O1B Visa Process

April Perez • December 23, 2021

Click here to read this article in Portuguese and Spanish

An O1B visa is a visa for individuals with Extraordinary Ability or Achievement. This sounds simple enough but it actually requires several different parts to come together in order to get the petition ready for filing. The process begins with evidence to see if the person can meet the requirements.

The individual must have an extraordinary ability in film, television or the arts. The individual must be able to show that they have been nominated for or received a significant national or international award, this can be an Academy Award or a Grammy or another award of significance.

If the individual does not have a significant national or international award, they must be able to meet at least three of the requirements below:

1. Evidence that the beneficiary 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, endorsements.

2. Evidence that the beneficiary 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, magazine, other publications.

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, publication or testimonials.

4. Evidence that the 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.

5. Evidence that the beneficiary has received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the filed 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.

6. Evidence that the beneficiary has commanded high salary or will command high salary or other substantial renumeration for services in relation to others in the field, as evidenced by contracts or other reliable evidence.

The evidence should be presented in a cover letter laying out the arguments about the requirements that are being argued as having been met.
If the individual is able to meet the requirements, they will need to have a petitioner which can be a visa agent or employer, this can be an individual or company depending on the type of work.

The individual must be able to provide contracts for the work he or she will be doing in the U.S.A. if the visa is approved. The contracts or deal memos for the work must cover the period of the visa that is being requested.
There should also be an itinerary listing the details of each project.
There are also forms that must be filled out and signed by both the beneficiary and their petitioner.

Depending on the type of work the individual will be doing in the U.S.A. they will need to request consultation letters from one or more organizations designated by USCIS. There are usually fees for the consultation letter requests from the organization and there are also filing fees for the petition itself that must be paid to USCIS. The filing fees vary depending on whether you want to do the regular processing route or the premium processing route.

The process can be overwhelming especially for someone who has never done this before, and there is a lot of paper work and information that needs to be gathered. It is important to have guidance from an attorney to assure a positive outcome of your case.

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

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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