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.

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April Perez

From Guest Chef to Permanent Fixture: Turning O-1 and P-3 Visas into a Culinary Green Card

By Angelica Rice • June 19, 2025

If you've made it to the United States as a culinary professional—perhaps on an O-1B visa that recognizes your extraordinary talent, or a P-3 visa for sharing your rich culinary heritage—congratulations! You’ve already proven yourself as a standout in your craft. But what if we told you that your journey doesn’t have to end when your temporary visa does? In fact, your current status could be the perfect stepping stone to something much more lasting: a green card through the EB-1A category. The EB-1A visa is a first-preference employment-based immigrant visa, designed for individuals with “ extraordinary ability ” in fields such as the arts, sciences, education, business, or athletics. And yes—culinary arts absolutely count. The key is demonstrating that your skills have risen to the very top of your field. If you've already gone through the O-1 or P-3 process, you're likely well on your way . Here’s the good news: much of the evidence used to obtain your O-1B or P-3 visa can be repurposed for your EB-1A petition . Awards, press features, expert testimonials, and proof of your work in prestigious kitchens or at cultural events—they're all valuable again. But what’s even more exciting is that everything you’ve accomplished while in the U.S. on your temporary visa—whether launching a signature tasting menu, starring in a food documentary, or leading culinary workshops—can now be used to further strengthen your case. According to USCIS, EB-1A applicants must meet at least three of ten criteria unless they’ve received a major internationally recognized award. These criteria include things like published material about your work, original contributions of major significance, high salary, and a critical role in distinguished organizations. For many chefs, especially those who’ve thrived in the U.S. hospitality scene, it’s absolutely achievable with the right guidance. What sets the EB-1A apart is that it does not require an employer sponsor . That’s right—you can self-petition! This means your culinary career can be as flexible and entrepreneurial as you want it to be, whether that means opening your own restaurant, expanding into media, or continuing to cook your way into America’s heart. Even better? It can be one of the fastest paths to a green card available. With premium processing, your I-140 petition can be adjudicated within just 15 business days. And if your country’s EB-1 visa category is current on the visa bulletin at the time of approval, you may be eligible to file your green card application immediately. This combination of speed, autonomy, and flexibility makes EB-1A an incredibly attractive next step in your immigration journey. At Santos Lloyd Law Firm, we love helping creative professionals take their next big step. If you’ve already wowed the world with your cuisine, the EB-1A may be your opportunity to stay and make your mark for good. Contact us today to find out if the EB-1A is the next right step for you!

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

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Government Shutdown 2026: Key Impacts on Immigration

By Kris Quadros-Ragar • February 2, 2026

The federal government entered a partial shutdown on January 31, 2026, after Congress failed to pass a final funding package. While this follows the record-breaking 43-day shutdown from last fall, this disruption is expected to be brief, with a House vote anticipated for the first week of February. However, as of February 2, several key departments are operating under shutdown contingencies. If you are an employer or a foreign national, here is what you need to know about how this affects your immigration matters: Impacts for Employers Certified LCAs: The Department of Labor (DOL) has suspended the processing of Labor Condition Applications. This means employers cannot currently obtain the certifications required to file new H-1B, H-1B1, or E-3 petitions. PERM and Prevailing Wages: Processing for PERM labor certifications and prevailing wage determinations has halted. This will likely cause a backlog once the government reopens. E-Verify: The E-Verify system is typically taken offline during a shutdown. Employers should continue to follow I-9 requirements but may be unable to resolve Tentative Nonconfirmations (TNCs) until the system is restored. Impacts for Employees and Families Consular Services: While U.S. embassies and consulates are fee-funded, their operations may be reduced. If you have an upcoming visa interview, check the specific consulate's website for status updates, as delays are possible. USCIS Operations: Because USCIS is primarily funded by application fees, it remains open. You should still attend scheduled interviews and biometrics appointments unless notified otherwise. CBP and Travel: U.S. Customs and Border Protection (CBP) functions are essential. Ports of entry remain open, though you may experience longer waiting times due to staffing adjustments. At Santos Lloyd, we are closely monitoring the situation as it unfolds. Whether you are an employer seeking guidance on how this shutdown impacts your hiring plans or an employee with general questions regarding if or how you may be affected, please reach out to our office. We remain dedicated to providing the updates and professional assistance necessary to help you navigate these disruptions.

USCIS Changes H-1B Lottery to Wage-Based Selection

By Kris Quadros-Ragar • January 15, 2026

U.S. Citizenship and Immigration Services (USCIS) has announced a major change to the H-1B cap selection process. Under a final rule issued on December 29, 2025, USCIS will replace the long-standing random H-1B lottery with a wage-weighted selection system that favors higher-paid and more complex positions. The rule is scheduled to take effect on February 27, 2026 , just ahead of the fiscal year 2027 H-1B cap registration season, unless delayed by legal challenges. If implemented, USCIS is expected to release additional guidance explaining how employers must submit registrations under the revised process. This change marks one of the most significant reforms to the H-1B program in recent years. Up until 2025, all registrations were treated equally once the annual cap was reached. Under the new system, selection odds will be tied to wage levels based on the U.S. Department of Labor’s Occupational Employment and Wage Statistics data. All H-1B registrations will still be placed into a single selection pool, but registrations tied to higher wage levels will receive multiple entries into that pool, increasing their likelihood of selection. Lower wage levels will receive fewer entries, making selection less likely but not impossible. H-1B wage levels are not determined solely by salary. Each wage level reflects the complexity of the job, the level of responsibility involved, and the education and experience required . Entry-level positions involving routine duties and close supervision are generally classified at the lowest wage level, while positions requiring independent judgment, advanced skills, and significant responsibility fall into higher wage levels. The highest wage level is reserved for roles that involve expert knowledge, strategic decision-making, and substantial leadership or technical authority. USCIS is expected to closely scrutinize selected petitions to ensure that the wage level claimed during registration is supported by the job duties and salary offered in the petition. Any discrepancies between the registration and the petition may result in requests for evidence, denials, or enforcement action. With the elimination of the purely random lottery, employers should begin preparing early by carefully evaluating job descriptions, wage levels, and overall H-1B strategy. Accurate classification and thoughtful planning will be essential under this new wage-based selection system. If you are an employer considering H-1B sponsorship, or a foreign professional wondering whether your position may qualify under the new wage-based system, consulting with experienced immigration counsel is more important than ever. Santos Lloyd Law is actively advising clients on H-1B cap registrations and strategy under the new rules. To discuss your options or determine whether you may qualify, contact our office to schedule a consultation.

Increase in issuance of EB-1A RFEs

By April Perez • January 9, 2026

During the recent administration there has been an increase in issuance of Requests for Evidence for EB-1A petitions for those of Extraordinary Ability. A Request for Evidence is a request that is made by USCIS that should explain how the evidence is deficient in proving the criteria argued and what additional evidence needs to be provided by the applicant to meet the criteria. EB-1A petitions are already normally subject to higher scrutiny because their approval is the first step needed to apply for Lawful Permanent Residence or a green card. USCIS normally requires not just evidence but that the evidence be provided with context and information to show why it matters in a particular field. For example, if you were providing evidence of your membership in an organization that requires outstanding achievements of its members, just providing evidence of the membership is not enough. You must explain what that membership is and provide background information on the organization granting the membership. You also need to provide evidence on the criteria that is used to select the members, information on those who select the members to show that they are recognized experts, other documentation such as articles about the membership organization to show its importance, and any other relevant evidence and background information to show that the criteria is met. A request for evidence being issued prior to the current administration was not uncommon, but in the current climate it is more surprising to not receive a request for evidence for this type of case. It is important to remember that a request for evidence is not a denial. Depending on the validity of the information in the request and the substance some Requests for Evidence can be overcome, and the case be approved. It is important to carefully review the request and note if there are any errors in the content and application of the regulations by USCIS. If you have an attorney, you should work with them and make sure that you provide any evidence you think may be helpful. Although there is a deadline by which a response must be submitted, attention to detail and patience will go a long way when dealing with having to respond to a request for evidence. If you believe you may qualify for this type of visa, please feel free to contact our office.