EXPERT ADVICE:
US Immigration Lawyers Betty Huang & Tao Lin on visas and creativity
Betty Huang (left) and Tao Lin (right) during 4N Exchange: Legal Edition at telos.haus in Brooklyn, NY.
June 2025
We gathered two 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, as part of our 4N Exchange discussion series. This panel was hosted at telos.haus in Brooklyn, New York, on June 25, 2025.
In addition to outlining the most popular visas for migrating creatives, Betty and Tao also shared their tips on how to deal with ICE.
Learn more about the lawyers: bettyhuanglaw.com tlalaw.nyc
A Conversation with Betty Huang and Tao Lin
4N: How much research should someone do to prepare for a consultation with a lawyer about visas?
Betty Huang: USCIS.GOV is great, you can poke around the site to get an idea. If you’re someone who’s been [in the US] on a visa as an undergrad, reach out to a lawyer at the beginning of your OPT (Optional Practical Training), so they can help you shape your time in the US and build the best portfolio possible for an artist.
4N: There are a lot of emotions that come with navigating the visa process. Do you have words of advice on dealing with that?
Tao Lin: Plan ahead as early as possible. I hope you have enough resources, time, and money. And if you don’t have any of that, at least you have the willpower. I want to make sure that you are emotionally strong, so we can get through this together.
BH: I appreciate what Tao said, it’s really important to know, especially in this political environment, that it’s going to be a journey, and set your expectations. I personally don’t file cases unless you can convince me you’re qualified. I like to win just as much as you do, so I’m not going to take your case if I feel like it’s not complete. I’ll just make you go do more work and come find me in a few more months.
4N: If you were to reject someone’s case, it’s because, from assessing their CV, they’re not ready and it wouldn’t be worth the time and the money put into filing yet?
BH: Correct. For an O-1B, specifically for an artist, there’s six criteria and you need to meet at least three: (1) Lead role in productions or events, and those events need to have press, (2) Lead role in a prominent organization, (3) Occupational achievements like awards, residencies, or fellowships, (4) High salary (don’t worry, nobody ever gets that one), (5) Testimonials, which are recommendation letters, and (6) Press about you, or about your productions. You don’t always have to get publications to write about you either, you can also write yourself and publish online, even on blogs.
TL: I like to get more than three, like a bit of extra credit. I don’t want you to get something called a Request for Evidence (RFE), which is what the US Citizenship and Immigration Services (USCIS) will send if they don’t think you’ve done enough.
If you don’t have three out of six today, I want to see whether you will have at least three out of six in the future. Every little thing counts. Let’s say you’re in the play Romeo and Juliet. If you play Juliet or Romeo, of course you’re the lead. But what if you play Juliet's cousin? Or Juliet’s cousin’s neighbor? It doesn’t matter. I don’t care if you are the doorman or whatever. Document all your achievements.
4N: If you are someone who works behind the scenes or you’re shy, how should you approach getting your name out there?
BH: I don’t get many Romeos or Juliets in my practice. And if it’s really niche, it’s actually better for us because then you could be considered an expert in your field. I have lots of shy clients, and there are times when they don’t think that they’re qualified because they hear this phrase “extraordinary ability,” and it freaks them out. You have to develop a little bit of American in you—go out there and brag about your work, hustle, ask for favors, volunteer. Have that New York attitude.
4N: What are some of the biggest changes you’ve noticed since the new administration?
BH: We learned under Trump 1.0 that they give us more busy work–busy work and delay tactics. Getting RFEs (Requests for Evidence) unfortunately is higher and more frequent. They’re asking for stuff that we’ve already sent. So then I’ll send a snarky cover letter and we’ll get approved.
4N: What are the best practices around political involvement, like protesting, for those with visas or green cards?
BH: Folks with visas, don’t protest. Lean on your American friends and force them to go. It’s important to be cautious during this time, and unfortunately, visa and green card holders don’t have the same rights as American citizens do.
4N: As a lawyer representing your client, do you feel it’s your role to educate the USCIS?
BH: I educate them all the time, even obnoxiously printing out the definition of a word from the dictionary and sending it to them to say, your definition is wrong, according to this.
4N: Do you have any tips for foreign travel?
BH: Have a burner phone that you can travel with, with just the essential functions. 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. Especially social media and emails (they really like to go through emails). Then once you enter you can re-download all your apps.
Popular Visas for Migrating Creatives
O-1B: Artists with Extraordinary Ability
Individuals with an extraordinary ability in the arts or extraordinary achievement in film or television
H-1B: Specialty Occupations
For anyone who has at least a US bachelor’s degree (or foreign equivalent), and a job related to their degree. There are a limited number of these each year–only 65,000 for the regular cap, and 20,000 for those with “advanced degrees.” The visa is based on a random lottery, with about a 25-30% chance you’ll get chosen.
TN: The United States-Mexico-Canada Agreement
This visa is for Canadians and Mexicans with an undergraduate degree and there is a specific list of professions that qualify.
E-1: Treaty Investor
As a treaty investor, you have have to be a citizen of the treaty country. For example, citizens of Western European countries, Central European countries, Canada, Japan, Singapore, South Korea, and Taiwan could be E-2 investors.
E-3: Specialty Occupation Workers from Australia
This is specifically for Australians. You must be coming to the United States solely to perform services in a specialty occupation.
L-2: Intracompany Transferee Executive or Manager
This requires you to be an intracompany transferee, which means you have to have worked at least a year abroad at a branch office.
Know Your Rights with ICE
Everybody has the right to remain silent and not asnwer questions, regardless of your immigration status. You have the right to counsel, and you have the right to refuse unreasonable searches and seizures.
Encountering ICE at Home
- Do not open the door. They do not have the right to enter without a judicial warrant.
- It does not in any way help you to be cooperative and kind. You have to practice in the mirror and say these words we’re not used to saying: “No, I’m not opening the door. No, I’m not talking to you.” Repeat it over and over again, or just stay silent.
- Don’t lie to the officers and say you’re a US citizen or that you have a different name.
- They’re going to be rude and try to intimidate you. According to the Supreme Court, they have every right to lie. They’ll say things like, “We got your mom, we got your grandma,” they’re going to try to scare you, and you just have to try to stay firm.
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Trying to keep them out is the key. Don’t let them shove their way in.
- If they do get in, have someone who is an American citizen record video and take notes. That person should repeat over and over, “We’re not talking to you, we’re not cooperating with you.”
What to do if You Get Arrested at a Protest
Betty and Tao both advise against participating in protests for visa and green card holders, but if you do find yourself in trouble, here’s their advice:
- Memorize someone’s phone number who could contact an immigration attorney for you.
- Try not to say anything or sign anything. They’re going to lie to you to try to get you to sign your rights away.
- Be patient and understand that the wheels of justice turn very slowly. It could be days, possibly weeks. But your attorney will work their magic to try to get you out.
DISCLAIMER: For the most up-to-date advice and information, please reach out to your immigration lawyer.