What type of Petitioner can you have for an O visa?

April Perez • May 25, 2022

Click here to read this article in Portuguese

An O visa is an employment visa that is temporary. Since it is an employment visa you must have an employer or agent petitioner. The visa can be granted for a period of 3 years. If you will have future work that will be 3 years, if less time is needed then you can request it for less time.

If you have an employer as your petitioner, you can only work for that employer during the period of your visa. Usually the employer and the beneficiary (you) must sign an agreement or contract that sets out the terms of your employment including your job title, the dates you will be employed, your hourly pay or yearly salary, and the duties associated with your role. If later, you want to add another employer they must file a concurrent O visa petition and wait for it to be approved so that you can work for the second employer. Or if you want to change your employer you must file an amended petition to change your employer.

If you have a visa agent as your petitioner that individual or company is only your petitioner for purposes of the visa. You still sign an agreement with the terms explaining that they are your agent. This type of petitioner allows you to work for more than one employer, but each employer must still provide a contract or deal memo signed by them and yourself, and still must provide details regarding the employment, compensation, the work you will be doing, and the location of the work. This agreement also contains language authorizing the agent to act as the petitioner for the employer.

In addition to the agreements or contracts you will also need to provide an itinerary listing each event or job that you will do based on your agreements while you are in the U.S.

You may meet the requirements for an O visa, but you also must have a petitioner and work for the visa to be issued. This is only one part of the O visa petition, but it is an important part that will usually affect whether you can file an O visa petition.

If you have questions or think that you may qualify for an O visa you should 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

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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