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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2026 Visa Freeze and Travel Bans

By Juliana LaMendola • March 13, 2026

On January 14, 2026, the Trump administration announced a freeze on immigrant visa issuance for nationals of 75 countries . The administration states that this “visa freeze” is intended to review security protocols, “reduce risks,” and control immigration flows. However, the immediate reality is that this change in policy has temporarily suspended visa processing and restricted travel for applicants from numerous countries across the globe. While the legal landscape surrounding these suspensions is highly fluid and subject to change, it is important to consider how this “visa freeze” might impact your current status or immigration plans. The scope of the restrictions varies drastically depending on your country of origin and specific visa category. Most notably, a nationality-based travel ban restricts visa issuance for 19 countries : Afghanistan, Burma, Chad, Republic of Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, Yemen, Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan, and Venezuela. Beyond this targeted ban, a broader freeze affects applicants from a designated list of up to 75 countries, leading to indefinite delays for many visa petitions. However, it is important to note that immigrant visa applications first need to be processed through USCIS, which has not paused processing applications from the 75 countries. Thus, it is important to contact an attorney to understand at what point in the process this visa freeze may affect your case. While Brazil is included in the list of 75 countries, at the time of this publication, the freeze does not include non-immigrant visas for Brazil . Non-immigrant visas are granted to foreign nationals seeking to enter the United States on a temporary basis for specific purposes, such as tourism, studying, or temporary work. This means that Brazilian applicants can still safely pursue non-immigrant employment options, such as O visas for individuals with extraordinary ability or P visas for internationally recognized athletes, without being subjected to the current travel bans or suspensions. This alert is for informational purposes only and does not constitute legal advice. There are many changes and uncertainties, so please consult with a qualified attorney at Santos Lloyd Law Firm, P.C. to understand how these evolving policies might affect your specific case

The 2026 RFE Surge

By Denice Flores • March 6, 2026

Recent data in 2026 shows a sharp increase in Requests for Evidence across employment-based visa categories such as EB-1, EB-2 NIW, O, and H-1B. Requests for Evidence (RFEs) are no longer reserved for borderline cases; even robust petitions for high-level talent are facing unprecedented scrutiny. The expansion of the USCIS Vetting Center means automated tools are cross-referencing every petition, triggering RFEs for even the smallest inconsistencies. For EB-2 NIW petitions, adjudicators are increasingly questioning the "National Importance" of a candidate’s endeavor. Even for those with impressive credentials, USCIS now demands evidence of how their work specifically benefits the U.S. on a prospective basis. For O-1A and O-1B visas, officers are applying narrower interpretations of "distinction" and "extraordinary ability," often mischaracterizing evidence already present in the record. Additionally, a troubling 2026 trend is the correlation between Premium Processing and RFEs . For discretionary categories like EB-1A and EB-2 NIW, Premium Processing has increasingly become a "fast track" to a poorly reasoned RFE. Reports indicate that adjudicators, pressured by 15-business-day timelines, may be relying on AI-assisted vetting tools that trigger automated RFEs with general and boilerplate language, rather than a thorough review and analysis of supporting documents and evidence filed. With USCIS employing more rigorous AI-driven vetting and a narrower interpretation of visa criteria, the margin for error has disappeared . As such, ensure you consult with an experienced immigration attorney before filing a petition. ' If you have any questions, please schedule a consultation with one of our experienced attorneys, and we will be more than happy to assist you.

Navigating the Surge in Temporary Protected Status (TPS) Terminations and Litigation: What You Need to Know

By Juliana LaMendola • February 19, 2026

In recent weeks, the U.S. government has moved to terminate Temporary Protected Status (TPS) for multiple countries, sparking a wave of last-minute litigation and creating significant uncertainty for beneficiaries. This shift is having a profound impact on those who rely on TPS for lawful presence and work authorization in the United States. Across the country, federal courts have intervened to pause or block scheduled TPS terminations for several countries, including Burma (Myanmar), Ethiopia, Haiti, South Sudan, and Syria. In response to these court orders, USCIS has updated its webpages to indicate that TPS status and related Employment Authorization Documents (EADs) are extended for these populations. However, USCIS is intentionally not providing specific new end dates for EAD validity while the litigation remains in flux. The Department of Homeland Security (DHS) has prominently noted that it "vehemently disagrees" with these court orders and is actively working with the Department of Justice on next steps. This legal landscape remains highly unpredictable and varies drastically depending on the country of origin. For example, on February 9, 2026, the 9th Circuit Court of Appeals granted a stay allowing the government to proceed with the termination of TPS for Nicaragua, Honduras, and Nepal while the underlying legal challenges continue. Because of this ruling, the automatic extension of work authorization for these individuals has ended, and employers are now required to reverify the work authorization of affected employees, who must present alternative valid documentation to continue their employment. These rapid changes and the lack of clear end dates are causing complications beyond the workplace. Because driver's licenses often track the length of an individual's authorized stay, many DMVs are currently declining to issue or renew driver's licenses for impacted TPS populations. For employers, managing internal communications, avoiding onboarding errors, and navigating Form I-9 compliance has become increasingly complex. It is more important than ever to be well-prepared and proactive in monitoring these rapid changes. At Santos Lloyd Law Firm, P.C., our immigration attorneys are ready to guide you through this evolving process and ensure you are informed, and supported. Please contact us if you have questions or need assistance.