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.
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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Without them, an adjudicating officer is left to interpret complex professional milestones in a vacuum; with them, you have a panel of qualified experts certifying that you are not just competent, but extraordinary and indispensable to your field. In short, they are the "voice" of your petition, validating your status as an individual of extraordinary ability. If you are beginning the process of identifying your recommenders, here are four essential qualities you should look for in a contact. 1. High Public Visibility In the eyes of USCIS, the status of the recommender often reflects the status of the applicant. USCIS officers will scrutinize every aspect of your petition, and this includes researching your references. If a recommender is someone who is easily recognizable due to an extensive public profile, especially due to their accomplishments, it makes it easier to verify that their opinion of you as a candidate should be given more weight and taken seriously. Look for individuals who have a "public profile." This could mean: They are frequently quoted in major media outlets. They have a significant social media following or industry-wide recognition. They have won major awards (Oscars, Grammys, Pulitzers, etc.) or hold prestigious titles. Their name is synonymous with success in your specific niche. When an officer sees a letterhead from a globally recognized entity or a signature from a famous figure, it immediately sets the tone that you are a candidate worth evaluating, and the words they have written on your behalf will weigh strongly on the officer’s decision. 2. Significant Accomplishment in the Field Your recommender should be an "expert" in their own right, whatever that means for your particular field. USCIS needs to know that the person praising you is actually qualified to evaluate your talent and knows the difference between someone who is merely accomplished in the field versus someone who has reached the pinnacle of their profession. Ideally, your contact should be more senior or more accomplished than you are. They should have a track record of success that is beyond reproach. However, they don't necessarily have to be in your exact job title. They can be in a related field, provided they are in a position to judge your work. For example, if you are a VFX Artist, a famous Film Director or a Senior Producer would be highly qualified to evaluate your contributions to a production. 3. A Deep Professional or Personal Connection One of the most common mistakes O-1 applicants make is chasing "big names" who don't actually know them. A generic letter from a celebrity who has never met you will likely be dismissed as "boilerplate." The strongest letters come from people who can speak to your work with specificity because they have worked directly with you in a professional context. You should look for contacts who know you through: An extensive personal history: Someone who has mentored you or followed your career trajectory for years, who can thus attest to your professional growth and elite trajectory over time. Direct collaboration: Someone who has worked alongside you in a professional context, and has witnessed your impact as a professional first hand because they were also directly invested in whatever project or goal you were working towards. This can also include peers you competed against, if you are an athlete. Your reference letters should describe specific instances where your skills and accomplishments shined through, or where you and your reference worked together towards meeting some goal. This level of detail comes naturally when your reference truly knows you as a professional because of a deep familiarity with your work or direct experience with you as a professional. 4. A Willingness to Advocate Zealously This is perhaps the most underrated quality in a recommender. You do not want a contact who is only willing to "confirm the facts." A letter that simply affirms facts and offers a standard affirmation of your skills and accomplishments will not convey to the officer that you are truly extraordinary. You should seek recommenders who are willing to be effusive. They should be prepared to use strong language—words like indispensable, unparalleled, world-class, and pioneer. This is a visa for exceptionally accomplished professionals, and for your references to be effective their words must convey to the officer that you are truly extraordinary. If a contact is hesitant to provide a glowing, high-energy recommendation, they may not be the right choice for this specific legal process. Final Thoughts The O-1 visa is a high bar, and your reference letters are the pillars that hold up your petition. By seeking the right qualities in your references, you can ensure that you will receive strong and impactful letters that will in turn help to maximize your chances of receiving an O-1 visa. At Santos Lloyd Law Firm, we pride ourselves on assisting our talented clients in every aspect of the O-1 visa process. If you are an exceptionally talented individual considering applying for an O-1 visa, please contact us today and we will be happy to guide you towards a successful outcome.
