We gathered two of our most trusted US immigration lawyers, Betty Huang and Tao Lin, to offer their expert advice on the US visa process, promoting yourself as an artist, dealing with USCIS, and more at telos.haus in Brooklyn, NY on June 25, 2025.
Here’s the TL;DR on Betty and Tao’s advice. Find the full conversation here.
What are the six qualification requirements for an O-1 visa?
For an O-1B you need to meet at least 3 of these 6 criteria:
- Leading role in productions or events (the event needs to have press)
- Lead role in a distinguished organization
- Occupational achievements, like awards, residencies, or fellowships
- High Salary (don’t worry, no one ever gets that one)
- Testimonials (recommendation letters)
- Press (about you, your productions…published in 4N magazine!)
It’s good to get more than three, to avoid something called a Request for Evidence, which is what USCIS (US Citizenship and Immigration Services) will give if they don't think you've done enough.
Aside from the O-1, what other visas can people look into to stay in the US?
H-1B: This is always the obvious one, for anyone who has at least an undergraduate degree, and a job related to their undergraduate degree. There are only 65,000 available each year, and it’s about a 1-in-3 to 1-in-4 chance that you’ll get chosen by the lottery. We have no idea how they select people, they just say it’s at random.
TN: This visa is for Canadians and Mexicans, again with an undergraduate degree and a specific list of professions that qualify.
E-3: This is specifically for Australians.
L-visas: This requires you to be an intracompany transferee, which means you have to have worked at least a year abroad at a branch office in order to be transferred. So it’s quite limited.
CPT: If you go back to school, you get the so-called “Day One CPT.”
How does the EB-1 compare to the O-1?
EB-1 criteria is a little bit different, but mostly it’s about the analysis that the USCIS officer does. With the O-1 you’re saying you’re one of the best in the world at whatever you’re doing. With the EB-1 you’re saying you’re one of the best of the best. If everybody's ranked out of 200, the first 50 could probably get O-1s, and then the first 10 would be able to get the EB-1 green card.
How would someone go about approaching a firm, and what should they come prepared with?
You should start with a consultation, and you’ll need your CV and portfolio. During a consult, a lawyer will review your CV and portfolio to see how you qualify, and answer your questions.
How much research should someone do before they reach out to a lawyer, in order to make their consultation worthwhile?
Look around USCIS.gov to get an idea of what you’d like to pursue. If you’re on a visa as an undergrad, you should reach out to a lawyer at the beginning of your OPT so they can help shape your time in the US and build the best portfolio possible for your visa.
How can people best deal with the emotional aspects of the visa process?
Keep in touch with your attorney, and follow their instructions and deadlines. Lean on your community. Plan ahead as early as possible.
How can you get your name out there if you’re shy?
You have to develop a little bit of American in you. Go out there and brag about your work, have that New York attitude and hustle, develop that personality. Ask for favors. Volunteer. Go out and do stuff.
What are some of the biggest changes you’ve noticed since the new administration?
They’re sending a lot more requests for evidence. It’s busy work and delay tactics by asking us to re-send things we’ve already submitted.
How are you advising clients on international travel this summer?
If you can, stay in the US. The reason we don’t want folks to travel is because you’ll have less encounters with customs and border protection. The less you have to deal with them, the better it is for you. If you have to travel, get a burner phone that you can travel with. Or, if you don’t want a burner phone, delete all the apps before you go through customs in the US, or before you board the plane—the social media apps, emails–they really like to go through emails. Once you enter, you can just re-download all your apps.
Should I go to protests if I’m on a visa or green card?
Folks with visas–don’t protest. Lean on your American friends and make them go. You can support in different ways. Unfortunately, visa holders and green card holders don't have the same rights as citizens, so I think you should be wary.
What if I do protest and I get arrested?
You have to memorize someone’s phone number. If you get arrested, you’re hoping that person will then call someone who has an immigration attorney to get you out. It could be days, possibly weeks. But the key is to try not to say anything or sign anything. They’re going to lie to you and try to get you to sign your rights away, but you have to be patient and hope the attorney can work their magic to get you out.
What should I do if ICE comes to my house?
Don’t open the door. They do not have the right to enter. It doesn’t help you to be cooperative and kind, you really have to practice saying “No, I’m not opening the door, I’m not talking to you,” or just stay silent. Don’t lie to the officers and say you’re a US citizen or give them a fake name. They’re going to be rude, intimidating, and they have every right to lie, according to the Supreme Court. They’ll say things like, “We got your mom, we got your grandma,” to try to scare you. Regardless of your immigration status, you have the right to remain silent, you have the right to counsel, and you have the right to refuse unreasonable searches and seizures.
What should I do if I encounter ICE in a public space?
If it’s somewhere like an office with a door, trying to keep them out is key, not letting them shove their way in. If they do enter, and there’s an American around, they should be the ones recording, taking notes, and repeating over and over again “We’re not talking to you, we’re not cooperating with you.”
Want to hear more from our 4N Talents and their visa journeys? Read our previous 4N Exchange x MOCA and 4N Exchange at Printed Matter: A Conversation on Weaving through Visa Hurdles as a Foreign Creative.