether you qualify you can contact our office.

This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.

April Perez

Who should write reference letters for my O1B visa

By April Perez • March 16, 2023

If you are planning on filing an O1B visa based on your extraordinary ability, you may need to provide some reference letters as part of the evidence for your application. You can use letters for various requirements. One specific requirement for the O1B that you will definitely need letters for is the requirement: Evidence the beneficiary 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 achievement. The letters should come from individuals who work within the same field and explain their own background and accomplishments within that field. The individual should also be familiar with the applicant’s work and be able to attest to that person’s accomplishments within the specified field. Letters from individuals without experience within the same field as the a

What is a consultation letter for O visas?

By April Perez • September 22, 2022

When applying for an O-1 visa USCIS requires that a written advisory opinion from a peer group (including labor organizations) or a person with expertise in the beneficiary’s area of ability be provided as part of the application.

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O-1 Approved! Now What? Your Roadmap to Securing an EB-1A Green Card

By Shirin Navabi • March 13, 2025

If you’ve recently received the exciting news that your O-1 visa has been approved, congratulations! The O-1 is a prestigious visa, granted only to individuals who can demonstrate extraordinary ability in their field — whether it’s O-1A: individuals with an extraordinary ability in the sciences, education, business, or athletics, or O-1B: individuals with an extraordinary ability in the arts or extraordinary achievement in the motion picture or television industry. Getting O-1 approval is no small feat, and it’s a true validation of your talent and hard work. But for many O-1 visa holders, that approval brings up the next big question — what’s the path to securing a green card? For those aiming to remain in the United States permanently, the EB-1A visa is often the natural next step. It’s also known as the green card for individuals of extraordinary ability, which makes it a close cousin to the O-1. Obtaining U.S. permanent residency through EB-1A involves two steps: 1) securing approval of the EB-1A immigration petition (Form 1-40) and 2) adjusting status to that of permanent resident or seeking consular processing. However, while these two categories share similarities, they are not identical. The EB-1A standard is significantly higher, and many O-1 holders underestimate just how much more evidence they need to present to qualify for permanent residency. The good news is, if you’re proactive and strategic about building your case, you can significantly improve your chances of success. Understanding the Difference Between O-1 and EB-1A Both the O-1 and EB-1A visas focus on individuals with extraordinary ability, but they serve different purposes. The O-1 is a temporary work visa that allows you to come to the U.S. to work on specific projects or for a particular employer. It requires a U.S. sponsor to file the petition on your behalf. The EB-1A, by contrast, is an immigrant visa — it is the first step toward obtaining permanent residency. Because the EB-1A leads to permanent residency, its eligibility standards are even higher. You must not only demonstrate extraordinary ability but also show that your recognition is sustained over time and that your work has had a lasting impact on your field. What Can You Reuse From Your O-1 Case? If you put together a strong O-1 petition, some of the evidence you submitted will still be valuable for EB-1A. This includes your awards, media coverage, expert letters, and proof of memberships in prestigious organizations. But the EB-1A demands more — you need to go beyond showing what you’ve accomplished and prove that your influence is ongoing, impactful, and recognized at a national or international level. How to Strengthen Your Case While on O-1 One of the smartest moves you can make is to use your time on the O-1 visa to actively strengthen your EB-1A profile. This means seeking out opportunities to get your work featured in top-tier media, publishing more original contributions, judging competitions, and taking leadership roles in your professional community. Every action you take to enhance your visibility and influence. Final Thoughts — The Path from O-1 to EB-1A is Achievable You may not be able to file your EB-1A today, but we can help you build your case step by step. Whether you need guidance on strengthening your profile, identifying the right evidence, or preparing a strategic filing plan, our team is here to support you. If you’re currently on an O-1 visa and you believe you may be eligible for an EB-1A visa in the future, we encourage you to contact our office. Our experienced attorneys have helped countless individuals successfully navigate this path, and we would be happy to review your case and create a personalized roadmap for your green card journey.

Understanding the New USCIS Alien Registration Requirement: What You Need to Know

By Angelica Rice • March 6, 2025

In January 2025, the U.S. government introduced a mandate requiring all individuals without legal status in the country to register with federal authorities. This initiative aims to enhance national security and ensure compliance with existing immigration laws. If you or someone you know is affected by this change, it's essential to understand the specifics of this requirement and how to comply. Who Is Already Registered? Many individuals have already fulfilled their registration obligations through prior interactions with U.S. immigration authorities. You are considered registered if you have been issued any of the following documents: Lawful Permanent Resident Card (Green Card) Form I-94 or I-94W (Arrival/Departure Record), even if the period of admission has expired Immigrant or nonimmigrant visa issued before arrival Employment Authorization Document (EAD) Border Crossing Card Additionally, if you have applied for lawful permanent residence using forms such as I-485, I-687, I-691, I-698, or I-700, even if the applications were denied, or if you were paroled into the U.S. under INA 212(d)(5), you have met the registration requirement. Who Needs to Register Now? If you have not been registered through any of the means mentioned above, you are required to register under the new mandate. This includes: Individuals aged 14 or older who were not registered and fingerprinted when applying for a visa and have remained in the U.S. for 30 days or longer. They must apply before the expiration of those 30 days. Parents or legal guardians of children under 14 who have not been registered and have been in the U.S. for 30 days or longer. They must register their children before the 30-day period ends. Any individual who turns 14 years old in the U.S. and was previously registered. They must apply for re-registration and fingerprinting within 30 days after their 14th birthday. Notably, American Indians born in Canada who entered the U.S. under section 289 of the INA and members of the Texas Band of Kickapoo Indians who entered under the Texas Band of Kickapoo Act are exempt from this requirement. How to Register The U.S. Citizenship and Immigration Services (USCIS) is developing a new form and process for registration. Starting February 25, 2025 , individuals required to register should create a USCIS online account in preparation for the registration process. Once the process is implemented, registrations will be submitted through this online account. Important Considerations Registration Is Not an Immigration Status: Completing the registration does not grant any immigration status, employment authorization, or other rights or benefits under U.S. law. Consequences of Non-Compliance: Failure to comply with the registration requirement may result in fines, imprisonment, or both. At Santos Lloyd Law Firm, P.C., we are committed to guiding you through this process with compassion and expertise. Our trusted immigration lawyers are here to provide the information and assistance you need during this time. For personalized guidance and support, please contact Santos Lloyd Law Firm, P.C., and speak with one of our experienced immigration attorneys. We are dedicated to helping you navigate these changes and securing a hopeful future.

Executive Order on “Securing Our Borders”

By Juliana LaMendola • February 20, 2025

On January 20, 2025, President Donald Trump signed an Executive Order imposing new restrictions on migrants, including limitations on asylum and humanitarian protections. The order directs the Department of Homeland Security (DHS) to terminate all categorical parole programs that conflict with U.S. policies , which includes parole processes for Cuban, Haitian, Nicaraguan, and Venezuelan nationals. Additionally, this provision could impact parole programs for individuals from Afghanistan, Ukraine, and other countries. Beyond restricting parole, the executive order introduces several border security measures , including building more physical barriers, increasing the number of border personnel, and stopping the use of the CBP One mobile application . The order specifically directs the Department of Defense (DOD) and DHS to build more border walls to establish what it calls “complete operational control” of the southern border. Additionally, it ordered the immediate shutdown of the CBP One mobile app, which previously allowed asylum seekers to schedule appointments at U.S. Ports of Entry. As a result, all existing appointments have been canceled immediately . The order also initiates the reinstatement of the “Remain in Mexico” program , also known as the Migrant Protection Protocols (MPP) , across all sectors of the southern border. Under MPP, asylum seekers must remain in Mexico while awaiting the outcome of their U.S. immigration court proceedings, significantly altering the process for those seeking refuge in the country. These measures reinforce the Trump administration's broader effort to restrict asylum and humanitarian protections at the U.S. border . If you or someone you know may be affected by this executive order, it is essential to stay informed and understand your legal rights. Consulting with an immigration attorney can help navigate these evolving policies and ensure the best course of action moving forward.